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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Application Fee – means a reasonable sum of money charged to a supervised individual by the sending state for each application for transfer prepared by the sending state.
I. Authorization Article I of the ICAOS BYLAWS provides that, the Commission “is established to fulfill the objectives of the Compact” through “the promulgation of binding rules and operating procedures” governing “oversight and coordination of offender…
(a) Acceptance, rejection or termination of supervision of a supervised individual under this compact shall be made only with the involvement and concurrence of a state’s compact administrator or the compact administrator’s designated deputies. (b) All…
(a) If there is reasonable suspicion that a supervised individual has absconded, the receiving state shall attempt to locate the individual. Such activities shall include, but are not limited to: Documenting communication attempts directly to the…
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
Interstate Compacts are binding on signatory states, meaning once a state legislature adopts a Compact, it binds all agencies, state officials and citizens to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has…
The following definitions should be of particular interest to judicial authorities: Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Compact Administrator – means the…
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Arrival – means to report to the location and officials designated in reporting instructions given to a supervised individual at the time of the supervised individual’s departure from a sending state under an interstate compact transfer of supervision.
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
Published December 19, 2018 At the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following legal analysis has been prepared in order to serve as a resource documenting the legal implications of the…
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning supervised individuals who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states…
The Interstate Commission for Adult Offender Supervision (ICAOS) promulgates rules under Articles V and VIII of the Compact to improve outcomes and promote collaboration among member states. ICAOS aims to establish a uniform system that applies to all…
Whether offenders sentenced to home detention programs are eligible for transfer under the Compact
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
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…
(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…
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Whether sex offenders can travel out of state once they are transferred to a receiving state
The following key terms and their definitions supplement terms defined by the Compact rules. They should be of special interests to judicial authorities: Abscond means to be absent from the supervised individual’s approved place of residence and…
For additional information on interstate Compact law and interstate Compacts generally, see Michael L. Buenger, Jeffrey B. Litwak, Michael H. McCabe & Richard L. Masters,, The Evolving Law and Use of Interstate Compacts 2d ed. (ABA Publ’g 2016) and…
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Rule 5.108(d) defines the supervised individual’s basic rights for a probable cause hearing. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process procedures in a…
Individuals and sex offenders subject to lifetime supervision (CSL)
At the request of the Interstate Compact for Adult Offender Supervision’s (“ICAOS”) Executive Committee, and following a roundtable discussion with various ICAOS stakeholders, the following legal analysis has been prepared to serve as a resource…
Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation
Compact Administrator – means the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of supervised individuals subject to the terms of…
Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice…
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