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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Courts have generally upheld sex offender registration requirements for sex 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…
A supervised individual 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 for accepting the transfer. Imposing such “pre-acceptance” requirements on…
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…
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.…
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote the individual’s rehabilitation, not unreasonably…
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…
At the request of a receiving state, Rule 5.102 requires the sending state to retake a supervised individual 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…
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…
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…
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…
Notwithstanding the authority of the sending and receiving state to impose conditions on a supervised individual, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with…
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…
 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…
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…
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…
While the Compact does not create a private right of action, this does not leave supervised individuals without recourse under Section 1983. Instead, their claims must be framed as violations of constitutionally protected rights. There are numerous…
While a state may be required to accept supervision based on the supervised individual’s eligibility status, the receiving state may determine that certain conditions are necessary at the time of acceptance. The receiving state can only impose conditions…
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…
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…
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…
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