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.

Displaying 61 - 90 of 131
Bench Book - 2.5 Purpose of the ICAOS
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of public safety and protect the rights of victims through the control and…
Bench Book - 2.6 Effect of the ICAOS on the States
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
Bench Book - 2.7 Adoption and Withdrawal
Like any other interstate Compact, the ICAOS inaugurated when state legislatures passed similar statutes enacting the provisions of the agreement. In the case of the ICAOS, the threshold requirement for activation of the Compact was adoption of the…
Bench Book - 2.8 Effect of Withdrawal
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
Bench Book - 2.9 Key Features of the ICAOS
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state. The…
Bench Book - 2.10 Key Definitions in the ICAOS (Art II)
The following definitions should be of particular interest to judicial authorities: Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Compact Administrator – means the…
Bench Book - 2.11 Interstate Commission
The ICAOS creates an Interstate Commission to oversee the operations of the Compact nationally, enforce its provisions on the member states, and resolve any disputes that may arise between the states. The Commission is comprised of one voting…
Bench Book - 2.11.1 Primary Powers of the Commission
The powers of the Commission appear in Article V of the ICAOS. Among its primary powers, the Commission: Promulgates rules, which are binding on the states and have the force and effect of statutory law within each member state; Oversees, supervises, and…
Bench Book - 2.11.2 Rulemaking Powers
Of the powers of the Commission, none is more unique and all encompassing than its rulemaking authority. The rules promulgated by the Commission have the force and effect of statutory law within member states and therefore must be given full effect by all…
Bench Book - 2.12 Enforcement of the Compact and its Rules (Art. IX & Art. XII)
One of the key features of ICAOS is the Commission’s enforcement tools to promote state compliance with the Compact. The tools provided to the Commission are not directed at compelling offender compliance; such compliance is a matter for the member states…
Bench Book - 2.12.1 General Principles of Enforcement
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for noncompliance rests with the Commission as a whole or its executive committee acting…
MISSION & ACKNOWLEGEMENTS
Mission Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and victims’ rights.…
INTERSTATE COMPACT LAW - A HISTORICAL PERSPECTIVE
Interstate Compacts are not new legal instruments. Compacts derive from the nation’s colonial past where states utilized agreements, similar to modern Compacts, to resolve intercolonial disputes, particularly boundary disputes. The colonies and crown…
Chapter 1 - General Law of Interstate Compacts
Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the country. Because there are relatively few court decisions establishing legal principles in any particular court…
Bench Book - 1.1 Who Must Comply with an Interstate Compact?
Interstate Compacts are binding on signatory states, meaning once a state legislature adopts a Compact, it binds all agencies, state officials and citizens to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has…
Bench Book - 1.2 Nature of Interstate Compacts
Beginning with the Articles of Confederation, states used Compacts to settle boundary disputes. In 1918, Oregon and Washington enacted the first Compact solely devoted to joint supervision of an interstate resource (fishing on the Columbia River). Three…
Bench Book - 1.2.1 Interstate Compacts are Formal Agreements Between States
Understanding the legal nature of an interstate Compact begins with this basic point: interstate Compacts are formal agreements between states that exist simultaneously as both (1) statutory law, and (2) contracts between states. The contractual nature…
Bench Book - 1.2.2 Compacts Are Not Uniform Laws
An interstate Compact is not a “uniform law” as typically construed and applied. Unlike interstate Compacts, uniform laws are not contracts; a state adopting an interstate Compact may not select provisions of an interstate Compact to adopt; and, a state…
Bench Book - 1.2.3 Compacts Are Not Administrative Agreements
Compacts differ from administrative agreements in two principal ways. First, states, as sovereigns, have inherent authority to enact Compacts. See Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 657, 725 (1838). Thus, states do not need any express…
Bench Book - 1.3 Delegation of State Authority to an Interstate Commission
One of the axioms of modern government is a state legislature’s ability to delegate rulemaking power to an administrative body. This delegation of authority extends to the creation of an interstate commission through an interstate Compact. See Hess v.…
Bench Book - 1.4 Congressional Consent Requirement
The ICAOS operates under Congress’ consent in the Crime Control Act of 1934, 4 U.S.C. § 112 (2012).
Bench Book - 1.4.1 When Consent is Required
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
Bench Book - 1.4.2 Withdrawal and Modification of Congressional Consent
Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is…
Bench Book - 1.4.3 Implications of Congressional Consent
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
Bench Book - 2.12.2 Judicial Enforcement
The Commission can initiate judicial enforcement by filing a complaint or petition in the appropriate U.S. district court. A member state that loses in any such litigation is required to reimburse the Commission for the costs incurred in prosecuting or…
Chapter 3 - The ICAOS Implications for the Courts
States are bound to the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application…
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
2019 Advisory Opinions
ICAOS Advisory Opinions published in 2019
Bench Book - 4.8 Bail Pending Return
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
Bench Book - 4.9 Revocation or Punitive Action by the Sending State – Conditions
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
Displaying 61 - 90 of 131