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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Conditions
Conditionssupervision receiving state … 2019 … Bench Book - 3.6 Conditions
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
… Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The …
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that … (Ohio Ct. App. 8th Dist., July 8, 2004). … conditions of supervisionoffender … parole … probation … receiving …
(a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on an offender if that condition would have been imposed on an offender sentenced in the receiving state. (b) A receiving state shall notify a…
… (a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on … (c) A sending state shall inform the receiving state of any conditions to which the offender is subject at the time the …
Courts and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the underlying offense, promote offender rehabilitation, not unreasonably impinge on…
… and paroling authorities have wide latitude in imposing conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the … Carolina to notify the sending state of such condition of supervision ‘at the time of acceptance or during the term of
The sending state shall give the same force and effect to conditions imposed by a receiving state as if those conditions had been imposed by the sending state. History: Adopted October 26, 2004, effective January 1, 2005; amended October 4, 2006,…
… The sending state shall give the same force and effect to conditions imposed by a receiving state as if those … September 14, 2016 , effective June 1, 2017. … conditions of supervisionoffender … receiving state … supervision in …
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…
… For purposes of revocation or other punitive action, a sending state is … action even though it was not part of the original plan of supervision established by the sending state. Conditions may be imposed by the receiving state at the time …
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…
… An offender against whom retaking procedures have been … state shall not be admitted to bail or other release conditions in any state. History: Adopted November 4, 2003, … process … detention … retaking … 2008 … Rule 5.111 - Denial of bail or other release conditions to certain offenders …
Clarification as to the eligibility for transfer of supervision of an offender subject to “deferred sentences” pursuant to Section 2.106 of the amended rule adopted March 12, 2004.
… Clarification as to the eligibility for transfer of supervision of an offender subject to “deferred sentences” … under the same eligibility requirements, terms, and conditions applicable to all other offenders under this …
A person who is released from incarceration under furlough, work-release, or other preparole program is not eligible for transfer under the compact. History: Adopted November 3, 2003, effective August 1, 2004.
… August 1, 2004. … conditional release … eligibility … offender … prerelease investigation … eligibility … 2004 … Rule 2.107 - Offenders on furlough, work release …
… 2004 … Deferred Sentence – means a sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court. … Definition - Deferred …
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…
… One area for potential confusion centers on the issue of treatment in lieu of supervision or treatment as supervision. In such cases, … more) if the receiving state declines to accept the case. … conditions of supervision … eligibility … transfer … …
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…
… courts without its consent. It will generally be a matter of state law, and of course not every state is the same. … acts under the Uniform Act for Out-of-State Parolee Supervision were discretionary, and thus found them to be … transfers under ICAOS Rule 3.101-2 or the imposition of conditions under Rule 4.103 , than he or she would carrying …
… 2379 … 2373 … 2372 … 2362 … 2356 … 2355 … 2354 … supervision … 2397 … 2408 … 2422 … 2423 … 2424 … 2425 … … Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a … supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the …
… 2380 … 2373 … 2372 … 2364 … 2353 … plan of supervision … 2397 … 2408 … 2411 … 2414 … definitions … 2004 … employment or viable means of support and the terms and conditions of supervision. … Definition - Plan of Supervision
… … 2455 … definitions … 2005 … Compliance – means that an offender is abiding by all terms and conditions of supervision, including payment of restitution, family …
… Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender‘s parole or probation. … …
The Compact Clause of the U.S. Constitution states, “No State shall, without the consent of Congress, . . . enter into any agreement or Compact with another State . . . .” U.S. CONST. art. I, § 10, cl. 3. Though a strict reading of the Compact Clause…
… The Compact Clause of the U.S. Constitution states, “No State shall, without … , 148 U.S. at 521–22. Alternatively, Congress may attach conditions to its consent. Conditions can be proscriptive … PRACTICE NOTE: Article XI of the Interstate Compact for the Supervision of Adult Offenders authorizes the Interstate …
An offender who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition of acceptance of the transfer. Such “pre-acceptance” requirements imposed on otherwise…
… An offender who is otherwise eligible for transfer under Rule … operate to foreclose offenders from transferring their supervision. See also ICAOS Advisory Opinion 5-2006 … is not imposed on offenders in receiving state). … 2373 … conditions of supervision … eligibility … offender … sex …
Whether a receiving state may require all documents concerning the offender which it considers relevant and the authority to return an offender whom it determines can no longer be safely supervised in that state as conditions precedent to accepting a…
… a receiving state may require all documents concerning the offender which it considers relevant and the authority to … can no longer be safely supervised in that state as conditions precedent to accepting a transfer of supervision of an offender under the compact. … Issued by: …
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 “…
… In addition to traditional cases where an offender is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended … under the same eligibility requirements, terms and conditions applicable to all offenders under this Compact. …
Whether a receiving state can predicate acceptance to a residential program with a condition obligating the sending state to retake if the offender fails to complete the program. If this condition is acceptable, would the Commission sustain a request to…
… a condition obligating the sending state to retake if the offender fails to complete the program. If this condition is … 3.101-2 states: (a) A sending state may request transfer of supervision of an offender who does not meet the eligibility … the program in the receiving state. Rule 4.103 2 regarding conditions states: a) At the time of acceptance or during …
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…
… supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means … approved place of residence or employment and avoiding supervision; Arrival means to report to the location and … Retaking means an act or pattern of non-compliance with conditions of supervision that could not be successfully …
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…
… As discussed, the transfer of supervision of an offender is mandatory in some … example, Rule 4.103 allows the receiving state to impose conditions post-transfer. Conceivably this could include a …
The other circumstances in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family member with whom the offender resides with to another state. Rule 3.101-1(a)(3) and…
… in which a receiving state is mandated to accept supervision include the employment transfer of an offender and the employment transfer of a family … remaining; are in substantial compliance with the terms and conditions of their supervision; have a valid plan of
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto … information is a legitimately necessary element in the supervision of an offender, such a release of information … , 340 F. Supp. 2d 1142, 1144-46 (D. Colo. 2004). … 2375 … conditions of supervisionoffender … supervision … terms …
Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the receiving state at the time of sentencing and of Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending state is required to provide details of…
… 2363 … Clarification of Rule 3.101-3(c)(1) regarding sex offenders living in the … Rule 4.103 regarding imposition and enforcement of special conditions. 1. Whether a sending state is required to … or court ordered parole or are under community parole supervision for life are required to be monitored using a …
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…
… requires the receiving state to prepare a written report of the hearing within 10 business days and to transmit the … that the offender did not commit the alleged violations of supervision. It is important that Rule 5.108 be read in conjunction with other rules regarding retaking and conditions, since this may affect the outcome of the …
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…
… The ICAOS recognizes that the transfer of supervision (and hence the relocation of an offender) is a … have also recognized that under an interstate compact, conditions can be attached to the transfer of supervision
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this …
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