A supervised individual subject to retaking proceedings under the ICAOS is not entitled to bail. Rule 5.105(c) provides that no court or paroling authority in any member state may admit a supervised individual to bail pending completion of the retaking process, notwithstanding contrary provisions of state law. Articles V and XIV of the Compact establish that duly promulgated Commission rules have the force and effect of statutory law in each member state. Accordingly, the “no bail” provision in Rule 5.105(c) is binding on member states and their courts.
Courts interpreting the former Interstate Compact for Probation and Parole similarly recognized that receiving states were bound by compact return provisions and could not release supervised individuals on bail pending retaking. See, e.g., State ex rel. Ohio Adult Parole Auth. v. Coniglio, 610 N.E.2d 1196 (Ohio Ct. App. 1993); State v. Hill, 334 N.W.2d 746 (Iowa 1983); Ex parte Womack, 455 S.W.2d 288 (Tex. Crim. App. 1970).
Although bail is not authorized pending retaking, detention may not be indefinite. Courts have held that unreasonable delay in executing retaking authority may warrant relief. See Windsor v. Turner, 428 P.2d 740 (Okla. Crim. App. 1967).