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 opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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… 2379 … 2373 … 2366 … 2364 … 2363 … 2362 … 2360 … 2358 … sex offender … 2397 … 2411 … definitions … 2008 … Sex Offender – means an adult placed under, or made subject …
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
… Courts have generally upheld sex offender registration requirements for offenders whose … are not discriminatory. Thus, a receiving state may impose sex offender registration requirements on transferees so …
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
… for Transfer— At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state …
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 offender…
… 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 …
An offender who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition of acceptance of the transfer. Such “pre-acceptance” requirements imposed on otherwise…
… An offender who is otherwise eligible for transfer under Rule … Opinion 5-2006 (requiring sending state to establish sex offender risk level is inappropriate where similar … 2373 … conditions of supervision … eligibility … offendersex offender … transfer … 2408 … eligibility … transfer of …
Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending state is required to provide details of…
… 2363 … Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of … a sending state is required to provide details of the sex offense in a request for reporting instructions for sex
Time allowed for investigation by receiving state, Rule 4.101 - Manner and degree of supervision.
… 45 calendar day rule, under Rule 3.104, to determine if the offender’s supervision plan is valid for sex offenders? Many states have either a state law or … clarification of residency restrictions, establishing of sex offender risk levels or community notification …
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
… Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), … For example, a sending state could impose an annual fee on sex offenders so long as that fee had “no direct … a state statute authorized collection of an annual fee from sex offenders for the purposes of maintaining the state’s …
… use of a deadly weapon in the commission of a crime; or any sex offense requiring registration. … Definition - Violent …
The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of…
… The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a … request. See Rule 3.103 . ( Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) business days and travel permits for ‘sex offenders’ shall not be provided until reporting …
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
… state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is … of a deadly weapon in the commission of a crime; (4) or any sex offense requiring registration. … behavior requiring retaking … conviction … felony … offender … retaking … supervision in receiving state … …
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…
… supervision, more information concerning out-of-state offenders is necessary for the protection of the citizens of … attempt to impose higher restrictions on out-of-state sex offenders than it imposed on instate sex offenders violated the terms of the ICPP and rules …
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
… A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the … 3-2008 [Guidance Concerning Out-of-State Travel for Sex Offenders] History: Adopted November 4, 2003, effective …
Guidance Concerning Out-of-State Travel for Sex Offenders Issue #1: Whether a receiving state’s compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant to ICAOS, from traveling outside of the…
… 2388 … 2373 … Guidance Concerning Out-of-State Travel for Sex Offenders Issue #1: Whether a receiving state’s compact … an advisory opinion regarding out of state travel for sex offenders.  In its request Massachusetts states as …
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
… impose a fee for each transfer application prepared for an offender. (b)  Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall … by a sending state for purposes of defraying costs for sex offender registration and victim notification, not …
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
… Circuit concluded that receiving state officers violated an offender’s constitutional rights by seeking his arrest … States Court of Appeals for the Third Circuit held that a sex offender’s constitutional right to due process before being classified as a sex offender was not clearly established at the time when …
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
… states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the … from imposing post-acceptance testing requirements on an offender. An offender otherwise eligible for transfer under … failure to meet the additional requirements, e.g. sex offender registration or psychological testing, could be …
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state that the offender is not complying…
… financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state that the offender is not complying with family support and … by a sending state for purposes of defraying costs for sex offender registration and victim notification, not …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and failing to…
… judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and … for more than 45 consecutive days in any 12-month period; Sex Offender means an adult placed under, or made subject … justice agencies, and, who is required to register as a sex offender either in the sending or receiving state; and, …
Clarification on Offenders being charged fee by sending state after transferred to receiving state.
… Clarification on Offenders being charged fee by sending state after … offenders residing in another state a fee, called a sex offender registration fee. This fee, in the amount of … that WI DOC may “require a person who must register as a sex offender and who is in its custody or on probation, …
Through its rules, the Commission allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that…
… allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” … the sending state’s request. ( Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) …
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
… According the Commission’s definition of “offender,” the Commission can regulate the full range of … ( See ICAOS Advisory Opinion 7-2006 for clarification); A sex offense requiring the offender to register as a sex offender under the laws of the sending state. ( See Rule …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
… construction- Abscond – means to be absent from the offender’s approved place of residence and employment; … an offender, under the terms of the Compact and its rules. Sex Offender – means an adult placed under, or made subject … and who is registered or required to register as a sex offender in the sending state or is under sex offender
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – … the underlying offense. For example, a condition requiring sex offender registration is invalid where the trial court … leading to revocation, but because of an unrelated 1986 sex-offense conviction. See United States v. Scott , 270 …
In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of…
… offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished … .) Rule 4.102 states, “A receiving state shall supervise an offender transferred under the interstate Compact for a … Life” in an effort to monitor high-risk offenders, such as sex offenders. These programs generally require that …
Offenders in Federal Housing
Offenders in Federal Housing … Issued by: Don Blackburn, … of offenders from relocating into Section 8 housing: 1) sex offenders who are required to register for life, and 2) … regulations prohibiting residence in Section 8 housing for sex offenders and those convicted of the manufacture or …
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more…
… (a) A misdemeanor offender whose sentence includes 1 year or more of … conviction of driving while impaired by drugs or alcohol; a sexual offense that requires the offender to register as a sex offender in the sending state. References: ICAOS …
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community based or in-house treatment program in…
… may include drug treatment, mental health treatment, or sex offender treatment, to name a few. The difficulties with these programs arise when an offender in one state is required to enroll in a treatment …
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
… not create a private right of action does not mean that offenders subject to it are left without a remedy under … case noted in the subsection immediately above. In Doe , a sex offender who transferred his probation and parole … in Pennsylvania. Pennsylvania required every out-of-state sex offender who moved there to submit to community …
(a) A transfer request for an offender shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the circumstances, type…
… (a) A transfer request for an offender shall be transmitted through the electronic … at the time of imposition of sentence; photograph of offender; conditions of supervision; any orders restricting … information as to whether the offender is subject to sex offender registry requirements in the sending state …
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