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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Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
… absconding offender, a sending state must issue a national arrest warrant on notification that the offender has … and incarcerate the offender. … abscond … absconder … arrest … detain … detainer … probable cause … probable cause … offenders … violations … warrants … 2019 … Bench Book - 4.6 Arrest of Absconders …
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.  
… amended September 14, 2016 , effective June 1, 2017.   … arrest … conditions of supervision … detain … detainer … … retaking … violations … 2017 … Rule 4.109-1 - Authority to arrest and detain …
The courts have defined the relationship between sending state and receiving state officials as an agency relationship. Courts recognize that in supervising out-of-state offenders the receiving state acts on behalf of and as an agent of the sending state…
… v. Virginia , 676 S.E.2d 343, 348 (Va. App. 2009). The arrest of an out-of-state offender may occur under one of … First, an out-of-state offender is clearly subject to arrest and detention for committing a new offense in the … an offender necessarily carries the implied authority to arrest an offender for committing an offense. Second, an …
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…
… and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the … state as instructed results in the issuance of a nationwide arrest warrant “effective in all Compact member states, … specific geographical area.” Id. Absconders are subject to arrest in all Compact member states, not only the receiving …
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006…
… September 26, 2007, effective January 1, 2008. … 2348 … arrest … denial … detain … due process … detention … …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
… November 4, 2003, effective August 1, 2004. … 2368 … 2383 … arrest … detain … offender … retake … retaking … violations …
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…
… retake if Rules 5.102 and 5.103 apply. See Rule 5.101-2 . … arrest … conviction … detain … detainer … discretionary … …
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
… 2385 … Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the … opinion concerning the authority of its officers to arrest an out-of-state offender sent to Florida under the …
A receiving state shall supervise offenders consistent with the supervision of other similar offenders sentenced in the receiving state, including the use of incentives, corrective actions, graduated responses, and other supervision techniques.…
… techniques. References: ICAOS Advisory Opinions 2-2005 [Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the …
… statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the …
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…
… 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 state … Vermont. Florida responded to the violation report with an arrest warrant. However, by the time the warrant was …
Can a receiving state make a determination that an offender is not in substantial compliance in the sending state, when the offender commits a crime in the receiving state during the period of investigation, or when the offender has an outstanding warrant…
… offender not being in substantial compliance because of an arrest for a new offense in the receiving state during the … the offender was not available for supervision due to a new arrest. This resulted in incarceration pursuant to the arrest but prior to either a trial or conviction. The …
(a) Upon a request by the receiving state and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from the receiving state or a subsequent receiving state within…
… Advisory Opinions 2-2005 [An out of state offender may be arrested and detained by a receiving state who are subject …
Government officials sued in their individual capacity have what is known as qualified immunity from suits for damages to the extent that their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person…
… violated an offender’s constitutional rights by seeking his arrest without reasonable suspicion. However, because the level of suspicion necessary to arrest a probationer had not been established “beyond …
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…
… probationer’s Fourth Amendment rights when they sought his arrest without a reasonable suspicion of a violation. The … about the probationer’s address and whereabouts. He was arrested and improperly detained for seven days. …
Guidance Concerning Out-of-State Travel for Sex Offenders Issue #1: Whether a receiving state’s compact administrator may prohibit an offender, whose supervision was transferred to the receiving state pursuant to ICAOS, from traveling outside of the…
… ICAOS Bench Book for Judges and Court Personnel, Ch. 4.4 Arrest and Detention of Offenders in the Receiving State …
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…
… are without power to release on bail or bond a parolee arrested and held in custody for violating his parole. The …
Whether an offender who has been granted a conditional pardon in the Commonwealth of Virginia and is transferred to a secure treatment facility in the State of Florida is eligible for transfer under the Interstate Compact for Adult Offender Supervision?
… of the Governor, subject the offender to immediate arrest and incarceration to complete the terms of his …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence or employment and avoiding…
… statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the …
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…
… an unqualified right to leave the jurisdiction prior to arrest or conviction). See also United States v. Pugliese , …
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…
… the date of the parolee’s delinquency to the date of his arrest should not be counted as part of the time to be …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. Adult – means both individuals legally classified as…
… statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in 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…
This on-demand training module provides an introduction to ICAOS and rules relevant to Judges, attorneys and other court personnel.
Rules governing supervision in the receiving state under the compact of the Interstate Commission for Adult Offender Supervision
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