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 - Waiver
Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender.
Rule 3.109 - Waiver of extradition
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
Bench Book - 5.3.1.3 Waiver of Eleventh Amendment Immunity
There are several ways a state might waive its Eleventh Amendment immunity from suit in federal court. First, immunity can be waived by express state law. It can also be waived by voluntary participation in a federal program that expressly conditions…
Hearing Officer's Guide - III. Retaking Based on Violations that Occur in the Receiving State
Where the retaking of an offender is based on a violation of the conditions of supervision in the receiving state and such violation is likely to form the basis for revocation of community supervision in the sending state, the following additional…
Bench Book - 4.2 Waiver of Formal Extradition Proceedings
Waiver of Formal Extradition Proceedings
Bench Book - 4.2.2 Uniform Extradition Act Considerations
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
Advisory Opinion 3-2012
Whether an offender whose supervision was never transferred and who subsequently absconds supervision is subject to retaking under the terms of the Compact
On-Demand - ICAOS 203 Probable Cause Hearings
This on-demand training module includes: Probable Cause Hearing Overview & Purpose When a Probable Cause Hearing is Required Probable Cause Hearing Requirements Waiver of Probable Cause
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 - 4.3 Retaking
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
Bench Book - 4.7.3.3 Probable Cause Hearings Waiver
The offender may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). The effect of waiving the probable cause…
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 - 3.1 Key Definitions in the Rules
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…
Bench Book - 3.2.1.6.2 Deferred Prosecution
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
Rule 2.110 - Transfer of offenders under this compact
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
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…
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…
Bench Book - 4.7.3.2.2 Probable Cause Hearing Report
Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the report along with any evidence or record from the hearing to the sending state. The report must contain (1) the time, date…
Definition - Extradition 
Extradition – means the return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution…
Chapter 4 - Returning Offenders to the Sending State
Definition - Abscond
Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements;
Chapter 3: Transfer of Supervision
Rules governing transfer of supervision under the compact of the Interstate Commission for Adult Offender Supervision
Chapter 5 - Liability and Immunity Considerations for Judicial Officers and Employees
Definition - Probable Cause Hearing
Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender‘s parole or probation.
On-Demand - ICAOS 401 Agency-Judicial Issues
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.  
Definition - Warrant
Warrant – means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law…
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…
Rule 5.107 - Officers retaking an offender
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
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