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 121 - 150 of 450
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
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…
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 - 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…
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 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…
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,…
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…
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 - 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…
Support - ICAOS Practice Guide: Electronic Signatures
  Electronic signatures have become a convenient and efficient way to sign documents and are legally recognized in every state and US territory. However, the acceptance of an electronic signature may vary depending on the context, the parties involved,…
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…
Support - Compact Action Requests Transmitted
The Compact Action Requests Transmitted lists Compact Action Requests transmitted within a selected date range.  These reports can assist states in identifying cases in need of a requested Progress Report, Compact Action Requests in need of a reply (or…
Rule 2.103 - Dues Formula
(a) The commission shall determine the formula to be used in calculating the annual assessments to be paid by states. Public notice of any proposed revision to the approved dues formula shall be given at least 30 calendar days prior to the Commission…
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…
Bench Book - 3.3.1.1 Expedited Transfers
 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…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake a supervised individual for a new felony or violent crime conviction after the individual’s release from incarceration for the new crime. This can lead to a significant delay between…
Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
Bench Book - 2.11 Interstate Commission
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
Rule 5.103-1 - Mandatory Retaking for Supervised Individuals Who Abscond
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension, file a detainer with the holding facility where the supervised individual is in custody. (b) If a …
Support - Progress Reports Due within 30 Days of Request
ICAOS Rule 4.106 requires the receiving state to submit a progress report within 30 calendar days of request.  For all cases considered active, ICOTS generates reminders and facilitates due dates to assist states with compliance of this rule.      Q: The…
Bench Book - 2.2 Why the Interstate Compact for Adult Offender Supervision?
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
Bench Book - 2.9 Key Features of the ICAOS
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
Support - Progress Report
The progress report workflow is managed with review in the receiving state prior to transmission.  Upon transmission by the receiving state's compact office, the workflow stops and all interested parties in the sending state receive simultaneous…
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