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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Clarification of rule 4.112 and closing supervision by the receiving state.
… found and apprehend and retake the offender notwithstanding case closure under Rule 4.112 with the exception of cases in which the original term of supervision has expired. …
(a) The receiving state may close its supervision of an offender and cease supervision upon– The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;…
… (c) At the time a receiving state closes supervision, a case closure notice shall be provided to the sending state which … and employment. The receiving state shall transmit a case closure notice within 10 business days after the …
Rejection of Transfers Based on Outstanding Warrants. "May a state reject a transfer request from an offender, who is a resident of that state and has verified employment, when there are warrants or pending charges in the receiving state?”
… application of this process “Wisconsin states that in one case, the offender was an inmate awaiting release from … state. The rejection included the statement that the case would not be accepted until all charges were resolved. In the second case, reporting instructions were denied due to an …
Generally, how should states manage an occurrence when offenders located in receiving states abscond, triggering case closure, but are later apprehended in the jurisdiction of the receiving state? And, is the receiving state required to reopen the case in…
… offenders located in receiving states abscond, triggering case closure, but are later apprehended in the jurisdiction of … state? And, is the receiving state required to reopen the case in ICOTS? Specifically, the following questions arise …
An offender being in the receiving state prior to investigation as a valid reason for rejection.
… as a valid reason for rejection. Does it matter if the case is a mandatory case or not? Does the Compact allow for the receiving state … the rules as referenced above. … investigation … rejecting cases … transfer request … transfer … 9-2006 … 2407 … 2408 … …
Whether ICAOS Rule 4.112 (a) (1) permits a sending state to properly direct a receiving state to close interest in a supervision case upon modification of the sentencing order in the sending state so that the status of the transferred offender no longer…
… direct a receiving state to close interest in a supervision case upon modification of the sentencing order in the … the compact but the sending state does not terminate the case. … Issued by: Harry E. Hageman, Executive Director and … At the time a receiving state closes supervision, a case closure notice shall be provided to the sending state which …
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…
… state has no discretion whether or not to accept the case as long as the offender satisfies the criteria provided … by the sending state.” The facts of the Illinois case that prompted this request involved an offender who met … state during the period of investigation. In another case Illinois reported that the receiving state indicated it …
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
… Adopted November 4, 2003, effective August 1, 2004. … case closure … period of supervision … receiving state … …
This on-demand training module gives an overview of ICAOS rules intended for Parole Board Members.
… … ICAOS 403 Agency-Parole Board Training … criminal case … eligibility … offender … on demand training … parole …
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.…
… determinable only by the sending state. … 2360 … criminal case … offender … parole … probation … revocation … …
What is the effect of a Washington statute providing that the Department of Corrections is not authorized to supervise certain offenders who are sentenced to a term of community custody, community placement, or community supervision on supervision cases…
… placement, or community supervision on supervision cases under the compact. … Issued by:  Harry E. Hageman, … report through kiosk-only provisions. Nonetheless, even in cases in which the Washington law’s supervision requirements … the Washington law’s preclusion of supervision, such a case would meet the definition of supervision under the …
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…
… related those injuries or deaths. In some of those case, courts will find that the officials’ actions were not … & Parole , 564 P.2d 1227 (Ariz. 1977). And finally in many cases, resolution of the case will turn on the various immunities enjoyed by the …
This on-demand training consists of 9 parts relevant to various responsibilities of State Compact Staff and Administrators. Participants can customize their training by choosing only those sections relevant to their duties. Topics include: Overview of…
… Assistance as well as State Admin functions for Expunging case records, removing Duplicate Records, Editing … Assistance as well as State Admin functions for Expunging case records, removing Duplicate Records, Editing … … data collection … icots … on demand training … rejecting cases … training modules … user agreement … user management …
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…
… related to conduct arising under the Compact. In many cases some form of immunity will apply, and questions … the sending or receiving state. Nevertheless, some of the cases in which tort claims have been raised are …
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,…
… be one that would render a conviction, sentence, or—in the case of a Compact offender—a probation or parole revocation … then it should be raised either as part of the criminal case or appeal or through habeas corpus. The distinction can … to specific conditions of probation in an ongoing case should be raised through a petition for habeas corpus, …
