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All Advisory Opinions At-A-Glance
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Any state may submit an informal written request to the Executive Director for assistance in interpreting the rules of this compact. The Executive Director may seek the assistance of legal counsel, the Executive Committee, or both, in interpreting the rules. The Executive Committee may authorize its standing committees to assist in interpreting the rules. Interpretations of the rules shall be issued in writing by the Executive Director or the Executive Committee and shall be circulated to all of the states. / Advisory Opinion Policy
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2010
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| 2010 | Details | At Issue | Finding | | Rule(s):
Opinion #:
Date Issued: Requester: | 3.101
1-2010
03.08.2010
Arkansas
| Whether a receiving state may require all documents concerning the offender which it considers relevant and the authority to return an offender whom it determines can no longer be safely supervised in that state as conditions precedent to accepting a transfer of supervision of an offender under the compact. | Based upon the terms of the compact, the above referenced rules and the legal authorities cited herein, neither the State of Washington nor any other ICAOS member state may refuse otherwise valid mandatory transfers of supervision under the compact on the basis that additional information concerning the criminal history of these offenders, not required by Rule 3.107 to be furnished, has not been provided or that the State of Washington will be vested with the authority to unilaterally decide when any of these offenders transferred can no longer be safely supervised in the community and that the offender needs to be returned to the sending state in contravention of Rule 5. 103 (a), which requires a showing of a minimum of three (3) significant violations establishing a pattern of non-compliance before retaking by the sending state is required. | |
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2009
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| 2009 | Details | At Issue | Finding | | Rule(s):
Opinion #:
Date Issued: Requester: | 3.105
1-2009
12.22.2009
East Region
| Transfer request for offenders incarcerated at the time the request is submitted
Whether a sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the offender’s release from incarceration when the offender is subject to a “split sentence” of jail or prison time and release to probation supervision, or must wait until the offender is released to supervision in order to make such a request. | Based on the foregoing analysis and consistent with the clear intent of the compact and the ICAOS rules as well as the language and design of the compact and the rules, a sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the offender’s release from incarceration when the offender is subject to a “split sentence” of jail or prison time and release to probation supervision. | |
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2008
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2007
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2006
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2005
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2004
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