Compact Online Reference Encyclopedia (CORE)

Looking for information on a specific topic, training, rule, or process? Through one search here, you can find the information you need from ICAOS’ white papers, advisory opinions, bylaws, policies, Hearing Officer's Guide, training modules, rules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
Advisory Opinion 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
Advisory Opinion 9-2006
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
Advisory Opinion 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.
Advisory Opinion 7-2006
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Advisory Opinion 6-2006
Clarification on how the 90-days remaining on supervision is determined
Advisory Opinion 5-2006
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
Advisory Opinion 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
Advisory Opinion 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
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Advisory Opinion 4-2005
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Advisory Opinion 9-2004
Individuals and sex offenders subject to lifetime supervision (CSL)
Advisory Opinion 7-2004
Whether a receiving state can reject a transfer if there are warrants or pending charges in the receiving state
Advisory Opinion MA-2004
Adopting an emergency rule for Massachusetts who had not enacted the Compact
Advisory Opinion 4-2004
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
Bench Book - 4.3.2 Offenders Convicted of a Violent Crime
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
Bench Book - 4.4 Arrest and Detention of Offenders in the Receiving State
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
Bench Book - 4.6 Arrest of Absconders
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than fifteen (15) business days. Warrant requirements apply to offenders who fail to return to…
Bench Book - 4.7 Post-Transfer Hearing Requirements
Post-Transfer Hearing Requirements
Bench Book - 4.7.1 General Considerations
Offenders, including those subject to supervision under the ICAOS, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
Bench Book - 4.7.2 Right to Counsel
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
Bench Book - 4.7.3 Specific Considerations for Probable Cause Hearings under ICAOS
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the offender’s violations of supervision and the right of the sending…
Bench Book - 4.7.3.2 Probable Cause Hearings when Violations Occurred in another State
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
Advisory Opinion 3-2010
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Advisory Opinion 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
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