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 papersadvisory opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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Whether a receiving state can require relevant documents and return an offender that can no longer be safely supervised
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote offender rehabilitation, not unreasonably impinge on…
Individuals and sex offenders subject to lifetime supervision (CSL)
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…
Clarification on how the 90-days remaining on supervision is determined
Authority to issue travel permits
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
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…
Whether an undocumented immigrant is subject to the Compact
Whether an offender subject to a deferred sentence is eligible for transfer under the Compact
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
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…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.  History: Adopted November 3, 2003, effective August 1, 2004.
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence and employment; and failing to…
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
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…
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…
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…
This on-demand training module discusses supervision responsibilities once an offender's supervision is transferred to a receiving state. The module is approximately 25 minutes
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…
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…
In addition to traditional cases where an offender is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
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…
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
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…
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
Whether sex offenders can travel out of state once they are transferred to a receiving state
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