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, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Bench Book - 3.6.3 Limitations on Conditions
Notwithstanding the authority of the sending and receiving state to impose conditions on a supervised individual, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with…
Bench Book - 3.7 Sex Offender Registration
Courts have generally upheld sex offender registration requirements for sex offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
Bench Book - 3.8 Financial Obligations
Financial Obligations
Bench Book - 3.8.1 Restitution
As the ICAOS governs the movement of supervised individuals and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and…
Bench Book - 3.8.2 Fees
Rule 4.107 permits the collection of fees from individuals subject to the Compact. Specifically, Rule 4.107(a), allows the sending state to impose a transfer application fee, while Rule 4.107(b) authorizes the receiving state to impose a supervision fee.…
Bench Book - 3.9 Implications, Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto are intended to protect certain healthcare information from disclosure to authorized persons or entities. Generally, prior to disclosure of…
Chapter 4 - Returning Supervised Individuals to the Sending State
Bench Book - 4.1 Status of Supervised Individuals Subject to ICAOS
A key objective of the ICAOS is to facilitate the effective transfer of supervised individuals between states and to manage their return to the sending state through mechanisms other than formal extradition. Consequently, a supervised individual's status…
Bench Book - 4.2 Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
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…
Bench Book - 4.2.2 Uniform Extradition Act Considerations
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…
Bench Book - 4.3 Retaking
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…
Bench Book - 4.3.1 Violation Reports Requiring Retaking
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that a supervised individual has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101…
Bench Book - 4.3.2 Supervised Individuals Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake a supervised individual 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…
Bench Book - 4.4 Arrest and Detention of Supervised Individuals in the Receiving State
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…
Advisory Opinion 8-2005
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
Advisory Opinion HIPAA-2005
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Advisory Opinion 4-2005
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Advisory Opinion 9-2004
Individuals and sex offenders subject to lifetime supervision (CSL)
Advisory Opinion 7-2004
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 4-2004
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
Advisory Opinion 2-2015
Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact
Advisory Opinion 3-2015
Whether offenders sentenced to home detention programs are eligible for transfer under the Compact
Advisory Opinion 1-2014
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
Advisory Opinion 5-2012
Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause
Advisory Opinion 4-2012
Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence
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