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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… 2378 … 2368 … 2348 … 2383 … detainer … 2397 … 2432 … 2440 … 2442 … 2450 … 2451 … definitions … 2004 … Detainer – means an order to hold an offender in custody. … Definition - Detainer  …
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.  
… June 1, 2017.   … arrest … conditions of supervision … detaindetainer … offender … retaking … supervision in receiving … violations … 2017 … Rule 4.109-1 - Authority to arrest and detain
A receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender’s retaking by the sending state. History: Adopted November 4, 2003, effective August 1, 2004.
… A receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the … Adopted November 4, 2003, effective August 1, 2004. … detaindetainer … receiving state … detention … retaking … 2004 … …
(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that– No detainer has been…
… the offender’s release from that facility provided that– No detainer has been placed against the offender by the state … Adopted November 4, 2003, effective August 1, 2004. … detaindetainer … offender … retaking … detention … retaking … 2004 …
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…
… and 5.103 apply. See Rule 5.101-2 . … arrest … conviction … detaindetainer … discretionary … offender … retaking … violations …
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…
… 2007, effective January 1, 2008. … 2348 … arrest … denial … detain … due process … detention … retaking … 2008 … Rule …
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…
… offender, the sending state must issue a warrant and file a detainer with the holding facility when the offender is in … recognized the right of a receiving state to arrest and detain an offender based on such a request from a sending … over the offender). PRACTICE NOTE: An offender arrested and detained for violating the conditions of supervision may …
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…
… pending retaking. … behavior requiring retaking … by-laws … detaindetainer … due process … offender … receiving state … …
(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…
… 4, 2003, effective August 1, 2004. … 2368 … 2383 … arrest … detain … offender … retake … retaking … violations … warrant …
(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 warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in … state. (e) The sending state shall keep its warrant and detainer in place until the offender is retaken pursuant to …
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…
… in the receiving state, the sending state shall file a detainer with the holding facility where the offender is … incarcerate the offender. … abscond … absconder … arrest … detaindetainer … probable cause … probable cause hearing … …
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…
… bail on the new offense, may be subsequently arrested and detained for retaking by the sending state pending the … Vermont is asking if it is permissible to arrest and detain the offender until consent is given to Florida to … 4.109-1 provides: “Rule 4.109-1 Authority to arrest and detain An offender in violation of the terms and conditions …
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 … regarding the power of Florida officials to arrest and detain an offender whose supervision was transferred … there is no authority for its officers to arrest and detain an out-of-state offender for violating the terms and …
Published November 1, 2013 The ICAOS Executive Committee has requested this ‘white paper’ resulting from several recent cases in which courts, prosecuting attorneys, and probation and parole officers have apparently lacked awareness or ignored the…
… a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in … B.S. … abscond … absconder … conditions of supervision … detaindetainer … discharge … retaking … revocation … supervision …
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…
… any Compact member state is obligated to arrest and detain absconding offenders. Based upon the provisions of … offenders who abscond and are subsequently arrested, detained and returned to the sending state have no federal … … absconder … arrest … behavior requiring retaking … detaindetainer … failure to arrive … offender … receiving …
Clarification of rule 4.112 and closing supervision by the receiving state.
… longer and receipt from the sending state of a warrant and detainer or other acknowledgement by the sending state of … If the sending state fails to provide the warrant and detainer or other acknowledgement within 90 days of … or failure of the sending state to provide warrant and detainer (per subsection (a)(3); notification of death (per …
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.…
… References: ICAOS Advisory Opinions 2-2005 [Arresting & Detaining Compact Probationers and Parolees. Authority of …
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…
… absconder should be held subject to retaking bonds or to be detained on bonds set in connection with a new offense.] …
(a) Upon a request from the receiving state, a sending state shall retake an offender from the receiving state or a subsequent receiving state after the offender’s conviction for a new felony offense or new violent crime and: completion of a term of…
… a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in …
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…
… on bonds for absconders subject to retaking or should they detain offenders with a bond established by a new offense? … or absconders subject to retaking bonds or whether to detain offenders with bonding established by a new offense? … absconder should be held subject to retaking bonds or to be detained on bonds set in connection with a new offense. 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…
… 2-2005 [An out of state offender may be arrested and detained by a receiving state who are subject to retaking …
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…
… address and whereabouts. He was arrested and improperly detained for seven days. Notwithstanding the finding that … that it would apply to its own supervisees— including detaining them when they had other charges pending, as was … did not violate an offender’s constitutional rights by detaining him without bond during the pendency of charges in …
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…
… committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of … … behavior requiring retaking … conditions of supervision … detaindetainer … due process … offender … probable cause … …
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…
… … conditions of supervision … consistent supervision … detainer … offender … receiving state … sex offender … …
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
… to Kansas alleged that Kansas officials were negligent in detaining him for more than five months after a preliminary …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… 115 (Tex. 1962). The availability of habeas corpus to a detained offender may also be affected by recent changes to …
Congressional consent can significantly change the nature of an interstate Compact. “[W]here Congress has authorized the States to enter into a cooperative agreement, and where the subject matter of that agreement is an appropriate subject for…
… of a Compact. For example, the Interstate Agreement on Detainers (to which the United States is also a signatory) …
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…
… terms and conditions of supervision ordered by the court. Detainer – means an order to hold an offender in custody. … … conditions of supervision … deferred sentencing … detainer … extradition … fees … offender … probable cause … …
Rules governing supervision in the receiving state under the compact of the Interstate Commission for Adult Offender Supervision
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