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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Bench Book - 3.7 Sex Offender Registration
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
Bench Book - 3.8 Financial Obligations
Financial Obligations
Bench Book - 3.8.1 Restitution
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
Bench Book - 3.8.2 Fees
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
Bench Book - 3.9 Implications, Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
Chapter 4 - Returning Offenders to the Sending State
Bench Book - 4.1 Status of Offenders Subject to ICAOS
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
Bench Book - 4.2 Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings
Bench Book - 4.2.1 Waiver of Extradition under the ICAOS
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
Bench Book - 4.2.2 Uniform Extradition Act Considerations
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
Bench Book - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
Bench Book - 4.3.1 Violation Reports Requiring Retaking
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
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…
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
Advisory Opinion 1-2010
Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Advisory Opinion 1-2009
Whether a sending state may request an investigation prior to the offender’s release from incarceration
Advisory Opinion 3-2008
Whether sex offenders can travel out of state once they are transferred to a receiving state
Advisory Opinion 2-2008
Authority to issue travel permits
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Advisory Opinion 3-2007
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Advisory Opinion 2-2007
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Advisory Opinion 16-2006
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
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
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