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.

Displaying 1 - 30 of 650
Bench Book - 3.7 Sex Offender Registration
Courts have generally upheld sex offender registration requirements for offenders whose supervision transfers under an interstate Compact so long as such registration requirements are not discriminatory. Thus, a receiving state may impose sex offender…
Advisory Opinion 14-2006
Imposing fees on offenders transferring through the Compact
Advisory Opinion 13-2006
Whether an undocumented immigrant is subject to the Compact
Advisory Opinion 11-2006
Whether an offender is subject to retaking under the compact if a receiving state closes interest in a case pursuant to rule 4.112
Advisory Opinion 9-2006
Whether the offender being in the receiving state prior to investigation is a valid reason for rejection
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 5-2006
Whether a receiving state can exceed the 45 day rule to determine if a supervision plan is valid for sex offenders
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 HIPAA-2005
Guidance from the U.S. Department of Health & Human Services, Office of Civil Rights as to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Coverage & Exemptions for the Interstate Compact for Adult Offender Supervision
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
Advisory Opinion 2-2005
Whether officers can arrest and detain compact offenders for probation violations
Advisory Opinion 9-2004
Individuals and sex offenders subject to lifetime supervision (CSL)
Bench Book - 4.7 Post-Transfer Hearing Requirements
Post-Transfer Hearing Requirements
Bench Book - 4.7.1 General Considerations
Offenders, including those subject to supervision under the ICAOS, have limited rights. Conditional release is a privilege not guaranteed by the Constitution; it is an act of grace, a matter of pure discretion on the part of sentencing or corrections…
Bench Book - 4.7.2 Right to Counsel
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
Bench Book - 4.7.3 Specific Considerations for Probable Cause Hearings under ICAOS
The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a matter of privilege subject to the absolute discretion of the sending state and, to a more limited extent, the discretion of the receiving state. Courts…
Bench Book - 4.7.3.1 When a Probable Cause Hearing is Not Required
An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the offender’s violations of supervision and the right of the sending…
Bench Book - 4.7.3.2 Probable Cause Hearings when Violations Occurred in another State
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
Bench Book - 4.7.3.2.1 Offender’s Basic Rights at a Probable Cause Hearing
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…
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 - 4.7.3.2.3 Post Probable Cause Hearing
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state may detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
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…
Displaying 1 - 30 of 650