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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(a) If there is reasonable suspicion that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to: Documenting communication attempts directly to the offender, including…
… offender is not located, the receiving state shall submit a violation report pursuant to  Rule 4.109(b)(8) . History:  Adopted … 9, 2019, effective April 1, 2020. … absconder … offender … violation reportviolations … 2431 … violations … 2011 … …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… A receiving state is obligated to report to sending state authorities within 30 calendar days … … substantial compliance … supervision in receiving state … violation reportviolations … 2397 … 2431 … retaking … returning offenders … …
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
… and has the opportunity to impose its sanction for the violation for a new crime conviction occurring in another … process for a sending state to timely dispose of a violation for a new crime conviction occurring outside the … satisfy or partially satisfy the sentence imposed for the violation. This requires the approval of the sentencing …
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
… days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and …
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
… Instead, it means that their complaints must be framed as violations of a right enumerated in the Constitution. Numerous reported cases give examples of the type of constitutional violations that offenders allege in relation to their …
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
… This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving … is approximately 20 minutes. … This module illustrates the violation reporting process for offenders supervised in a …
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
… officer in or reasonably near the place where the alleged violation occurred. (Emphasis added) Second, an offender … (1) to test the sufficiency and evidence of the alleged violations, and (2) to make a record for the sending state … proximity to the location of the offender’s alleged violations of supervision. Presumably, hearings on …
Notwithstanding any other rule, a sentence imposing a period of incarceration on an offender convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by the sending…
… satisfy the sentence imposed by the sending state for the violation committed. This requires the approval of the … conduct, at its own expense, an electronic or in-person violation hearing. (b) The sending state shall send the violation hearing results to the receiving state within 10 …
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…
… and returning the offender to the sending state is a violation of ICAOS rules and as a reminder of the legal … on an offending state under the terms of the compact for violation of any of the ICAOS rules, including those … In one such case a receiving state submitted a violation report and case closure for an offender under ICAOS …
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
… the rules and the authority of the rules have led to violations of the compact. Examples of noncompliance with … … due process … immunity … liability … mandatory … rules … violations … 2454 … compliance … liability immunity … 2011 … … - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules …
(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) A request for reporting instructions for an offender who was living in the … at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the … days of the initial sentencing date, disposition of violation, revocation proceeding or release from …
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…
… to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is … the time of initial sentencing, or after disposition of a violation or revocation proceeding, to receive reporting … at the time of initial sentencing or after disposition of a violation or revocation proceeding . Therefore, the rule …
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
… officer in or reasonably near the place where the alleged violation occurred. (b) No waiver of a probable cause … accompanied by an admission by the offender to 1 or more violations of the conditions of supervision. (c) A copy of a … shall prepare and submit to the sending state a written report within 10 business days of the hearing that …
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the offender has been…
… 28, 2013 , effective March 1, 2014.   … 2348 … 2383 … violations … violent crime … violations … 2014 … Rule 5.101-1 - Pending felony or violent …
Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a firearm and whether offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact.
… Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a … offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact. … … issue: Whether ICAOS Rule 2.105 applies to hunting violations which involve the use of a firearm as it relates …
Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the receiving state and arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the sending…
… was supervising a Florida offender who was the subject of a Violation Report concerning a new criminal charge in Vermont. Florida responded to the violation report with an arrest warrant. However, by the …
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
… to return. The receiving state shall request return reporting instructions under Rule 4.111.  If the offender … 1, 2020 … 2367 … 2383 … offender … retaking … revocation … violations … 2438 … 2440 … 2441 … 2442 … retaking … returning offenders … violations … 2014 … Rule 5.101 - Discretionary retaking by …
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
… offender sent to Florida under the ICAOS on probation violations. … Issued by: Don Blackburn, Executive Director … offender sent to Florida under the ICAOS on probation violations. Relying in part on a 1947 Florida Attorney … of the person to be retaken. Allegations of due process violations in the actual revocation of probation or parole …
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…
… state is required to give the same force and effect to the violation of a condition imposed by the receiving state as … had been imposed by the sending state. Furthermore, the violation of a condition imposed by the receiving state can … the sending state would be required to give effect to that violation even if the condition was not part of the original …
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
… immunity analysis thus asks two questions: (1) was there a violation of a right?; and, (2) was the right at issue … have been clearly established at the time of the alleged violation. Resolution of the right through other case law decided after the alleged violation will not render the right clearly established. For …
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
… state within 15 business days of the receipt of the violation report. (b) If the offender is ordered to return in lieu of … 4.111  within 7 business days following the receipt of the violation report response. (c) The receiving state retains …
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
… When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the … ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking. This module discusses … cause hearing … retaking … training modules … violation reportviolations … 2448 … retaking … training … …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
… an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking. New convictions not …
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender 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 physical…
… … offender … retaking … supervision in receiving state … violation reportviolations … violent crime … 2397 … 2440 … retaking … …
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date…
… 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to … any findings that the offender did not commit the alleged violations of supervision. It is important that Rule 5.108 … exists, believing that the offender committed the alleged violations of the conditions of their supervision. However, …
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… sending state. So long as the receiving state documents the violation(s) showing the behavior could not be successfully … state may be required to retake an offender even if the violation(s) would not have been given the same weight by … for a probable cause hearing, may also apply if the violations are to form the basis for revocation proceedings …
Post-Transfer Hearing Requirements
… … probable cause … probation … retaking … revocation … violations … retaking … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.7 Post-Transfer Hearing …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
… … 2383 … arrest … detain … offender … retake … retaking … violations … warrant … retaking … 2004 … Rule 5.107 - …
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
… claim that he or she has not committed the alleged violation or, if the violation is a matter of public record or uncontested, there … where the sending state intends to use the offender’s violations as a basis for revoking conditional release. In …
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