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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Definition - By-Laws
By-Laws – means those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
BYLAWS - ARTICLE X - ADOPTION AND AMENDMENT OF BY-LAWS
Any By-law may be adopted, amended or repealed by a majority vote of the Members, provided that written notice and the full text of the proposed action is provided to all Commission Members at least thirty (30) days prior to the meeting at which the…
Bench Book - 1.7.2 Eleventh Amendment Issues for Interstate Commissions
The Eleventh Amendment guarantees state sovereign immunity from suit in federal court. The Eleventh Amendment ensures that states retain certain attributes of sovereignty, including sovereign immunity. Hans v. Louisiana, 134 U.S. 1, 13 (1890). Over the…
Bench Book - 1.8 Party State, Interstate Commission, and Third-Party Enforcement Compacts
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
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 - 2.11.2 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 - 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 - 1.4.3 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…
BYLAWS - ARTICLE I - COMMISSION PURPOSE, FUNCTION AND BY-LAWS
Section 1. Purpose. Pursuant to the terms of the Interstate Compact for Adult Offender Supervision, (the “Compact”), the Interstate Commission for Adult Offender Supervision (the “Commission”) is established to fulfill the objectives of the Compact,…
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…
BYLAWS - ARTICLE XI - DISSOLUTION OF THE COMPACT
The Compact shall dissolve effective upon the date of the withdrawal or the termination by default of a Compacting State that reduces membership in the Compact to one Compacting State as provided by the Compact. Upon dissolution of the Compact, the…
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…
BYLAWS - ARTICLE III - OFFICERS
Section 1. Election and Succession. The officers of the Commission shall include a chairperson, vice chairperson, secretary and treasurer. The officers shall be duly appointed Commission Members, except that if the Commission appoints an Executive…
BYLAWS - ARTICLE V - QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
Section 1. Immunity. The Commission, its Members, officers, executive director, and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or…
BYLAWS - ARTICLE VI - MEETINGS OF THE COMMISSION
Section 1. Meetings and Notice. The Commission shall meet at least once each calendar year at a time and place to be determined by the Commission. Additional meetings may be scheduled at the discretion of the chairperson, and must be called upon the…
BYLAWS - ARTICLE VII - COMMITTEES
Section 1. Executive Committee. The Commission may establish an executive committee, which shall be empowered to act on behalf of the Commission during the interim between Commission meetings, except for rulemaking or amendment of the Compact. The…
BYLAWS - ARTICLE IX - WITHDRAWAL, DEFAULT, AND TERMINATION
Compacting States may withdraw from the Compact only as provided by the Compact. The Commission may terminate a Compacting State as provided by the Compact.
BYLAWS - ARTICLE VIII - FINANCE
Section 1. Fiscal Year. The Commission’s fiscal year shall begin on July 1 and end on June 30. Section 2. Budget. The Commission shall operate on an annual budget cycle and shall, in any given year, adopt budgets for the following fiscal year or years…
BYLAWS - ARTICLE II - MEMBERSHIP
Section 1. Commissioners The Commission Membership shall be comprised as provided by the Compact. Each Compacting State shall have and be limited to one Member. A Member shall be the Commissioner of the Compacting State. Each Compacting State shall…
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…
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…
BYLAWS - ARTICLE IV - COMMISSION PERSONNEL
Section 1. Commission Staff and Offices. The Commission may by a majority of its Members, or through its executive committee appoint or retain an executive director, who shall serve at its pleasure and who shall act as secretary to the Commission, but…
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 - 4.8 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…
Rule 6.103 - Enforcement actions against a defaulting state
(a) If the Interstate Commission determines that any state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this Compact, the by–laws or any duly promulgated rules the Interstate…
Rule 6.104 - Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate…
Compliance Audit Policy 05-2009
I. Mission To provide an independent, objective assurance that there is adherence to Commission rules, policies, and procedures. II. Objectives The objective of the ICAOS Compliance Audit Program is to provide independent assurance to the Commission that…
Definition - Shall
Shall – means that a state or other actor is required to perform an act, the nonperformance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.
Rule 6.101 - Informal communication to resolve disputes or controversies and obtain interpretation of the rules
(a) Through the office of a state’s compact administrator, states shall attempt to resolve disputes or controversies by communicating with each other by telephone, telefax, or electronic mail. (b) Failure to resolve dispute or controversy— Following an…
Chapter 1: Definitions - Rule 1.101
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements. Adult – means both…
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