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 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 - 5.3.2 State Sovereign Immunity
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
Rule 3.101-2 - Discretionary transfer of supervision
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender…
Rule 5.101-2 - Discretionary process for disposition of violation in the sending state for a new crime conviction
Notwithstanding any other rule, a sentence imposing a period of incarceration on an offender convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by the sending…
Bench Book - 4.5 Discretionary Disposition of Violation
As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between…
Support - Discretionary Retaking Activity
The Discretionary Retaking activity communicates the Sending State’s intent to Retake under Rule 5.101 (b) ‘retake an offender via warrant’  Returns invoked under Rule 5.101 (a) use return reporting instructions. Activity Workflow The Discretionary…
White Paper - State Liability: Why Your State Can Be Sanctioned Upon Violation of the Compact or the ICAOS Rules
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
Bench Book - 5.3.3 Immunity in Another State's Courts
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
Support - 2016 DCA Training Institute
2016 DCA Training Institute  Cleveland, Ohio  Compact Office Role:  Presentation & Handout Discretionary Case Review/FY2015 Audit:  Presentation & Handout FY2015 Audit Results for Discretionary Cases ICOTS Reports:  In 2018, the ICOTS…
Bench Book - 5.3.4 Judicial Immunity
Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
On-Demand - ICAOS 201 Retaking & Warrants
This on-demand training module includes: Retaking & Warrant Overview Discretionary Retaking & Mandatory Retaking
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…
On-Demand - ICAOS 101 Eligibility for Transfer of Supervision & Reporting Instructions
This on-demand training module reviews key definitions in determining eligibility for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as qualifying reasons for reporting instructions. This module is approximately…
On-Demand - ICAOS 102 Transferring Supervision
This on-demand training module explains the processes required for transferring supervision to a receiving state. This includes requirements for a transfer request and for reporting instructions for qualifying offenders. This module is approximately 25…
Bench Book - 3.5.1 Post-Transfer Change of the Underlying Circumstances
As discussed, the transfer of supervision of an offender is mandatory in some circumstances. Receiving states are required to accept transfer if the offender is eligible under Rules 3.101 and 3.101-1. As discussed in Chapter 4 regarding return of…
Rule 5.101 - Discretionary retaking by the sending state
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
Support - ICOTS Activity Email Notification Time Frames
Reporting instructions Reply Due today, 2 business days after RI Request transmitted   Transfer Request Due today (7 business days after RI Request transmitted/15 business days after RI Request for Probationers Living in Receiving State at the Time of…
Support - ICAOS Rules Training Presentations & Resources
The Rules Training PowerPoint provides comprehensive information on the interstate compact in the various areas noted below.    Overview of the Compact Eligibility for Transfer Transfer Process/Investigation Supervision in the Receiving State/Closing a…
Bench Book - 3.3.3 Post-Acceptance Testing
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…
Chapter 1 - General Law of Interstate Compacts
Overview The legal environment for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the country. Because there are relatively few court decisions establishing legal principles in any particular court…
Support - Returning to a Sending State Reporting Instructions Quick Reference Guide
Return to a sending state during supervision is facilitated using return Reporting Instructions (See Rule 4.111.)  Be sure to VERIFY all information entered.  Reasons for Returning Reporting Instructions At the request of the supervised individual After…
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…
Rule 2.105 - Misdemeanants
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more…
Bench Book - 1.1 Who Must Comply with an Interstate Compact?
Interstate Compacts are binding on signatory states, meaning once a state legislature adopts a Compact, it binds all agencies, state officials and citizens to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has…
Rule 3.101 - Mandatory transfer of supervision
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender: (a) has more than 90 calendar days or an indefinite…
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.
Bench Book - 5.2.2.1 Tort Claims by Offenders
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
Bench Book - 2.3 General Principles Affecting Interstate Movement of Offenders
As a general proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to supervision in another state. See Jones v. Helms, 452 U.S. 412, 418-20 (1981); Griffin v. Wisconsin, 483 U.S. 868, 874 (1987); U.S…
Advisory Opinion 9-2006
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
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