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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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…
… occurring in another state. Rule 5.101-2 provides a discretionary process for a sending state to timely dispose … Rule 5.101-2 . … arrest … conviction … detain … detainer … discretionary … offender … retaking … violations … 2437 … … receiving state … violations … 2019 … Bench Book - 4.5 Discretionary Disposition of Violation …
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender…
… consistent with the purpose of the compact specifying the discretionary reasons for rejection. References: ICAOS … Rule 3.101 are eligible for transfer of supervision as a discretionary transfer] 8-2006 [Special condition(s) imposed on discretionary cases may result in retaking if the offender …
(a) Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
… … returning offenders … violations … 2014 … Rule 5.101 - Discretionary retaking by the sending state …
Are offenders who are not eligible to transfer under the provisions of Rule 3.101 (a) or Rule 2.105 of the Rules of the Interstate Compact for Adult Offender Supervision permitted to transfer under Rule 3.101 (c) as a discretionary transfer?
… Supervision permitted to transfer under Rule 3.101 (c) as a discretionary transfer? … Issued by: Don Blackburn, … be permitted to transfer under Rule 3.101 (c) as a discretionary transfer Applicable Rules & Statute Article I … for transfer of supervision under Rule 3.101 (c) as a discretionary transfer. … discretionarydiscretionary
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…
… filed—state officials are immune from tort suits for their “discretionary” acts (those requiring personal deliberation, … the Uniform Act for Out-of-State Parolee Supervision were discretionary, and thus found them to be immune from suit on … under the Eleventh Amendment.) The distinction between discretionary and ministerial (some states use different …
Notwithstanding any other rule, a sentence imposing a period of incarceration on an offender convicted of a new crime which occurred outside the sending state during the compact period may satisfy or partially satisfy the sentence imposed by the sending…
… Adopted October 7, 2015 , effective March 1, 2016. … discretionary … offender … violations … 2436 … 2440 … 2441 … violations … 2016 … Rule 5.101-2 - Discretionary process for disposition of violation in the …
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
… laws that are conflicting. Id at p. 29.” … compliance … discretionary … due process … immunity … liability … …
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
… offender’s prior offense was an “operational” (that is, not discretionary) deficiency for which sovereign immunity would … 658 P.2d at 424. … compact administrator … compact office … discretionary … immunity … judicial … liability … mandatory …
Judges have absolute immunity from liability as long as they are performing a judicial act and there is not a clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge is not deprived of absolute immunity from liability for…
… Cir. 1992). … compact administrator … compact office … discretionary … due process … immunity … judicial … …
This on-demand training module reviews key definitions in determining eligibility for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as qualifying reasons for reporting instructions. This module is approximately…
… for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as qualifying reasons for … for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as qualifying reasons for …
Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101. The offender has no constitutional right…
… one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender … acceptance criteria. However, acceptance of supervision is discretionary with the receiving state under circumstances … and employment requirements may be transferred under the discretionary provisions of the rules. See ICAOS Advisory …
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…
… However, a different rule may apply in the context of a discretionary transfer under Rule 3.102 . In this latter … The rule of “reasonableness” applies to mandatory and discretionary transfers without distinction. … behavior …
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…
… in a treatment facility in the receiving state is clearly a discretionary transfer under Rule 3.101-2 given that the … seeks to add a condition to the acceptance of a discretionary transfer for treatment requiring the sending … both the mandatory transfer criteria of Rule 3.101 and discretionary transfers under Rule 3.101-2 that the …
Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing…
… could be grounds for retaking. The same rule would apply to discretionary transfers under Rule 3.101-2 . See Critelli v. …
This on-demand training module explains the processes required for transferring supervision to a receiving state. This includes requirements for a transfer request and for reporting instructions for qualifying offenders. This module is approximately 25…
… 102-Transferring Supervision … conditions of supervision … discretionary transfer … mandatory … offender … on demand …
Clarification on offenders who are undocumented immigrants.
… 5.103-1. Further, if an offender is transferred under the ‘discretionary transfer’ provisions of Rule 3.101-2, the … In the event that the offender was transferred under the ‘discretionary transfer’ provisions of Rule 3.101-2 and the … has added a special condition to the acceptance of said discretionary transfer which would require retaking of the …
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…
… a series of recommended procedures or easily disregarded discretionary proposals of convenience. Moreover, they are …
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more…
… criteria of 2.105 may be transferred under Rule 3.101-2, discretionary transfer] 7-2006  [There are no exceptions to …
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 out-of-state treatment programs is typically a “discretionary” transfer unless the offender meets the …
An offender being in the receiving state prior to investigation as a valid reason for rejection.
… under supervision under Rules 3.101 and 3.101-1 as well as discretionary transfers of offenders under Rule 3.101-2. The …
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…
… movement of offenders across state lines. The ICAOS is not discretionary; rather, it binds the member states, state …
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender: (a) has more than 90 calendar days or an indefinite…
… Supervision permitted to transfer under Rule 3.101 (c) as a discretionary transfer?] 8-2005  [The sending state …
Whether an offender whose sentence in Maryland includes a requirement of successful completion of two (2) years in the Home Detention Program (HDP), or other such program in another state, should be considered to be subject to the Interstate Compact for…
… two (2) year period of Home Detention, Maryland submitted a Discretionary Transfer Request indicating that he is a …
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…
… noted that a special duty can arise under Kansas law for nondiscretionary responsibilities that an officer is required … report to Missouri in a timely fashion. Because no other nondiscretionary rule applied with respect to the offender’s … Still, it is important to note the distinction between discretionary and nondiscretionary acts, which can play a …
Authority to Issue Travel Permits Authority of judges and probation or parole officers to permit certain offenders to travel outside of Texas who, by reason of the type of crime committed or the duration of the travel, are not eligible for transfer of…
… protected right to travel. State judges have inherent discretionary authority to determine whether an offender …
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…
… supervision to another state is therefore purely discretionary and involves little if any due process …
Rules governing retaking an offender under the compact of the Interstate Commission for Adult Offender Supervision
Rules governing transfer of supervision under the compact of the Interstate Commission for Adult Offender Supervision
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