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 151 - 180 of 236
A receiving state is obligated to continue supervising individuals “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while under supervision in the receiving state.” See Rule 2.108. Therefore, it would be…
At the request of a receiving state, Rule 5.102 requires the sending state to retake a supervised individual convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of…
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…
Abscond – means to be absent from the supervised individual’s approved place of residence and employment; and failing to comply with reporting requirements;
Extradition – means the return of a fugitive to a state in which the supervised individual is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape…
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…
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…
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…
Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for…
A supervised individual not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole…
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…
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,…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
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…
Upon receiving a violation report for an absconding supervised individual, the sending state must issue a national arrest warrant once notified of the individual's absconding status. If the absconding individual is apprehended in the receiving state, the…
Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual is required to report to…
(a) States shall use the forms or electronic information system authorized by the commission. (b) Section (a) shall not be construed to prohibit written, electronic or oral communication between compact offices. History: Adopted November 3, 2003,…
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that a supervised individual has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101…
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…
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
Rules – means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to…
The supervised individual may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). Waiving the probable cause…
 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…
Courts have generally upheld sex offender registration requirements for sex 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…
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…
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…
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…
Rules governing retaking a supervised individual under the compact of the Interstate Commission for Adult Offender Supervision
 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…
Displaying 151 - 180 of 236