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 opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of…
… the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the … and the status of the offender, not the duration of supervision (as distinguished from the amount of supervision remaining under Rule 3.101 .) Rule 4.102 states, …
Supervision in the Receiving State
Supervision in the Receiving State … supervision receiving state … 2019 … Bench Book - 3.4 Supervision in the Receiving State …
… 2019 … Chapter 2 - Interstate Commission for Adult Offender Supervision (ICAOS) …
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…
… state has sole authority to determine the duration of supervision either by way of the court’s sentence of by … the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101 obligates the … by the receiving state that is consistent with the supervision it provides to other similar offenders. …
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 offender…
… offenders and their offenses. The process of transferring supervision of this high-risk population is uniform in … the receiving state in determining risk and appropriate supervision levels for sex offenders. See Rule 3.101-3 . To … a sex offender as: [A]n adult placed under, or subject to supervision as the result of the commission of a criminal …
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…
… comes into play when an offender seeks to transfer their supervision to another state. If part of complying with a … or conditions. … 2376 … 2371 … compact … sentencing … supervision … interstate compacts … 2019 … Bench Book - 2.2 Why the Interstate Compact for Adult Offender Supervision? …
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… information is a legitimately necessary element in the supervision of an offender, such a release of information … not directly linked to a legitimately necessary element of supervision, the release could violate HIPAA. Therefore, in … release of such information is critical to the offender’s supervision or maintaining public safety. Although HIPAA may …
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
… to Rule 4.107(b), the receiving state may impose a supervision fee on an offender. Generally, such fees are … 2007) (Imposition of a $25.00 per month interstate Compact supervision fee without providing a hearing before assessing … It is important to note that once an offender transfers supervision to a receiving state, the authority of a sending …
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
… So.2d 341 342-44 (Fl. Dist. Ct. App. 2007). … conditions of supervision … eligibility … mandatory … supervisionsupervision in receiving state … terms of supervision … …
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…
… sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as … registration. An out-of-state offender seeking transfer of supervision was subject to the requirement of automatic … Law violated the Equal Protection Clause. … conditions of supervision … sex offender … supervisionsupervision in …
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…
… Carolina to notify the sending state of such condition of supervision ‘at the time of acceptance or during the term of supervision’ as required under this rule. See ICAOS Advisory … , 609 S.E.2d 253, 256 (2005). Offenders who transfer supervision under the Compact may be subject to graduated …
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
… Although a state may be required to accept supervision given the offender’s eligibility status, the … the condition or risks forfeiting the ability to transfer supervision. A receiving state can impose a condition after … but refusal deprives the offender of physical relocation of supervision. A sending state may also impose a condition on …
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… (Ohio Ct. App. 8th Dist., July 8, 2004). … conditions of supervision … offender … parole … probation … receiving state … supervisionsupervision in receiving state … terms of supervision … 2425 …
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of public safety and protect the rights of victims through the control and…
… in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the … of the Compact among the Compacting states. … compact … supervision … interstate compacts … 2019 … Bench Book - 2.5 …
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
… that the offender failed to comply with the conditions of supervision. See Rule 4.108(b) . The actual collection and … Failure to meet financial obligations is a breach of the supervision agreement and can result in the sending state … (N.D.N.Y. 1993) (decided on other grounds). … conditions of supervision … financial obligations … offender … restitution …
The ICAOS applies to all offenders meeting the eligibility requirements and who are subject to some form of community supervision or corrections. By design, the term “offender” provides greater scope and flexibility in the management of offender…
… requirements and who are subject to some form of community supervision or corrections. By design, the term “offender” … (2) was the end consequence of the court’s action community supervision. In this way, the ICAOS applies in a broad range … more in line with “go and commit no further offenses.” The supervision intended by the Commission is more formal, with …
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
… Transferring an offender’s supervision pursuant to the Compact does not deprive the … exercises jurisdiction over the offender for purposes of supervision, the sending state retains jurisdiction over the … state, nor can a receiving state decide not to provide supervision once the offender transfers in accordance with …
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
… the validity of a uniform statute for out-of-state parolee supervision (ICPP) finding that since the statute applied … … offender … parole … probation … retaking … revocation … supervisionsupervision in receiving state … terms of supervision … …
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
… As discussed, the transfer of supervision of an offender is mandatory in some … either at the time of acceptance or during the term of supervision must reasonably be related to the overall … distinction. … behavior requiring retaking … conditions of supervision … offender … receiving state … retaking … …
In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the…
… control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to … Compact for Probation and Parole or the Uniform Law on the Supervision of Probationers and Parolees (hereafter “ICPP”). … Compact and the Interstate Compact for Adult Offender Supervision. See Doe v. Pennsylvania Bd. of Prob. & Parole , …
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
… “probation” or “parole” status to qualify for transfer and supervision under the ICAOS. To initially qualify for transfer of supervision under the ICAOS, the offender must (1) be subject to some form of community supervision, including supervision by a court, paroling …
The Compact necessarily involves offenders moving across state lines. Therefore, considerations of different courts’ personal jurisdiction over the parties to a suit might come into play. Unfortunately, different courts have reached different results when…
… Section 1983 for allegedly keeping the probationer under supervision beyond her lawful supervision term. The mere existence a compact between the … Id. at *6. … immunity … judicial … liability … probation … supervision … liability immunity … 2019 … Bench Book - 5.3.8 …
An offender 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 offender’s violations of supervision and the right of the sending…
… conclusive as to the status of the offender’s violations of supervision and the right of the sending state to retake. In … state will revoke the offender’s probation or parole supervision, the offender is not entitled to a probable … As previously discussed, an offender has no right to supervision in another state and the sending state retains …
The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of…
… in the receiving state pending the reply for transfer of supervision. The rule only applies to offenders who are … … request for reporting instructions … revocation … supervision type … supervision … transfer … 2408 … 2411 … 2413 … transfer of …
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
… be impermissible for a receiving state to seek to terminate supervision or to demand that a sending state retake an … disabled. … offender … receiving state … sending state … supervision … 2405 … supervision receiving state … 2019 … Bench Book - 3.4.2.1 …
Other Considerations
… Other Considerations … supervision receiving state … transfer of supervision … 2019 … Bench Book - 3.5 Other Considerations …
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
… action even though it was not part of the original plan of supervision established by the sending state. Conditions may … imposed by the receiving state at the time of acceptance of supervision or during the term of supervision. See Rule 4.103 . For example, if the receiving …
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…
… confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer … of the treatment program is commonly a condition of the supervision program. Such treatment programs may include …
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…
… acts under the Uniform Act for Out-of-State Parolee Supervision were discretionary, and thus found them to be … to appear as required by ICAOS Rule 2.110 . … conditions of supervision … discretionary … discretionary transfer … …
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
… a family member who is in the military, that offender’s supervision is subject to transfer through the ICAOS if they: have three months or more supervision remaining; are in substantial compliance with the terms and conditions of their supervision; have a valid plan of supervision; can obtain …
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