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5.4.2 Procedural Authority and Due Process in Retaking

Chapter 5.4.2
Effective April 1, 2026

     Under Article I of the ICAOS, states recognize that officers from a sending state may enter a receiving state to apprehend and retake a supervised individual. Rule 5.106(a) repeats this authority, specifies that apprehending and retaking is subject to the commission’s rules and due process requirements, and states that officers are required only to confirm their authority and the identity of the supervised individual. This bare minimum requirement is permissible because, pursuant to Rule 3.109(a), the supervised individual waived extradition when they applied for the transfer to the receiving state. Additionally, Rule 3.109(b) provides that all compacting states waive legal requirements to extradition of supervised individuals who are fugitives from justice.

     As discussed in section 5.8, due-process requirements apply when violations form the basis for potential revocation proceedings in the sending state. Once the sending state has met its due-process obligations and established proper authority, officials in the receiving state may not prevent, delay, or otherwise interfere with the return of the supervised individual. Any such interference by judicial or local officials constitutes a violation of the ICAOS and its rules. See Rule 5.106.
 

PRACTICE NOTE

The gravity of a violating act or pattern of non-compliance is measured according to the standards of the receiving state. Consequently, a sending state may be required to retake a supervised individual even when similar conduct would not have warranted revocation in the sending state.

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