Skip to main content

Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Rule 5.101-1 - Pending Felony or Violent Crime Charges

Notwithstanding any other rule, if a supervised individual is charged with a subsequent felony or violent crime, the individual shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the individual has been released to supervision for the subsequent offense, unless the sending and receiving states mutually agree to the retaking or return.

References:
ICAOS Advisory Opinions

1-2019 [The language of Rule 5.101-1 anticipates the exercise of discretion by prosecutors and other state authorities in the determination of whether an offender or absconder should be held subject to retaking bonds or to be detained on bonds set in connection with a new offense.]

History: Adopted August 28, 2013, effective March 1, 2014, amended September 11, 2024, effective November 1, 2024

References

Definitions

Click terms below to reveal definitions used in this rule.

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.

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

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

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.

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.

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.

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.

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.