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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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 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Any By-law may be adopted, amended or repealed by a majority vote of the Members, provided that written notice and the full text of the proposed action is provided to all Commission Members at least thirty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…
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 - 5.3.7 The Public Duty Doctrine
Some states recognize the so-called public duty doctrine—the idea that a government official has no legal duty to protect an individual citizen from harm caused by a third person. The rule recognizes the limited resources of law enforcement and a refusal…
Bench Book - 1.9 Recommended Sources of Compact Law and Information
For additional information on interstate Compact law and interstate Compacts generally, see MICHAEL L. BUENGER, JEFFREY B. LITWAK, MICHAEL H. MCCABE & RICHARD L. MASTERS,, THE EVOLVING LAW AND USE OF INTERSTATE COMPACTS 2d ed. (ABA Publ’g 2016) and…
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…
Definition - Resident Family
Resident Family – means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and indicates…
Training and Technical Assistance 01-2008
I. Authority The Executive Committee is vested with the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by the…
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…
Enhancement Requests for Electronic System Authorized by the Commission 02-2018
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the Commission’s day-to-day activities…
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…
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…
White Paper - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
Bench Book - 3.3.1 Time of Transfer
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
White Paper - Discharge of Sentences in Lieu of Retaking is a Violation of the Compact and the ICAOS Rules
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
Guidelines for Resolving Compliance Issues 03-2008
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
Bench Book - 4.7.3.2.1 Offender’s Basic Rights at a Probable Cause Hearing
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
ICOTS Privacy Policy V4 06-2009
Privacy Policy Interstate Compact Offender Tracking System Version 4.0   Approved 04/23/2009 Revised on 4/05/2022   1.0 Statement of Purpose The goal of establishing and maintaining the ICOTS is to further the following purposes of the Commission:…
Record Retention and Destruction 02-2009
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session. The Executive Committee oversees the day-to-day activities managed by…
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…
Hearing Officer's Guide - V. Waiver of Hearing
Rule 5.108 provides that an offender subject to retaking can waive a probable cause hearing. No waiver is to be accepted unless the offender admits to one or more violations that are subject to revocation of supervision. The critical elements of such a…
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 - 3.6.3 Limitations on Conditions
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
Advisory Opinion 1-2019
How states should manage absconders apprehended in the receiving state
Travel Reimbursement 07-2004
I. Authority The Executive Committee is vested with the power to adopt a policy on behalf of the Interstate Commission during periods when the Interstate Commission is not in session.  The Executive Committee oversees the day-to-day activities managed by…
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…
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…
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 16-2006
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
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