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 papers, advisory opinions, training modules, rules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.
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 …
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) …
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 …
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…
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…
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 …
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 …
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…
… the circumstances of the defendant’s admissions to violations, specifically to whom and when they were made, … … supervision in receiving state … terms of supervision … violations … returning offenders … violations … 2019 … Bench Book - 4.1 Status of Offenders …
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…
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 … retaking; The offender admits in writing to one or more violations of their supervision; and, The offender is …
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 … as a parole officer other than the one who has made the violations report). However, the requirement of neutrality …
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 … cause to believe the offender has committed the alleged violations, the receiving state must continue supervision. … in circumstances where the sending state intends to use violations in another state as a predicate for revocation of …
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…
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…
… 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…
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…
… cause hearing … retaking … supervision in receiving state … violations … warrant … 2442 … 2448 … retaking … returning offenders … violations … warrants … 2019 … Bench Book - 4.6 Arrest of …
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…
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…
… … 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 …