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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(a) A receiving state shall complete investigation and respond to a sending state’s request for an offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact…
… (a) A receiving state shall complete investigation and respond to a sending state’s request for … determines there is an alternative plan of supervision for investigation, the receiving state shall notify the sending … 11, 2017 , effective March 1, 2018. … 2373 … compliance … investigation … offender … receiving state … transfer …
Whether a receiving state's acceptance of a transfer request under ICAOS Rule 3.105 (a) or approval of reporting instructions be the cause of a release of an offender from a correctional facility which would otherwise keep the offender incarcerated?…
… or the planned release date. … offender … prerelease investigation … 2-2012 … 2416 … 2423 … eligibility … 2012 … …
(a) A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to an offender’s planned release from a correctional facility. (b) If a pre-release transfer request has been submitted, a sending state…
… 2013 , effective March 1, 2014. … 2359 … 2352 … prerelease investigation … transfer request … transfer of supervision … …
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.
… … conditional release … eligibility … offender … prerelease investigation … eligibility … 2004 … Rule 2.107 - Offenders …
An offender being in the receiving state prior to investigation as a valid reason for rejection.
… An offender being in the receiving state prior to investigation as a valid reason for rejection. … Issued by: … an offender being in the receiving state prior to the investigation being completed as a valid reason for … Does the Compact allow for the receiving state to hold the investigation until the sending state returns the offender …
Time allowed for investigation by receiving state, Rule 4.101 - Manner and degree of supervision.
… Time allowed for investigation by receiving state, Rule 4.101 - Manner and … concerning the application of Rule 3.104-Time allowed for investigation by Receiving State and Rule 4.101 -Manner and … before they respond to the sending state’s transfer investigation request?” “Under Rule 4.101, may the receiving …
(a) Except as provided in sections (c) & (d), and subject to the exceptions in Rule 3.103 and 3.106, a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required…
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
Through its rules, the Commission allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that…
… eventually reject the transfer of supervision upon a full investigation. In such event, the offender is required to …
(a) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of…
… 4.111 . References: ICAOS Advisory Opinions 3-2007 [If the investigation has not been completed, reporting instructions … be issued as provided in Rule 3.103(a). Upon completion of investigation, if the receiving state subsequently denies …
The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of…
… 3.103, the receiving state may deny the transfer if the investigation reveals the offender does not satisfy the …
As discussed, offenders have no constitutional travel rights and states have no constitutional obligations to open their doors to offenders from other states. Thus, ICAOS is the only mechanism by which states can regulate the interstate movement of adult…
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… eligible offenders to travel to a receiving state pending investigations are in violation of Rule 2.110 and Rule …
(a) When an offender submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall, at the time of notification to the victim as required…
(a) A sending state may request that a receiving state agree to expedited reporting instructions for an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination. If the receiving…
… offender who is granted reporting instructions during the investigation of the offender’s plan of supervision upon the …
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
… 3.102 (c) . References: ICAOS Advisory Opinions 1-2008  [An investigation in such cases would be largely meaningless …
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…
… commits a crime in the receiving state during the period of investigation, or when the offender has an outstanding … commits a crime in the receiving state during the period of investigation, or when the offender has an outstanding … a new offense in the receiving state during the period of investigation. In another case Illinois reported that the …
(a) A transfer request for an offender shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the circumstances, type…
… state along with supportive documentation; pre-sentence investigation report, unless distribution is prohibited by …
Denial of Reporting Instructions
… in Pennsylvania at the time of sentencing. This is based on investigations of home plans for such offenders establishing … the receiving state at the time of sentencing based upon an investigation which reveals that an offender does not have a … a plan of supervision, as Pennsylvania points out, where an investigation of a home plan reveals that a sex offender or …
(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…
… instructions, unless the offender is under active criminal investigation or is charged with a subsequent criminal …
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…
… conditions on an offender resulting from any allowable investigation once transfer is accepted. In seeking to …
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…
… to be in substantial compliance] 5-2006  [Time allowed for investigation by receiving state, Rule 4.101 - Manner and …
Clarification of Rule 3.105 - transfer request for offenders incarcerated at the time the request is submitted. Whether a sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the…
… the delay in processing a sending state’s request for an investigation of a transfer of an offender serving a ‘split …
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…
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…
… of the offender’s eligibility for transfer. If an investigation by the receiving state reveals a failure to … the application for transfer could properly be denied.” An investigation in such cases would be largely meaningless …
Clarification of 90 day period of supervision is determined.
… of a transfer request, acceptance of an offender, investigation, reporting instructions, expedited transfers …
Offenders in Federal Housing
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…
… of Defendant on Plea of Guilty and any pre-sentence investigations; and 2) A commitment that Washington will be … state along with supportive documents; (8) pre-sentence investigation report, if available; (9) supervision history, …
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…
Clarification on Offenders being charged fee by sending state after transferred to receiving state.
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