Rule 4.101-1 provides clear and independent authority for the receiving state to take a supervised individual into custody for violating their conditions of supervision. The rule codifies the commission’s longstanding interpretation that “supervision” includes the authority to arrest and detain. See Perry v. Pennsylvania, No. 05-1757, 2008 WL 2543119, at *7 (W.D. Pa. 2008) (holding that “supervision,” as defined by ICAOS, encompasses the authority to arrest and detain).
Custody under Rule 4.101-1 may be used to stabilize non-compliant behavior, enforce supervision conditions, or implement corrective actions. Detention in this context does not, by itself, require that the sending state initiate revocation or retaking proceedings.
This authority is consistent with the Compact’s stated purposes, including enhancing public safety and protecting victims of crime. See ICAOS Article I. Article IX further requires member states to take necessary actions to effectuate the compact’s purposes. Arrest and detention authority, when exercised in accordance with ICAOS rules and constitutional protections, supports those objectives.
PRACTICE NOTE