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 189
Bench Book - 3.5.3 Victims' Rights
    The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
Advisory Opinion 1-2009
Whether a sending state may request an investigation prior to the offender’s release from incarceration
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
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
Rule 3.104-1 - Acceptance of offender; issuance of reporting instructions
(a) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions. (b) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the…
Rule 5.108 - Probable cause hearing in receiving state
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
On-Demand - ICAOS/ICOTS 304 Reporting Violations Requiring Retaking
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
Bench Book - 3.4.2 Type of Supervision in Receiving State
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
Rule 4.105 - Arrival and departure notifications; withdrawal of reporting instructions
(a) Departure notifications—At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of reporting instructions, the state from which the offender departs shall notify the intended receiving state, and, if…
Rule 4.102 - Duration of supervision in the receiving state
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
Rule 5.106 - Cost of incarceration in receiving state
A receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender’s retaking by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
Rule 3.101-2 - Discretionary transfer of supervision
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender…
Rule 5.109 - Transport of offenders
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference. History: Adopted November 4, 2003, effective August 1, 2004.
Bench Book - 3.4.1 Duration of Supervision
In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of…
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 - 4.7.2 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 - 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 - 5.2.2 State Tort Claims
In addition to civil rights lawsuits, offenders (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases some form of immunity will apply, and questions related to immunity will generally turn on the state law of…
Bench Book - 5.2.2.1 Tort Claims by Offenders
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
Rule 5.111 - Denial of bail or other release conditions to certain offenders
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
Support - External Offender Application Form
Use the external offender application form when unable to download from ICOTS.  The external form is commonly used in institutions, remote sentencing or in other situations where non-ICOTS users assist in the transfer process.   Both English and Spanish…
Bench Book - 2.2 Why the Interstate Compact for Adult Offender Supervision?
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
Rule 3.107 - Transfer Request
(a) A transfer request for an offender shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the circumstances, type…
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 - 5.2.1.2 Constitutional Violations Related to ICAOS
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
Rule 5.110 - Retaking offenders from local, state or federal correctional facilities
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
Hearing Officer's Guide - Introduction
This guide is intended to provide hearing officers with basic guidance regarding the retaking procedures that may apply to offenders subject to the Interstate Compact for Adult Offender Supervision (ICAOS). Several cautionary notes should be understood in…
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…
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.
Displaying 61 - 90 of 189