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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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 - 4.8 Bail Pending Return
An offender subject to retaking proceedings has no right to bail. Rule 5.111 specifically prohibits any court or paroling authority in any state to admit an offender to bail pending completion of the retaking process, individual state law to the contrary…
Bench Book - 4.9 Revocation or Punitive Action by the Sending State – Conditions
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
Chapter 5 - Liability and Immunity Considerations for Judicial Officers and Employees
Bench Book - 5.1 Introduction
With thousands of offenders under supervision under the Interstate Compact for Adult Offender Supervision (ICAOS, or the Compact), lawsuits against the judicial officials, correctional officials, and others who administer the Compact are inevitable. This…
Bench Book - 5.2 Liability
The two principal pathways through which government officers might face legal liability through their work related to ICAOS are (1) federal civil rights lawsuits under 42 U.S.C. § 1983 and (2) state law tort claims. Plaintiffs will also sometimes attempt…
Bench Book - 5.2.1 Liability under 42 U.S.C. § 1983
One of the primary vehicles through which officials might be sued for their work related to the Compact is 42 U.S.C. § 1983 (Section 1983), a federal statute that creates a cause of action for violations of a person’s civil rights. The statute gives a…
Bench Book - 5.2.1.1 No Statutory Right under ICAOS Itself
The federal right in question in a Section 1983 action is typically a constitutional right (for example, the right to equal protection under the law or the right to be free from an unreasonable search under the Fourth Amendment to the United States…
Bench Book - 5.2.1.2 Constitutional Violations Related to ICAOS
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
Bench Book - 5.2.1.3 No Supervisor Liability under Section 1983
In general, Section 1983 liability will not be predicated solely on a theory of respondeat superior. For example, a chief probation officer or other supervisor or manager will not automatically be deemed vicariously liable simply because he or she sits…
Bench Book - 5.2.1.4 No Substitute for Appeal or Habeas Corpus
In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court clarified that a Section 1983 action should not be used to challenge the validity of a criminal judgment. If the alleged civil rights violation would be one that would render a conviction,…
Bench Book - 5.2.1.5 Official Capacity versus Individual Capacity
Plaintiffs can bring Section 1983 actions against defendants in their official capacity or in their individual capacity. Defendants sued in their official capacity will generally be immune from suits for money damages under the Eleventh Amendment to the…
Bench Book - 5.2.1.6 Persons Acting under Color of Law
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
Bench Book - 5.2.2 State Tort Claims
In addition to civil rights lawsuits, offenders (and others) sometimes file tort claims related to conduct arising under the Compact. In many cases some form of immunity will apply, and questions related to immunity will generally turn on the state law of…
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…
Bench Book - 5.2.2.2 Tort Claims by Others
An unfortunate fact pattern that arises from time to time is when a Compact offender causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional or judicial…
Bench Book - 5.2.3 Claims under the Compact Itself
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
Bench Book - 5.3 Immunity and Related Defenses
Under the doctrine of sovereign immunity, the government may not be sued without its consent. The concept flows from the common-law notion that the “the king can do no wrong” and that a lawsuit could not be brought against him in his own courts. Through…
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…
Bench Book - 5.3.1.1 Official Capacity versus Individual Capacity
Eleventh Amendment immunity also extends to state government officers and employees to the extent that they are sued in their official capacity, but not to suits against them in their individual capacity. The distinction between official-capacity and…
Bench Book - 5.3.1.2 No Protection for Local Governments
Eleventh Amendment immunity does not extend to the political subdivisions of a state (its municipalities and counties) or to the officers and employees of those subdivisions. Mt. Healthy Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977). Those…
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…
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…
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…
MISSION & ACKNOWLEGEMENTS
Mission Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and victims’ rights.…
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