Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papersadvisory opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Among the powers of the Commission, its rulemaking authority is the most distinctive and far-reaching. The rules established by the Commission carry the force of statutory law within member states and must be fully enforced by all state agencies and…
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
 The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission: Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state; Oversees, supervises, and…
A key feature of the ICAOS is the Commission’s enforcement mechanisms designed to ensure state compliance with the Compact. These tools are not aimed at compelling compliance from supervised individuals—that responsibility lies with the courts, paroling…
States are bound by the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application…
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for non-compliance rests with the Commission as a whole or its executive committee acting…
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
The following definitions should be of particular interest to judicial authorities: Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Compact Administrator – means the…
Transfers are classified into two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to transfer a supervised individual to another state lies solely with the sending state. See Rule 3.101. The supervised individual does…
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
The following key terms and their definitions supplement terms defined by the Compact rules. They should be of special interests to judicial authorities: Abscond means to be absent from the supervised individual’s approved place of residence and…
The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing…
The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court…
 As discussed, the transfer of supervision for a supervised individual is mandatory in some circumstances. Receiving states are required to accept the transfer if the individual meets the eligibility criteria outlined in Rules 3.101 and 3.101-1. As…
Supervised individuals may be granted travel permits, which are defined as “written permission granted to a supervised individual authorizing travel from one state to another.” See Rule 1.101 Rule 3.110 requires a receiving state to notify the sending…
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
When interpreting the ICAOS and its rules, eligibility for transferring supervision hinges on the nature of the offense, the sentence imposed, and the status of the supervised individual, rather than the duration of supervision remaining under Rule 3.101…
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote…
While receiving states cannot impose pre-acceptance requirements on supervised individuals that would violate their obligations under the Compact, the Compact and its rules do not prohibit receiving states from imposing post-acceptance testing…
According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal "probation" or "parole" to be eligible for transfer and supervision under the…
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than fifteen (15) business days. Warrant requirements apply to supervised individuals who fail to…
As previously discussed, Rule 5.102 requires the sending state to retake a supervised individual for a new felony or violent crime conviction after the individual’s release from incarceration for the new crime. This can lead to a significant delay between…
 The Commission’s rules provide an “expedited” option, allowing a supervised individual to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, both the sending and receiving states must agree that an…
 In addition to traditional cases where an individual is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
 The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date,…
Upon receiving a violation report for an absconding supervised individual, the sending state must issue a national arrest warrant once notified of the individual's absconding status. If the absconding individual is apprehended in the receiving state, the…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
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