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.

Displaying 31 - 60 of 310
Rules governing supervision in the receiving state under the compact of the Interstate Commission for Adult Offender Supervision
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…
Rule 5.108(d) defines the supervised individual’s basic rights for a probable cause hearing. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process procedures in a…
If the hearing officer determines that probable cause exists and the supervised individual has committed the alleged violations, the receiving state may detain the individual in custody pending the outcome of decisions in the sending state. Within 15…
Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation
Supervision in the Receiving State
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…
In addition to civil rights lawsuits, supervised individuals (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases, some form of immunity will apply, and questions related to immunity will generally turn on…
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
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…
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…
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on a supervised individual if that condition would have been imposed on a supervised individual sentenced in the receiving state. (b) A receiving…
(a) Application fee—A sending state may impose a fee for each transfer application prepared for a supervised individual. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an individual whom the state accepts for supervision…
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
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…
While the sending state has sole authority to determine the duration of supervision, whether through the court’s sentence or by paroling authorities, the receiving state retains discretion over the type of supervision it will provide. Rule 4.101 requires…
(a) A request for reporting instructions for a supervised individual 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…
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…
A receiving state shall supervise individuals transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1,…
(a) The receiving state may close and cease supervision upon– The date of discharge indicated for the supervised individual at the time of application for supervision unless informed of an earlier or later date by the sending state; Notification to the…
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),…
(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 a supervised individual.  The sending state must notify the receiving state within 15 business days of their issuance of the…
This on-demand training module discusses supervision responsibilities once a supervised individual's supervision is transferred to a receiving state. The module is approximately 25 minutes
Imposing fees on offenders transferring through the Compact
(a) Upon a request by the receiving state and documentation that the supervised individual’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of the individual from the receiving state or a subsequent…
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…
A receiving state shall continue supervising individuals who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004…
A supervised individual in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017…
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Displaying 31 - 60 of 310