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Chapter 1: Definitions - Rule 1.101

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.

'Abscond' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

'Adult' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Application Fee – means a reasonable sum of money charged to a supervised individual by the sending state for each application for transfer prepared by the sending state

'Application fee' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Arrival – means to report to the location and officials designated in reporting instructions given to a supervised individual at the time of the supervised individual's departure from a sending state under an interstate compact transfer of supervision.

'Arrival' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state.

'Behavior Requiring Retaking' adopted September 14, 2016, effective June 1, 2017

By-Laws – means those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.

'By-laws' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Compact – means the Interstate Compact for Adult Offender Supervision.

'Compact' adopted September 13, 2005, effective January 1, 2006

Compact Administrator – means the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of supervised individuals subject to the terms of this compact, the rules adopted by the Interstate Commission for Adult Offender Supervision, and policies adopted by the State Council under this compact.

'Compact Administrator' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

"Compact Commissioner" or “Commissioner” – means the voting representative of each compacting state appointed under the terms of the Interstate Compact for Adult Offender Supervision as adopted in the member state.

'"Compact Commissioner" or "Commissioner"' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Compliance – means that a supervised individual is abiding by all terms and conditions of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state.

'Compliance' adopted November 3, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended September 11, 2024, effective November 1, 2024.

Deferred Sentence – means a sentence the imposition of which is postponed pending the successful completion by the supervised individual of the terms and conditions of supervision ordered by the court.

'Deferred sentence' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Detainer – means an order to hold a supervised individual in custody.

'Detainer' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Discharge – means the final completion of the sentence that was imposed on a supervised individual by the sending state.

'Discharge' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Extradition – means the return of a fugitive to a state in which the supervised individual is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution.

'Extradition' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

References:
ICAOS Advisory Opinion

3-2012 [When an offender’s supervision was never transferred to a receiving state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor the ICAOS rules apply to this offender who, as a ‘fugitive from justice’ having absconded from probation in California, must be apprehended and returned under the extradition clause of the U.S. Constitution.]

Reference:
ICAOS Advisory Opinion

9-2004 [CSL offenders seeking transfer of supervision are subject to ICAOS-New Jersey]

Plan of Supervision – means the terms under which a supervised individual will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.

'Plan of supervision' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of a supervised individual accused of violating the terms or conditions of the supervised individual's parole or probation.

'Probable Cause Hearing' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Receiving State – means a state to which a supervised individual requests transfer of supervision or is transferred.

'Receiving state' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Relocate – means to remain in another state for more than 45 consecutive days in any 12 month period.

'Relocate' adopted November 3, 2003, effective August 1, 2004; adopted September 13, 2005, effective January 1, 2006; amended October 4, 2006, effective January 1, 2007

Reference:
ICAOS Advisory Opinion

4-2012 [‘Relocate’ does not appear to limit the cumulative number of days within which an offender may be permitted to remain in another state to a total of 45 cumulative days during the same 12 month period.]

Reporting Instructions – means the orders given to a supervised individual by a sending or receiving state directing the individual to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the supervised individual is directed to report in the receiving state.

'Reporting Instructions' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Resident – means a person who

  1. has resided in a state for at least 1 year continuously and immediately prior to either the supervision start date or sentence date for the original offense for which transfer is being requested; and
  2. intends that such state shall be the person’s principal place of residence; and
  3. has not, unless incarcerated or on active military orders, remained in another state or states for a continuous period of 6 months or more with the intent to establish a new principal place of residence.

'Resident' adopted November 3, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended September 13, 2005, effective January 1, 2006; amended September 14, 2011, effective March 1, 2012; amended September 29, 2021, effective April 1, 2022.

Resident Family – means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who

  1. has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and
  2. indicates willingness and ability to assist the supervised individual as specified in the plan of supervision.

'Resident family' adopted November 3, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended August 28, 2013, effective March 1, 2014; amended September 11, 2024, effective November 1, 2024.

Retaking – means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.

'Retaking' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Rules – means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission.

'Rules' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Sending State – means a state requesting the transfer of a supervised individual, or which transfers supervision of a supervised individual, under the terms of the Compact and its rules.

'Sending state' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Sex Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is registered or required to register as a sex offender in the sending state or is under sex offender terms and conditions in the sending state and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.

'Sex offender' adopted September 26, 2007, effective January 1, 2008; amended October 9, 2019, effective April 1, 2020.

Shall – means that a state or other actor is required to perform an act, the nonperformance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.

'Shall' adopted November 3, 2003, effective August 1, 2004; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 11, 2024, effective November 1, 2024.

Subsequent Receiving State – means a state to which a supervised individual is transferred that is not the sending state or the original receiving state.

'Subsequent Receiving State', adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Substantial Compliance – means that a supervised individual is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.

'Substantial Compliance' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Reference:
ICAOS Advisory Opinion

7-2004 [determining “substantial compliance” when there are pending charges in a receiving state]

Supervised Individual – means an “offender” defined by Article II of the Interstate Compact for Adult Offender Supervision as an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the Compact.

'Supervised Individual' adopted September 11, 2024, effective November 1, 2024.

Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the supervised individual at the time of release to the community or during the period of supervision in the community.

'Supervision' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

References:
ICAOS Advisory Opinions

9-2004 [CSL offenders released to the community under the jurisdiction of the Courts]
3-2010 & 4-2010 [Offenders not subject to supervision by corrections may be subject to ICAOS if reporting to the courts is required.]

Supervision Fee – means a fee collected by the receiving state for the supervision of a supervised individual.

'Supervision Fee' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Travel Permit – means the written permission granted to a supervised individual authorizing the supervised individual to travel from one state to another.

'Travel permit' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of a supervised individual.

'Victim' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

Violent Crime – means any crime involving the unlawful exertion of physical force with the intent to cause injury or physical harm to a person; or an offense in which a person has incurred direct or threatened physical or psychological harm as defined by the criminal code of the state in which the crime occurred; or the use of a deadly weapon in the commission of a crime; or any sex offense requiring registration.

'Violent Crime' adopted October 13, 2010, effective March 1, 2011;

Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by a supervised individual.

'Waiver' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

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 enforcement to arrest a supervised individual. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.

'Warrant' adopted November 3, 2003, effective August 1, 2004; amended September 11, 2024, effective November 1, 2024.

 

Repealed Definitions

'Offender' adopted November 3, 2003, effective August 1, 2004; repealed September 11, 2024, effective November 1, 2024.

'Significant Violation' adopted November 3, 2003, effective August 1, 2004; repealed September 14, 2016, effective June 1, 2017

'Special Condition' adopted November 3, 2003, effective August 1, 2004; repealed September 14, 2016, effective June 1, 2017

'Temporary travel permit' adopted November 3, 2003, effective August 1, 2004; repealed October 9, 2019, effective April 1, 2020

'Victim sensitive' adopted November 3, 2003, effective August 1, 2004; repealed October 9, 2019, effective April 1, 2020

'Violent Offender' adopted October 13, 2010, effective March 1, 2011; amended September 14, 2011, effective March 1, 2012; repealed August 28, 2013, effective March 1, 2014