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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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…
… proper application and documentation for verification of mandatory criteria of Rule 3.101, CSL offenders are subject … 1-2010  [ICAOS member states may not refuse otherwise valid mandatory transfers of supervision under the compact on the … … 2374 … 2373 … 2372 … 2367 … 2364 … 2358 … eligibility … mandatory … offender … transfer request … transfer … …
(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…
… 2010 , effective March 1, 2011. … 2367 … 2383 … absconder … mandatory … offender … retaking … 2448 … retaking … 2011 … Rule 5.103-1 - Mandatory retaking for offenders who abscond …
REPEALED effective March 1, 2014 History: Adopted October 13, 2010, effective March 1, 2011; repealed August 28, 2013, effective March 1, 2014.
… 28, 2013 , effective March 1, 2014. … 2014 … Rule 5.103-2 - Mandatory retaking for violent offenders and violent crimes …
This on-demand training module discusses reporting requirements for compact offenders who abscond per the ICAOS definition and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in the receiving state…
… definition and requirements. This module also discusses mandatory retaking requirements when an absconder is … definition and requirements. This module also discusses mandatory retaking requirements when an absconder is … … ICAOS 203-Mandatory Retaking for Absconders Apprehended in Receiving …
(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…
… amended August 28, 2013 , effective March 1, 2014. … 2367 … mandatory … offender … retaking … violent crime … retaking … 2014 … Rule 5.102 - Mandatory retaking for a new felony or new violent crime …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
… Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony … Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony … … ICAOS 202-Mandatory Retaking for Offenders who are Convicted of a New …
States are bound to the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the force and effect of statutory law and all courts and executive agencies shall take all necessary measures to enforce their application…
… as federal law under the Supremacy Clause. … eligibility … mandatory … rules … transfer request … transfer … interstate …
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 circumstances. Receiving states are … to retake that offender if the transfer was the result of a mandatory acceptance under Rule 3.101 or Rule 3.101-1. … and public safety. The rule of “reasonableness” applies to mandatory and discretionary transfers without distinction. … …
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…
… of supervision … discretionary … discretionary transfer … mandatory … 2407 … 2410 … 2424 … liability immunity … 2019 … …
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…
… eligibility for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as … eligibility for transfer, covered offenses, criteria for mandatory and discretionary acceptances as well as …
Includes training for definition of 'Behavior Requiring Retaking' and Rule 5.103, explaining that documented non-compliant behavior & responses to the behavior should be reported on a violation report ONLY when invoking mandatory retaking after the…
… should be reported on a violation report ONLY when invoking mandatory retaking after the receiving state has exhausted … should be reported on a violation report ONLY when invoking mandatory retaking after the receiving state has exhausted …
(a) 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 for: Transfers of military members—An offender who is a member of…
… … 2435 … transfer of supervision … 2018 … Rule 3.101-1 - Mandatory reporting instructions and transfers of military, …
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…
… employment. … eligibility … employment … family … mandatory … offender … supervision … transfer request … …
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…
… … discretionary … due process … immunity … liability … mandatory … rules … violations … 2454 … compliance … …
Rule 3.101-1 addresses three categories of military individuals: (1) military personnel, (2) family members living with military personnel; and (3) veterans for medical or mental health services. Military Personnel are eligible for reporting instructions…
… Administration. … eligibility … employment … family … mandatory … military … offender … rules … supervision … …
Clarification of 90 day period of supervision is determined.
… period of supervision remaining.” … eligibility … mandatory … period of supervision … supervision … terms of …
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…
… Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The … can accept supervision of an offender who does not meet the mandatory acceptance criteria. However, acceptance of … above. For example, an offender who is ineligible for mandatory transfer due to the nature of the offense or the …
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),…
… office … discretionary … immunity … judicial … liability … mandatory … probation … victim … victim-sensitive … …
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…
… … due process … immunity … judicial … liability … mandatory … offender … parole … probation … liability …
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…
… of a warrant. See ICAOS Advisory Opinion 3-2007 . … 2363 … mandatory … offender … probation … reporting instructions … …
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…
… Ct. App. 2007). … conditions of supervision … eligibility … mandatory … supervision … supervision in receiving state … …
(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…
… conditions does not authorize a receiving state to deny a mandatory transfer of an offender under the compact who …
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…
… … conditions of supervision … discretionary transfer … mandatory … offender … on demand training … reporting …
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…
… However, a determination made in a proceeding for mandatory retaking must be made in view of Rule 5.103(a) . … 5.103(a) . To support the receiving state’s request for mandatory retaking, as well as to provide a basis for …
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…
… States v. Barringer , 712 F.2d 60 (4th Cir. 1983); and, Mandatory statutory condition prohibiting offender convicted …
An offender being in the receiving state prior to investigation as a valid reason for rejection.
… valid reason for rejection. Does it matter if the case is a mandatory case or not? Does the Compact allow for the … for the offender’s supervision. Rule 2.110 contains a mandatory requirement of compliance with the provisions and … state to a receiving state. This prerequisite applies to mandatory transfers of offenders under supervision under …
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…
… issue: Applicable Rules Rule 3.101 provides: “Rule 3.101 Mandatory transfer of supervision - At the discretion of the … state.” Rule 5.103 in relevant part provides: “Rule 5.103 Mandatory retaking for violation of conditions of … to the State of Washington, were otherwise eligible for mandatory transfer under the provisions of ICAOS Rule 3.101. …
Denial of Reporting Instructions
… 3.101(b). Applicable Rules and Statutes Compact Rule 3.101, Mandatory transfer of supervision, provides as follows: Rule 3.101, Mandatory transfer of supervision: At the discretion of the … language and plain meaning of these rules requires that all mandatory transfers under Rule 3.101 are subject to the …
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?
… and interpreted under the Compact, who are not eligible for mandatory transfer because of the nature of their offense or … or failure to qualify for transfer of supervision under the mandatory provisions of 3.101(a). Rule 3.101(c) provides a …
Offenders in Federal Housing
… 960.204(a)(3), and 42 U.S.C., Section 13663(a)]. Rule 3.101 Mandatory transfer of supervision At the discretion of the … of KY, 04- 526-KSF (2005) , the Court made reference to the mandatory criteria in Rule 3.101 in rendering its decision …
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