Advisory Opinions

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The Advisory Opinions are part of CORE (Compact Online Reference Encyclopedia).

Interpretation of ICAOS Rules

Any state may submit an informal written request to the Executive Director for assistance in interpreting the rules of this compact. The Executive Director may seek the assistance of legal counsel, the Executive Committee, or both, in interpreting the rules. The Executive Committee may authorize its standing committees to assist in interpreting the rules. Interpretations of the rules shall be issued in writing by the Executive Director or the Executive Committee and shall be circulated to all of the states. Advisory Opinion Policy

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2004 Advisory Opinions Next »

Advisory Opinions at a Glance

Opinion Number	Description	Rules	Keywords
1-2019	How states should manage absconders apprehended in the receiving state	4.112, 5.101-1	Absconder, ICOTS, Pending Charges
3-2015	Whether offenders sentenced to home detention programs are eligible for transfer under the Compact	1.101, 2.106	Deferred Sentence, Eligibility
2-2015	Whether an offender granted a conditional pardon and moved to a secure treatment facility is eligible for transfer under the Compact	1.101, 2.106	Deferred Sentence, Eligibility
1-2015	Whether a transferred offender who commits a violation may be subjected to confinement for short periods in lieu of revocation	4.101, 4.103, 4.109	Sanctions, Violations
1-2014	Whether an offender who has been arrested and released on bail for pending charges in the receiving state may be apprehended and detained for retaking by the sending state pending resolution of the new criminal charge	4.109, 5.101, 5.111	New Charges, Retaking, Violations
5-2012	Whether Rule 5.108 permits the use of 2-way closed circuit video for conducting probable cause	5.108	Probable Cause, Video Hearings
4-2012	Whether a state can permit an offender to proceed to another state for multiple periods of time, never exceeding 45 consecutive days in any single occurrence	1.101, 2.110	Relocate
3-2012	Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact	2.110, 3.101, 3.109	Absconder, Extradition
2-2012	Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date	3.105	Prerelease
1-2012	Effect of New Jersey statute on acquitted persons by reason of insanity	1.101, 3.101	Eligibility
1-2011	Whether rule 2.105 applies to hunting violations involving the use of a firearm	2.105	Misdemeanor Offenses
4-2010	The effect of a Washington statute that prohibits certain offenders from being under supervision	1.101, 4.101	Supervision
3-2010	Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact	1.101	Eligibility
2-2010	Whether a sending state can close interest in a case if the offender's status no longer qualifies under the definition of supervision	4.112	Case Closure, Supervision
1-2010	Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised	3.101, 3.107, 5.101, 5.103	Acceptance, Retaking, Supervision Standards
1-2009	Whether a sending state may request an investigation prior to the offender’s release from incarceration	1.101, 3.102, 3.106	Prerelease Investigation, Transfer Request
3-2008	Whether sex offenders can travel out of state once they are transferred to a receiving state	4.101	Sex Offender, Travel Permit
2-2008	Authority to issue travel permits	1.101, 2.105, 2.110, 3.101	Eligibility, Travel Permit
1-2008	Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions	3.101, 4.103	Sex Offender, Special Conditions
3-2007	Whether receiving states can denying reporting instructions based on an invalid plan of supervision	3.101, 3.103	Denial, Plan of Supervision
2-2007	Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact	3.101	Eligibility, Section 8 Housing
16-2006	Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility	2.105	Eligibility, Misdemeanor Offenses, Physical Harm
14-2006	Imposing fees on offenders transferring through the Compact	4.107	Supervision Fees
13-2006	Whether an undocumented immigrant is subject to the Compact	1.101, 3.101	Undocumented Immigrant
11-2006	Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112	4.112	Case Closure, Retaking
9-2006	Whether the offender being in the receiving state prior to investigation is a valid reason for rejection	2.110, 3.103	Investigation, Rejections
8-2006	Whether a receiving state can predicate acceptance to a residential program on the sending state agreeing to retake if the offender fails to complete the program.	3.101, 4.103	Eligibility, Residential Program
7-2006	Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility	2.105	DUI Offenses, Eligibility, Misdemeanor Offenses
6-2006	Clarification on how the 90-days remaining on supervision is determined	3.101	Eligibility, Period of Supervision
5-2006	Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders	3.104, 4.101, 4.103	Investigation, Sex Offender
HIPAA-2005	Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
8-2005	Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant	1.101, 3.101	Pending Charges, Substantial Compliance
6-2005	Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact	1.101, 2.106	Deferred Prosecution, Eligibility
4-2005	Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer	2.105, 3.101, 3.101-2	Discretionary Transfer, Eligibility
2-2005	Whether officers can arrest and detain compact offenders for probation violations	4.101, 5.108	Arrest, Compact Authority, Due Process, Retaking, Violations
MA-2004	Adopting an emergency rule for Massachusetts who had not enacted the Compact	Article XI Compact Statute
9-2004	Individuals and sex offenders subject to lifetime supervision (CSL)	1.101, 3.101, 5.103	Eligibility
7-2004	Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state	3.101	Pending Charges, Substantial Compliance
4-2004	Whether an offender subject to a deferred sentence is eligible for transfer under the Compact	1.101, 2.106	Conditional Release, Deferred Sentence

Interstate Commission for Adult Offender Supervision

Ensuring Public Safety for the 21st Century

Advisory Opinions

Interpretation of ICAOS Rules

Advisory Opinions at a Glance

ENSURING PUBLIC SAFETY FOR THE 21ST CENTURY