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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State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
(a) No state shall permit a supervised individual who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) A supervised individual who is not eligible for transfer under this…
*/ As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the supervised individual's approved place of residence and employment; and failing to comply with reporting requirements. '…
The courts have defined the relationship between the sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state supervised individuals the receiving state acts on behalf of and as an agent of…
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 supervised…
At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the supervised individual: (a) has more than 90…
I. Authority The Executive Committee is vested with the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by the…
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…
A supervised individual subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state from admitting a supervised individual to bail pending completion of the retaking process,…
(a) A request for reporting instructions for a supervised individual 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…
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning supervised individuals who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states…
While the Compact does not create a private right of action, this does not leave supervised individuals without recourse under Section 1983. Instead, their claims must be framed as violations of constitutionally protected rights. There are numerous…
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,…
Whether officers can arrest and detain compact offenders for probation violations
At the request of the Interstate Compact for Adult Offender Supervision’s (“ICAOS”) Executive Committee, and following a roundtable discussion with various ICAOS stakeholders, the following legal analysis has been prepared to serve as a resource…
Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Whether a sending state can close interest in a case if the offender's status no longer qualifies under the definition of supervision
Authority to issue travel permits
Privacy Policy Interstate Compact Offender Tracking System Version 5.0   Approved 04/23/2009 Revised on 3/20/2024   1.0 Statement of Purpose The goal of establishing and maintaining the ICOTS is to further the following purposes of the Commission:…
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
A sending state shall be responsible for the cost of retaking the supervised individual. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1, 2024
A receiving state shall be responsible for the cost of detaining the supervised individual in the receiving state pending retaking by the sending state. History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective…
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport supervised individuals through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004,…
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