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.
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 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 … revocation … supervision … violation report … violations … waiver … 2448 … retaking … returning offenders … supervision …
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…
… 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 … 776 (E.D. Wis. 2002). … immunity … judicial … liability … waiver … liability immunity … 2019 … Bench Book - 5.3.1.3 …
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 … shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender … infra , at §4.4 concerning hearing requirements. The waiver of extradition outlined in Rule 3.109 applies to any …
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 Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
… to the state demanding the fugitive. To be valid, the waiver must be in writing, in the presence of a judge, and … the terms of the ICAOS that includes Rule 3.109 regarding waiver of extradition binds an offender. Therefore, an … supervision … supervision in receiving state … violations … waiver … waiver of extradition … warrant … 2421 … 2433 … …
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…
… supervision … supervision in receiving state … violations … waiver … waiver of extradition … warrant … 2397 … 2437 … 2438 … 2440 …
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…
… 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 … clause extends only as far as other more specific partial waivers in the Compact, not to any and all suits. 781 F.2d …
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 and employment; and failing to…
… 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 - …
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…
… those regarding admissions of material fact and waiver of rights, would be subject to the Compact. By …
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…
… an on-site probable cause hearing prior to retaking; waiver of hearing will not be inferred by offender’s failure …
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…