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.
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state.
(b) A receiving state shall notify a…
The sending state shall give the same force and effect to conditions imposed by a receiving state as if those conditions had been imposed by the sending state.
History: Adopted October 26, 2004, effective January 1, 2005; amended October 4, 2006,…
A receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending state…
(a) Departure notifications—At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the offender departs shall notify the intended receiving state, and, if…
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender.
(b) Supervision fee—
A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.
(b) Upon notice by the sending state that the offender is not complying…
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report.
(b) A violation report shall contain–
offender’s name and…
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state.
History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.
(a) If there is reasonable suspicion that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to:
Documenting communication attempts directly to the offender, including…
(a) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial…
(a) For an offender returning to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving state. The…
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
For additional information on interstate Compact law and interstate Compacts generally, see MICHAEL L. BUENGER, JEFFREY B. LITWAK, MICHAEL H. MCCABE & RICHARD L. MASTERS,, THE EVOLVING LAW AND USE OF INTERSTATE COMPACTS 2d ed. (ABA Publ’g 2016) and…
In 1934, Congress authorized the creation of interstate Compacts on crime control, which led to the 1937 Interstate Compact for the Supervision of Parolees and Probationers. Also referred to as the Interstate Compact for Probation and Parole or the…
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were:
Lack of state compliance with the terms and conditions of the ICPP;
Enforceability of its rules given there was no enforcement mechanism…
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided:
[T]he framework for the promotion of public safety and protect the rights of victims through the control and…
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
Like any other interstate Compact, the ICAOS inaugurated when state legislatures passed similar statutes enacting the provisions of the agreement. In the case of the ICAOS, the threshold requirement for activation of the Compact was adoption of the…
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
The following are key features of the ICAOS:
The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
The following definitions should be of particular interest to judicial authorities:
Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
Compact Administrator – means the…
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission:
Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state;
Oversees, supervises, and…
Of the powers of the Commission, none is more unique and all encompassing than its rulemaking authority. The rules promulgated by the Commission have the force and effect of statutory law within member states and therefore must be given full effect by all…
One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the Compact. The tools provided to the Commission are not directed at compelling offender compliance; such compliance is a matter for the member states…
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for noncompliance rests with the Commission as a whole or its executive committee acting…
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…