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.

Displaying 91 - 120 of 534
Bench Book - 3.2.1.6.1 Deferred Sentencing
 In addition to traditional cases where an individual is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
Bench Book - 3.2.1.6.2 Deferred Prosecution
 Some states may use a “sentencing” option referred to as deferred prosecution. Authorized by state statutes, this option allows the supervised individual to admit to or stipulate the facts of the criminal conduct but defers prosecution contingent upon…
Bench Book - 3.2.1.6.3 What Constitutes Second and Subsequent Conviction of Driving While Impaired?
Special attention should be given to individuals convicted of a second or subsequent offense for driving while impaired (DUI and DWI offenses). Because state laws vary significantly in defining what constitutes a second or subsequent conviction, the…
Bench Book - 3.2.2 Special Considerations
Special Considerations
Bench Book - 3.2.2.1 Out-of-state Treatment
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community-based or in-house treatment program in…
Bench Book - 3.3 Initiating the Transfer Process
Initiating the Transfer Process
Bench Book - 3.3.1 Time of Transfer
The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court…
Bench Book - 3.3.1.1 Expedited Transfers
 The Commission’s rules provide an “expedited” option, allowing a supervised individual to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, both the sending and receiving states must agree that an…
Bench Book - 3.3.1.2 Reporting Instructions for Probationers Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding
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…
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
Effect of Washington’s “deferred prosecution” statute for compact eligibility
Bench Book - 2.4 Historical Development of the ICAOS
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…
Bench Book - 2.5 Purpose of the ICAOS
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…
Bench Book - 2.6 Effect of the ICAOS on the States
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…
Bench Book - 2.7 Adoption and Withdrawal
Like other interstate Compacts, the ICAOS inaugurated when state legislatures enacted statutes that adopted the provisions of the agreement. For the ICAOS, the Compact required adoption by thirty-five states to become active. Unlike some Compacts that are…
Bench Book - 3.3.3 Post-Acceptance Testing
While receiving states cannot impose pre-acceptance requirements on supervised individuals that would violate their obligations under the Compact, the Compact and its rules do not prohibit receiving states from imposing post-acceptance testing…
Bench Book - 3.3.4 Transfer of Supervision of Sex Offenders
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote…
Bench Book - 3.4 Supervision in the Receiving State
Supervision in the Receiving State
Bench Book - 3.3.2 Pre-Acceptance Testing
A supervised individual who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition for accepting the transfer. Imposing such “pre-acceptance” requirements on…
Advisory Opinion 4-2005
Supervised individuals not eligible to transfer supervision under Compact Rules 2.105 & 3.101
Advisory Opinion 9-2004
Eligibility for Transfer & Retaking for Supervised Individuals Sentenced under New Jersey’s Violent Predator Incapacitation Act
Advisory Opinion 7-2004
Rejection of transfers based on outstanding warrants
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 1-2019
Managing previously reported absconders apprehended in the receiving state
2004 Advisory Opinions
ICAOS Advisory Opinions published in 2004
2005 Advisory Opinions
ICAOS Advisory Opinions published in 2005
2006 Advisory Opinions
ICAOS Advisory Opinions published in 2006
2007 Advisory Opinions
ICAOS Advisory Opinions published in 2007
2008 Advisory Opinions
ICAOS Advisory Opinions published in 2008
2009 Advisory Opinions
ICAOS Advisory Opinions published in 2009
Displaying 91 - 120 of 534