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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… 2376 … 2351 … waiver … 2397 … 2407 … 2421 … 2448 … definitions … 2004 … Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or …
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
… (a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond …
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…
… The offender may waive this hearing only if she or he admits to … the violations. Second, and more important, the offender’s waiver is, in effect, an admission that they have committed … of supervised release. The critical elements of such a waiver are: The offender is apprised of the right to a …
Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings … returning offenders … violations … 2019 … Bench Book - 4.2 Waiver of Formal Extradition Proceedings …
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
… court. See, e.g., Westinghouse Elec. Corp. v. W.V. Dep’t of Highways , 845 F.2d 468 (4th Cir. 1988). Finally, it can … at *1 (D. Kan. June 4, 2007). It is clear, though, that no waiver of immunity should be inferred from the mere fact of … , the court rejected the plaintiff’s argument that a waiver of sovereign immunity could be inferred for any state …
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…
… Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate …
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
… Whether an offender whose supervision was never transferred under the … absconded return the offender under the Compact or is the Extradition Clause of the U.S. Constitution the only means … Appx. 780, 2007 WL 2340795 (10th Cir. 2007) (‘plaintiff’s waiver of extradition renders any formal request or …
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Criminal Extradition and Rendition Act (UCERA). Under that act, a fugitive may waive…
… An offender who absconds from a receiving state is a fugitive … a demanding state can be affected by the Uniform Criminal Extradition and Rendition Act (UCERA). Under that act, a … to the state demanding the fugitive. To be valid, the waiver must be in writing, in the presence of a judge, and …
Opinion as to Washington’s “deferred prosecution” statute (described in Chapter 10.05.020 et. seq. RCW) are subject to the Interstate Compact for Adult Offender Supervision (“Compact”) and are, therefore, eligible for transfer of supervision under Rule 2.…
… seq. RCW) are subject to the Interstate Compact for Adult Offender Supervision (“Compact”) and are, therefore, … in the petition. As the result of the prior stipulation and waivers, Washington indicates that the proceeding is … him or her in the police report and is required to execute waivers of the right to a jury trial, the right to testify …
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…
… As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a … the offender. As the Compact and Rule 3.109 waive formal extradition proceedings, officers need only establish their … supervision … supervision in receiving state … violations … waiverwaiver of extradition … warrant … 2397 … 2437 … …
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
… Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. … in Articles III and IV of the ICAOS may constitute a state waiver of immunity from suits against the Interstate … in state courts, but it does not necessarily constitute a waiver of Eleventh Amendment immunity against suits in …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence or employment and avoiding…
… supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means … of a crime; or any sex offense requiring registration; Waiver means the voluntary relinquishment, in writing, of a … … rules … supervision … violations … violent crime … waiver … warrant … 2397 … definitions … 2019 … Bench Book - …
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… (a) No state shall permit an offender who is eligible for transfer under this compact to … state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor the ICAOS …
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
… are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer prosecution conditioned … those regarding admissions of material fact and waiver of rights, would be subject to the Compact. By …
(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…
… (a) An offender subject to retaking that may result in a revocation … cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No waiver of a probable cause hearing shall be accepted unless …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. Adult – means both individuals legally classified as…
… construction- Abscond – means to be absent from the offender’s approved place of residence or employment and … that was imposed on an offender by the sending state. Extradition – means the return of a fugitive to a state in … state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor …
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…
… requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the … The report must contain (1) the time, date and location of the hearing, (2) the parties present at the hearing, and … an on-site probable cause hearing prior to retaking; waiver of hearing will not be inferred by offender’s failure …
… 2378 … 2351 … 2348 … extradition … 2397 … 2421 … 2450 … definitions … 2004 … Extradition – means the return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a …
… returning offenders … violations … 2019 … Chapter 4 - Returning Offenders to the Sending State …
… definitions … 2014 … Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. … …
… Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the …
… 5 - Liability and Immunity Considerations for Judicial Officers and Employees …
… … warrants … 2014 … Warrant – means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the …
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.
… compacts … liability immunity … training … transfer of supervision … 2012 … On-Demand - ICAOS 401 …
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
… The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another … applying for interstate transfer must agree to waive extradition from any state to which the offender may abscond …
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.
… & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida … the governor of the asylum state has acted on a request for extradition based on a demanding state’s judicial …
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