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.

Displaying 91 - 120 of 310
Advisory Opinion 8-2006
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
Advisory Opinion 8-2005
Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant
Bench Book - 3.4.1 Duration of Supervision
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…
Advisory Opinion 4-2012
Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence
Advisory Opinion 2-2012
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Advisory Opinion 1-2014
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
Advisory Opinion 2-2010
Whether a sending state can close interest in a case if the offender's status no longer qualifies under the definition of supervision
Advisory Opinion 9-2006
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Advisory Opinion 1-2009
Whether a sending state may request an investigation prior to the offender’s release from incarceration
Advisory Opinion 3-2007
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Advisory Opinion 11-2006
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Advisory Opinion 1-2010
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Advisory Opinion 5-2006
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
Advisory Opinion 16-2006
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
Bench Book - 3.6 Conditions
Conditions
Rule 3.108 - Victims’ Right to be Heard and Comment
(a) When a supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual…
Rule 4.105 - Arrival and Departure Notifications; Withdrawal of Reporting Instructions
(a) Departure notifications—At the time of departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the supervised individual departs shall notify the intended receiving state, and, if…
Bench Book - 3.9 Implications, Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto are intended to protect certain healthcare information from disclosure to authorized persons or entities. Generally, prior to disclosure of…
Bench Book - 3.8 Financial Obligations
Financial Obligations
Rule 5.109 - Transport of Supervised Individuals
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport supervised individuals through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004,…
Rule 3.106 - Request for Expedited Reporting Instructions
(a) A sending state may request that a receiving state agree to expedited reporting instructions for a supervised individual if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination. If the…
Bench Book - 2.8 Effect of Withdrawal
As previously discussed, supervised individuals do not have a constitutional right to travel, and states are not constitutionally required to accept supervised individuals from other states. Consequently, the ICAOS is the sole mechanism by which states…
Bench Book - 3.3.1 Time of Transfer
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…
Hearing Officer's Guide - V. Frequently Asked Questions
Is there a standard waiver for a probable cause hearing? No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission…
Rule 3.104-1 - Acceptance of Supervised Individual; Issuance of Reporting Instructions
(a) If a receiving state accepts transfer of the supervised individual, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit…
Hearing Officer's Guide - I. When is an Supervised Individual Entitled to a Probable Cause Hearing?
In Morrissey and Gagnon, the US Supreme Court established a two-step process for revocation proceedings.  Step 1: A preliminary hearing to determine the appropriateness of the individual's detention due to suspected violations of conditions of supervision…
Bench Book - 4.7.3.2.2 Probable Cause Hearing Report
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,…
Bench Book - 3.2.1.2 Eligibility of Supervised Individuals, Residency Requirements - General Overview
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…
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
A supervised individual convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the individual’s violations of supervision and the right…
Rule 3.101-3 - Transfer of Supervision of Sex Offenders
(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…
Displaying 91 - 120 of 310