In Texas v. New Mexico, the Supreme Court sustained exceptions to a Special Master’s recommendation to enlarge the Pecos River Compact Commission, holding that one consequence of a Compact becoming “a law of the United States” is that “no court may order…
… otherwise invite.” 523 U.S. 767, 769 (1998). Although these cases were original jurisdiction cases in the U.S. Supreme Court, other courts applied this principle to consider appropriate relief in cases involving interstate commissions and states’ …
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…
… right. Instead, the analysis typically focuses on whether case law from the Supreme Court, the controlling federal … or the state high court had already decided a similar case or articulated a clearly governing rule. Few ICAOS cases have reached those courts, and even fewer have …
(a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has…
… (a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon … of the receiving state that issued the violation report and case closure, the receiving state shall, upon request by the …
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…
… offender successfully complies with the court’s order, the case is dismissed and no criminal judgment is entered. If … a “deferred prosecution” and a “deferred sentence.” In both cases, the offender is generally required to stipulate to … of conviction and then suspend sentencing (as is the case in deferred sentencing), the court nevertheless accepts …
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…
… to the terms of that Compact. Since the very first Compact case, the U.S. Supreme Court has consistently held that a … contract law principles to Compact interpretation). In the case of the Interstate Commission for Adult Offender … but rather a compulsory and binding process for applicable cases. … interstate compacts … 2019 … Bench Book - 1.1 Who …
Under the Eleventh Amendment to the United States Constitution, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State…
… from units of state government in federal court. In many cases, the application of that rule will be straightforward. … Board immune from suit on Eleventh Amendment grounds in a case involving an offender’s interstate transfer from Iowa …
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…
… for Compacts involves an amalgamation of Compact texts and case law from federal and state courts throughout the … also use the texts of other Compacts and corresponding case law for generally applicable principles of Compact law. …
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
… discusses the due process rights outlined by supreme court cases Morrisey v Brewer & Gagnon v Scarpelli which provided … discusses the due process rights outlined by supreme court cases Morrisey v Brewer & Gagnon v Scarpelli which provided …
Some Compacts authorize the interstate commission to seek judicial action to enforce the Compact against a party state. Article XII.C of the ICAOS is a good example. See Interstate Comm’n for Adult Offender Supervision v. Tennessee Bd. of Prob. &…
… v. North Carolina , 560 U.S. 330, 352–57 (2010). Many cases involve third parties seeking to enforce a Compact, … States Marine Fisheries Compact against a state). In some cases, courts expressly conclude that third parties may … that third parties may not bring actions. However, recent case law clarifies that absent language showing an intent to …
(a) For an offender returning to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent criminal offense in the receiving state. The receiving…
… pursuant to Rule 4.109-2 . (e) In a victim sensitive case, the sending state shall not provide reporting … sending state as required in Rule 4.105 (a) and submit a case closure as required by Rule 4.112 (a)(5) . The sending state …
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…
… a right enumerated in the Constitution. Numerous reported cases give examples of the type of constitutional violations … relation to their supervision under the Compact. A leading case is Doe v. Pennsylvania Board of Probation and Parole , 513 F.3d 95, the Third Circuit case noted in the subsection immediately above. In Doe , a …
(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…
… found and apprehend and retake the offender notwithstanding case closure] History: Adopted November 4, 2003, effective August …
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…
… in lieu of supervision or treatment as supervision. In such cases, courts may be inclined to defer sentence and require … days or more) if the receiving state declines to accept the case. … conditions of supervision … eligibility … transfer … …
Where state law and a Compact conflict, courts are required under the Supremacy Clause (for Compacts with consent) and as a matter of contract law to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like the…
… to apply the terms and conditions of the Compact to a given case. The fact that a judge may not like the effect of a … silent about how states may apply their own state law. In cases involving such Compacts, courts use different analyses … Toll Bridge Comm’n, 311 F.3d 273 (3d Cir. 2002) (citing cases and also noting New Jersey state courts use a less …
Published December 19, 2018 At the request of the Interstate Commission for Adult Offender Supervision’s (ICAOS) Executive Committee, the following legal analysis has been prepared in order to serve as a resource documenting the legal implications of the…
… exception is critical for anyone considering taking a case to trial. However, each jurisdiction may have its own … the offender in question is a product of criminal justice case history provided by both the sending state from which … different from the officer that created the initial compact case record, edits should include contemporaneous …
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