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 opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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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 state, or United States, issued pursuant to statute and/or rule and which commands law…
(a) Officers authorized under the law of a sending state may enter a state where the supervised individual is found and apprehend and retake the individual, subject to this compact, its rules, and due process requirements. (b) The sending state shall be…
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
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 fifteen (15) business days. Warrant requirements apply to supervised individuals who fail to…
A sending state shall retake a supervised individual within 30 calendar days after the individual has been taken into custody on the sending state’s warrant and is held solely on the sending state’s warrant. History: Adopted November 4, 2003, effective…
(a) Within 15 business days of receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension, file a detainer with the holding facility where the supervised individual is in custody. (b) If a …
(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 a supervised individual.  The sending state must notify the receiving state within 15 business days of their issuance of the…
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
(a) Upon a request by the receiving state and documentation that the supervised individual’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of the individual from the receiving state or a subsequent…
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…
Upon receiving a violation report for an absconding supervised individual, the sending state must issue a national arrest warrant once notified of the individual's absconding status. If the absconding individual is apprehended in the receiving state, the…
A supervised individual 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…
Is there a standard waiver for a probable cause hearing? No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission…
The following key terms and their definitions supplement terms defined by the Compact rules. They should be of special interests to judicial authorities: Abscond means to be absent from the supervised individual’s approved place of residence and…
This on-demand training module includes: Violation Reports for Mandatory Retaking Types of Violations Requiring Retaking Documentation Expectations Managing the Retaking Process
Rule 5.108 allows a supervised individual to waive a probable cause hearing. However, no waiver can be accepted unless the supervised individual admits to one or more violations of their supervision that would result in the pursuance of revocation in the…
Transfers are classified into two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to transfer a supervised individual to another state lies solely with the sending state. See Rule 3.101. The supervised individual does…
Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant
The supervised individual 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). Waiving the probable cause…
As previously noted, Article I of ICAOS authorizes officers from a sending state to enter a receiving state, or any state where a supervised individual has absconded, for the purpose of retaking. Except for limited exceptions, the decision to retake lies…
This on-demand training module includes: Probable Cause Hearing Overview & Purpose When a Probable Cause Hearing is Required Probable Cause Hearing Requirements Waiver of Probable Cause
(a) A supervised individual 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…
(a) Upon a request from the receiving state, a sending state shall retake a supervised individual from the receiving state or a subsequent receiving state after the individual’s conviction for a new felony offense or new violent crime and: completion of a…
(a) For a supervised individual returning to the sending state, the receiving state shall request reporting instructions, unless the individual is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving…
If the hearing officer determines that probable cause exists and the supervised individual has committed the alleged violations, the receiving state may detain the individual in custody pending the outcome of decisions in the sending state. Within 15…
The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing…
In Morrissey and Gagnon, the US Supreme Court established a two-step process for revocation proceedings.  Step 1: A preliminary hearing to determine the appropriateness of the individual's detention due to suspected violations of conditions of supervision…
A supervised individual not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole…
Section 1. Purpose. Pursuant to the terms of the Interstate Compact for Adult Offender Supervision, (the “Compact”), the Interstate Commission for Adult Offender Supervision (the “Commission”) is established to fulfill the objectives of the Compact,…
How states should manage absconders apprehended in the receiving state
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