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 61 - 90 of 289
Clarification on how the 90-days remaining on supervision is determined
Whether sex offenders can travel out of state once they are transferred to a receiving state
Transferring an individual’s supervision through the Compact does not deprive the sending state of jurisdiction over the individual unless the record indicates that the sending state intended to relinquish jurisdiction. See, e.g., Scott v. Virginia, 676 S…
The ICAOS applies to all individuals who meet the eligibility requirements and are subject to some form of community supervision or corrections. The term "supervised individual" is intentionally broad to accommodate changes in sentencing practices and…
The sending state shall give the same force and effect to conditions imposed by a receiving state as if those conditions had been imposed by the sending state. History: Adopted October 26, 2004, effective January 1, 2005; amended October 4, 2006,…
(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…
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
(a) Officers authorized by the law of a sending state may take custody of a supervised individual from a local, state or federal correctional facility at the expiration of the sentence or the individual's release from that facility provided that– No…
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
 Determining eligibility under the Compact involves a multi-faceted analysis, starting with the broad definition of a "supervised individual." According to Rule 1.101, a "supervised individual" is an adult who is placed under supervision due to a criminal…
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
 As discussed, the transfer of supervision for a supervised individual is mandatory in some circumstances. Receiving states are required to accept the transfer if the individual meets the eligibility criteria outlined in Rules 3.101 and 3.101-1. As…
Whether rule 2.105 applies to hunting violations involving the use of a firearm
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…
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
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…
According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal "probation" or "parole" to be eligible for transfer and supervision under the…
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…
A supervised individual who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition for accepting the transfer. Imposing such “pre-acceptance” requirements on…
Whether a sending state may request an investigation prior to the offender’s release from incarceration
Authority to issue travel permits
(a) Notification of travel permits - The receiving state shall notify the sending state prior to the issuance of a travel permit for a supervised individual traveling to the sending state.  (b) This rule does not apply to supervised individuals who are…
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…
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
 Some states may use a “sentencing” option referred to as deferred prosecution. Authorized by state statutes, this option allows the supervised individual to admit to or stipulate the facts of the criminal conduct but defers prosecution contingent upon…
Whether an undocumented immigrant is subject to the Compact
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
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…
Effect of New Jersey statute on acquitted persons by reason of insanity
Displaying 61 - 90 of 289