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.

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(a) When an offender 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 offender of their right to be…
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…
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
(a) If a receiving state accepts transfer of the offender, 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 to the…
This on-demand training module discusses supervision responsibilities once an offender's supervision is transferred to a receiving state. The module is approximately 25 minutes
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
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…
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…
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
A person who is released from incarceration under furlough, work-release, or other preparole program is not eligible for transfer under the compact. History: Adopted November 3, 2003, effective August 1, 2004.
(a) Departure notifications—At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the offender departs shall notify the intended receiving state, and, if…
(a) As required by the compact, and as specified by the operational procedures and forms approved by the commission, the states shall gather, maintain and report data regarding the transfer and supervision of offenders supervised under this compact. (b)…
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
This guide supports extradition professionals managing the return of supervised individuals who transfer to another state through the Interstate Compact. Topics addressed within the new guide include: Who is subject to the Compact; Differences between…
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…
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…
(a) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of…
A receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending state…
(a) A sending state may request that a receiving state agree to expedited reporting instructions for an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination. If the receiving…
Subsequent Receiving State – means a state to which an offender is transferred that is not the sending state or the original receiving state.
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.…
    The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
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…
Imposing fees on offenders transferring through the Compact
An offender 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 Bd., 845 A.…
Section 1. Purpose. Pursuant to the terms of the Interstate Compact for Adult Offender Supervision, (the “Compact”), the Interstate Commission for Adult Offender Supervision (the “Commission”) is established to fulfill the objectives of the Compact,…
Like judges, prosecutors have absolute immunity from lawsuits seeking money damages. Imbler v. Pachtman, 424 U.S. 409 (1986). That immunity allows prosecutors to exercise the independence of judgment essential to their work—and to avoid the deluge of…
I. Authority The Executive Committee is vested with the power to act 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 the…
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