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 papers, advisory opinions, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Bench Book - 4.2.2 Uniform Extradition Act Considerations
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
Bench Book - 4.7.3 Specific Considerations for Probable Cause Hearings under ICAOS
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
Rule 5.108 - Probable cause hearing in receiving state
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
Advisory Opinion 1-2011
Whether rule 2.105 applies to hunting violations involving the use of a firearm
Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered
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 offenders who fail to return to…
Bench Book - 4.7.3.2.1 Offender’s Basic Rights at a Probable Cause Hearing
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
Advisory Opinion 3-2008
Whether sex offenders can travel out of state once they are transferred to a receiving state
Bench Book - 3.2.2.1 Out-of-state Treatment
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…
Bench Book - 3.4.2 Type of Supervision in Receiving State
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
Rule 4.102 - Duration of supervision in the receiving state
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
Rule 4.112 - Closing of supervision by the receiving state
(a) The receiving state may close its supervision of an offender and cease supervision upon– The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;…
Rule 5.101 - Discretionary retaking by the sending state
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
On-Demand - ICAOS 103 Supervision in the Receiving State
This on-demand training module discusses supervision responsibilities once an offender's supervision is transferred to a receiving state. The module is approximately 25 minutes
Bench Book - 5.3.3 Immunity in Another State's Courts
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
Bench Book - 4.7.3.2.3 Post Probable Cause Hearing
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state may detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
Bench Book - 3.6.2 Authority to Impose Conditions
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 offender rehabilitation, not unreasonably impinge on…
Bench Book - 3.7 Sex Offender Registration
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…
Rule 4.103 - Conditions of supervision
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
Rule 3.103 - Reporting instructions; offender living in the receiving state at the time of sentencing or after disposition of a violation or revocation proceeding
(a) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of…
Advisory Opinion 1-2015
Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation
Bench Book - 1.3 Delegation of State Authority to an Interstate Commission
One of the axioms of modern government is a state legislature’s ability to delegate rulemaking power to an administrative body. This delegation of authority extends to the creation of an interstate commission through an interstate Compact. See Hess v.…
Rule 6.103 - Enforcement actions against a defaulting state
(a) If the Interstate Commission determines that any state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the by–laws or any duly promulgated rules the Interstate…
Rule 3.102 - Submission of transfer request to a receiving state
(a) Except as provided in sections (c) & (d), and subject to the exceptions in Rule 3.103 and 3.106, a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required…
Rule 3.104 - Time allowed for investigation by receiving state
(a) A receiving state shall complete investigation and respond to a sending state’s request for an offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact…
Bench Book - 4.4 Arrest and Detention of Offenders in the Receiving State
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
Bench Book - 2.10 Key Definitions in the ICAOS (Art II)
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…
Bench Book - 3.5.2 Temporary Travel Permits
Offenders may be granted travel permits. A travel permit is the “written permission granted to an offender authorizing the offender to travel from one state to another.” See Rule 1.101. Rule 3.110 requires a receiving state to provide notification to a…
Rule 4.107 - Fees
(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…
Rule 5.103 - Offender behavior requiring retaking
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
Bench Book - 1.2.1 Interstate Compacts are Formal Agreements Between States
Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist simultaneously as both (1) statutory law, and (2) contracts between states. The contractual nature…
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