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…
… April 1, 2020. … absconder … offender … violation report … violations … 2431 … violations … 2011 … Rule 4.109-2 - Absconding Violation …
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…
… … supervision in receiving state … violation report … violations … 2397 … 2431 … retaking … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.3.1 Violation Reports …
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…
… … detain … detainer … discretionary … offender … retaking … violations … 2437 … 2439 … 2440 … 2441 … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.5 Discretionary …
(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…
… … supervision in receiving state … violation report … violations … retaking … supervision receiving state … violations … 2017 … Rule 4.109 - Violation report(s) …
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. … reported cases give examples of the type of constitutional violations that offenders allege in relation to their … without a reasonable suspicion of a violation. The alleged violations (a failure to pay fines and costs, absconding) …
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.
… … ICAOS/ICOTS 304-Reporting Violations Requiring Retaking … compact activity … compact … … retake … retaking … training modules … violation report … violations … 2431 … icots … supervision receiving state … training … violations … 2013 … On-Demand - ICAOS/ICOTS 304 Reporting …
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…
… (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 violations that occurred in a receiving state that was …
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…
… , effective March 1, 2016. … discretionary … offender … violations … 2436 … 2440 … 2441 … violations … 2016 … Rule 5.101-2 - Discretionary process for …
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…
… … supervision in receiving state … terms of supervision … violations … warrant … 2442 … 2454 … compliance … retaking … returning offenders … violations … 2013 … White Paper - Discharge of Sentences in …
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 … …
(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…
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…
(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…
… accompanied by an admission by the offender to 1 or more violations of the conditions of supervision. (c) A copy of a … to believe that the offender has committed the alleged violations of conditions of supervision, the receiving state … hearing take place for an offender subject to retaking for violations of conditions that may result in revocation as …
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…
… simply informing a sending state of pending charges or new violations, a progress report should be initiated as a … to the retaking or return.” … new charges … retaking … violations … 1-2014 … 2538 … 2431 … 2432 … 2437 … 2438 … 2451 … retaking … violations … 2014 … Advisory Opinion 1-2014 … Vermont …
(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…
… 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…
… … sending state … supervision in receiving state … violations … 2424 … supervision receiving state … violations … 2019 … Bench Book - 4.9 Revocation or Punitive …
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…
(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…
… by a receiving state who are subject to retaking based on violations of supervision, See Rule 4.109-1 ] History: … … 2358 … offender … retake … retaking … sending state … violations … 2432 … 2435 … retaking … returning offenders … violations … 2017 … Rule 5.103 - Offender behavior requiring …
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 … possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the …
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.…
… training … retaking … training modules … violation report … violations … violent crime … warrant … 2538 … 2440 … retaking … supervision receiving state … training … violations … 2017 … On-Demand - ICAOS 202 Mandatory Retaking …
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…
… … supervision in receiving state … violation report … violations … violent crime … 2397 … 2440 … retaking … returning offenders … violations … 2019 … Bench Book - 4.3.2 Offenders Convicted …
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…
… 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, … state.” See Rule 1.101 . If a hearing occurs based on violations of a condition imposed by the receiving or …
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…
… for a probable cause hearing, may also apply if the violations are to form the basis for revocation proceedings … revocation … supervision … supervision in receiving state … violations … waiver … waiver of extradition … warrant … 2397 … … 2447 … 2448 … 2449 … retaking … returning offenders … violations … 2019 … Bench Book - 4.3 Retaking …
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…
… where the sending state intends to use the offender’s violations as a basis for revoking conditional release. In … in the receiving state are not only evaluating any alleged violations but are also creating a record for possible use … does not intend to revoke conditional release based on violations that occurred in the receiving state. In this …
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