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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
… prescribed by the interstate Compact did not constitute a violation of Fourteenth Amendment equal protection. See … v Mikula ,192 N.E. 546 (Ill. 1934), the court held that no violation of the constitution occurred where an out-of-state … concurrently, the court held that, in the event of a parole violation, the time from the date of the parolee’s …
Waiver of Formal Extradition Proceedings
… of Formal Extradition Proceedings … returning offenders … violations … 2019 … Bench Book - 4.2 Waiver of Formal …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… revocation … supervision … supervision in receiving state … violations … waiver … waiver of extradition … 2421 … 2448 … returning offenders … violations … 2019 … Bench Book - 4.2.1 Waiver of Extradition …
… returning offenders … violations … 2019 … Chapter 4 - Returning Offenders to the …
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
… will be liable under Section 1983 only when the alleged violation was the product of an official policy or custom. … that an injury or death caused by an offender amounts to a violation of the constitutional rights of the victim or the …
The offender 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). The effect of waiving the probable cause…
… waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b) , also … the receiving state is required to present evidence of the violations. Second, and more important, the offender’s … hearing … retaking … revocation … supervision … violation reportviolations … waiver … 2448 … retaking … returning …
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
… at a minimum, to (1) written notice of the alleged violations of the terms and conditions of supervision, (2) … Morrissey (offender entitled to (a) written notice of the violations; (b) disclosure of evidence against probationer … officer other than the one who has made the violations report). However, the requirement of neutrality is not …
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
… cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in … 15 business days of receipt of the probable cause hearing report, the sending state must notify the receiving state of … or for providing notice and, therefore, no due process violation per se. See People ex rel. Jamel Bell v. Santor , …
An offender 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 offender’s violations of supervision and the right of the sending…
… being conclusive as to the status of the offender’s violations of supervision and the right of the sending state … state to revoke an offender’s conditional release based on violations in the receiving state, the offender should be … 5.108 . Failure to do so may bar consideration of those violations in subsequent revocation proceedings in the …
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
… detaining him for more than five months after a preliminary violation hearing without notifying Missouri officials that … requires a receiving state to notify a sending state of any violation within 30 calendar days of discovery of the … fulfilled that duty, initially sending their violation report to Missouri in a timely fashion. Because no other …
Offenders, including those subject to supervision under the ICAOS, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
… hearing); Carchman v. Nash , 473 U.S. 716 (1985) (probation-violation charge results in a probationrevocation hearing to … cause hearing … probation … retaking … revocation … violations … retaking … returning offenders … violations … 2019 … Bench Book - 4.7.1 General Considerations …
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
… … offender … receiving state … retaking … revocation … violations … 2451 … retaking … returning offenders … violations … 2019 … Bench Book - 4.8 Bail Pending Return …
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…
… not immune. Prosecutorial immunity extends to probation violation proceedings, Hamilton v. Daley , 777 F.2d 1207 …
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
… Upon receipt of a violation report for an absconding offender, a sending state must … cause hearing … retaking … supervision in receiving state … violations … warrant … 2442 … 2448 … retaking … returning …
Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
… For example, a hearing officer holding ICAOS preliminary violation hearings was deemed to have absolute judicial … activities related to the preparation of a pre-sentencing report, Burkes v. Callion , 433 F.2d 318 (9th Cir. 1970), or …
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than ten (10) business days. Warrant requirements apply to offenders who fail to return to the…
… rights to compel a state authority to issue a parole violation warrant, file or hear a petition to revoke, or … … offender … receiving state … retaking … sending state … violations … warrant … 2435 … 2437 … 2441 … 2451 … retaking … returning offenders … violations … warrants … 2019 … Bench Book - 4.6.1 Arrest of …
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…
… … retaking … revocation … supervision in receiving state … violations … 2448 … retaking … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.7.3 Specific …
One of the primary vehicles through which officials might be sued for their work related to the Compact is 42 U.S.C. § 1983 (Section 1983), a federal statute that creates a cause of action for violations of a person’s civil rights. The statute gives a…
… 1983), a federal statute that creates a cause of action for violations of a person’s civil rights. The statute gives a …
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