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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Advisory Opinion 2-2012
Whether the receiving state's acceptance of a transfer request or reporting instructions creates the 'planned release' date
Advisory Opinion 1-2012
Effect of New Jersey statute on acquitted persons by reason of insanity
Advisory Opinion 1-2011
Whether rule 2.105 applies to hunting violations involving the use of a firearm
Advisory Opinion 3-2010
Whether a California statute classifying offenders as not subject to supervision or revocation are eligible for transfer under the Compact
Advisory Opinion 1-2009
Whether a sending state may request an investigation prior to the offender’s release from incarceration
Advisory Opinion 2-2008
Authority to issue travel permits
Advisory Opinion 1-2008
Clarification regarding sex offenders living in the receiving state at the time of sentencing and imposing/enforcing special conditions
Advisory Opinion 3-2007
Whether receiving states can denying reporting instructions based on an invalid plan of supervision
Advisory Opinion 2-2007
Whether offenders who seek to reside in federal housing are eligible for transfer under the Compact
Advisory Opinion 16-2006
Interpretation of physical harm and whether states can consider other criteria such as plea bargains in determining eligibility
Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
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.
Advisory Opinion 7-2006
Whether the second or subsequent misdemeanor DUI meets ICAOS eligibility
Advisory Opinion 6-2006
Clarification on how the 90-days remaining on supervision is determined
Advisory Opinion 8-2005
Whether a receiving state can make a determination of substantial compliance if an offender commits a crime in the receiving state during the period of investigation or has an outstanding warrant
Advisory Opinion 6-2005
Whether offenders subject to Washington’s “deferred prosecution” statute are eligible for transfer under the Compact
Advisory Opinion 4-2005
Whether offenders who are not eligible to transfer under Rule 3.101 or 2.105 are permitted to a discretionary transfer
Bench Book - 3.2.1 Offender Eligibility Criteria
Determining offender eligibility under the Compact requires a multi-prong analysis beginning with the broad definition of offender. An “offender” means “an adult placed under, or made subject to, supervision as a result of the commission of a criminal…
Bench Book - 3.2.1.1 Offenders Covered by the ICAOS
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
Bench Book - 3.2.1.2 Eligibility of Offenders, Residency Requirements - General Overview
Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101. The offender has no constitutional right…
Bench Book - 3.2.1.3 Special Rules for Military Personnel and Their Families
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…
Bench Book - 3.2.1.4 Employment Transfers of Offenders and Their Families
The other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and…
Bench Book - 3.2.1.5 Persons Not Covered by the ICAOS
An offender not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole Bd., 845 A.…
Bench Book - 3.2.1.6 Sentencing Considerations
The ICAOS applies to all offenders meeting the eligibility requirements and who are subject to some form of community supervision or corrections. By design, the term “offender” provides greater scope and flexibility in the management of offender…
Bench Book - 3.2.1.6.1 Deferred Sentencing
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 “…
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…
Bench Book - 3.2.1.6.3 What Constitutes Second and Subsequent Conviction of Driving While Impaired?
Particular attention should be paid to offenders convicted of a second or subsequent offense of driving while impaired (DUI and DWI offenses). Because various states’ laws differ widely on what constitutes a second or subsequent conviction, the Commission…
Bench Book - 3.2.2 Special Considerations
Special Considerations
Bench Book - 3.2.2.1 Out-of-state Treatment
One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require enrollment in a community based or in-house treatment program in…
Bench Book - 3.3.2 Pre-Acceptance Testing
An offender who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition of acceptance of the transfer. Such “pre-acceptance” requirements imposed on otherwise…
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