Rule 1.101 - Definitions
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 or employment and avoiding supervision.
Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law
Application fee – means a reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state
Arrival – means to report to the location and officials designated in reporting instructions given to an offender at the time of the offender’s departure from a sending state under an interstate compact transfer of supervision.
By-laws – means those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commissions actions or conduct.
Compact – means the Interstate Compact for Adult Offender Supervision.
Compact administrator – means the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission for Adult Offender Supervision, and policies adopted by the State Council under this compact.
Compact commissioner or “commissioner” – means the voting representative of each compacting state appointed under the terms of the Interstate Compact for Adult Offender Supervision as adopted in the member state.
Compliance – means that an offender is abiding by all terms and conditions of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state.
Deferred sentence – means a sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court.
Detainer – means an order to hold an offender in custody.
Discharge – means the final completion of the sentence that was imposed on an offender by the sending state.
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.
ICAOS Dispute Resolution
2-2004 [Offenders not transferred through the ICAOS must be returned through the extradition clause of the U.S. Constitution]
Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.
ICAOS Advisory Opinion
9-2004 [CSL offenders seeking transfer of supervision are subject to ICAOS-New Jersey]
Plan of Supervision – means the terms under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.
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.
Receiving State – means a state to which an offender requests transfer of supervision or is transferred.
Relocate – means to remain in another state for more than 45 consecutive days in any 12 month period.
Reporting Instructions – means the orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state.
Resident – means a person who—
(1) has continuously inhabited a state for at least 1 year prior to the commission of the offense for which the offender is under supervision; and
(2) intends that such state shall be the person’s principal place of residence; and
(3) has not, unless incarcerated or on active military deployment, remained in another state or states for a continuous period of 6 months or more with the intent to establish a new principal place of residence.
Resident Family – means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who—
(1) has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and
(2) indicates willingness and ability to assist the offender as specified in the plan of supervision.
Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.
Rules – means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission,
Sending State – means a state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.
Sex Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to register as a sex offender either in the sending or receiving state and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.
Shall – means that a state or other actor is required to perform an act, the nonperformance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.
Significant Violation – means an offender’s failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.
(Chart: PPTX / PDF)
Special Condition – means a condition or term that is added to the standard conditions of parole or probation by either the sending or receiving state.
Subsequent Receiving State – means a state to which an offender is transferred that is not the sending state or the original receiving state.
Substantial Compliance – means that an offender is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.
ICAOS Advisory Opinion
7-2004 [determining “substantial compliance” when there are pending charges in a receiving state]
Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.
ICAOS Advisory Opinions
9-2004 [CSL offenders released to the community under the jurisdiction of the Courts]
8-2004 [Suspended sentence requiring payment of monitored restitution]
3-2005 [Requirement to complete a treatment program as a condition of supervision]
3-2010 & 4-2010 [Offenders not subject to supervision by corrections may be subject to ICAOS if reporting to the courts is required.]
Supervision Fee – means a fee collected by the receiving state for the supervision of an offender.
Temporary Travel Permit – means, for the purposes of Rule 3.108 (b), the written permission granted to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising state for more than 24 hours but no more than 31 calendar days. A temporary travel permit shall include a starting and ending date for travel.
Travel Permit – means the written permission granted to an offender authorizing the offender to travel from one state to another.
Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of an offender.
Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of offender’s movement to the sending state as specified in Rules 3.108 and 3.108-1.
Violent Crime – means any crime involving the unlawful exertion of physical force with the intent to cause injury or physical harm to a person; or an offense in which a person has incurred direct or threatened physical or psychological harm as defined by the criminal code of the state in which the crime occurred; or the use of a deadly weapon in the commission of a crime; or any sex offense requiring registration.
Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender.
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 enforcement to arrest an offender. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.
History: Adopted November 3, 2003, effective August 1, 2004; “Compliance” amended October 26, 2004, effective January 1, 2005; “Resident” amended October 26, 2004, effective January 1, 2005; “Resident family” amended October 26, 2004, effective January 1, 2005; “Substantial compliance” adopted October 26, 2004, effective January 1, 2005; “Supervision” amended October 26, 2004, effective January 1, 2005; “Travel permit” amended September 13, 2005, effective January 1, 2006; “Victim” amended September 13, 2005, effective January 1, 2006; “Relocate” adopted September 13, 2005, effective January 1, 2006; “Compact” adopted September 13, 2005, effective January 1, 2006; “Resident” amended September 13, 2005, effective January 1, 2006; “Relocate” amended October 4, 2006, effective January 1, 2007; “Sex offender” adopted September 26, 2007, effective January 1, 2008.; “Supervision” amended November 4, 2009, effective March 1, 2010. “Warrant” adopted October 13, 2010, effective March 1, 2011; “Violent Crime” adopted October 13, 2010, effective March 1, 2011; “Violent Offender” adopted October 13, 2010, effective March 1, 2011; “Resident” amended September 14, 2011, effective March 1, 2012; “Violent Offender” amended September 14, 2011, effective March 1, 2012. “Abscond” amended August 28, 2013, effective March 1, 2014; “Resident Family” amended August 28, 2013, effective March 1, 2014; “Temporary Travel Permit” amended August 28, 2013, effective March 1, 2014; “Warrant” amended August 28, 2013, effective March 1, 2014; “Violent Offender” repealed August 28, 2013, effective March 1, 2014.