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 papersadvisory opinionstraining modulesrules and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
Waiver of Formal Extradition Proceedings
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state that the offender is not complying…
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.  
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…
Includes training for definition of 'Behavior Requiring Retaking' and Rule 5.103, explaining that documented non-compliant behavior & responses to the behavior should be reported on a violation report ONLY when invoking mandatory retaking after the…
This on-demand training module discusses reporting requirements for compact offenders who abscond per the ICAOS definition and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in the receiving state…
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…
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than ten (10) business days. Warrant requirements apply to offenders who fail to return to the…
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…
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…
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…
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
Clarification on offenders who are undocumented immigrants.
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
Whether an offender whose supervision is transferred under the Compact to the state of North Carolina and commits a violation of one or more of the terms and conditions of probation may be subjected to confinement for short periods in lieu of revocation…
Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the receiving state and arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the sending…
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the offender has been…
(a) If there is reasonable suspicion that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to: Documenting communication attempts directly to the offender, including…
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
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…
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
If the offender is entitled to a probable cause hearing, Rule 5.108(d) defines the offender’s basic rights. However, each state may have procedural variations. Therefore, to the extent that a hearing officer is unclear on the application of due process…
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