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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… … 2368 … 2367 … 2358 … 2351 … 2348 … 2383 … 2369 … retake … retaking … 2397 … 2431 … 2432 … 2437 … 2441 … 2442 … 2447 … 2450 … definitions … 2004 … Retaking – means the act of a sending state in physically … an offender removed, from a receiving state. … Definition - Retaking
Rules governing retaking an offender under the compact of the Interstate Commission for Adult Offender Supervision
… Rules governing retaking an offender under the compact of the Interstate … 2445 … 2446 … 2447 … 2448 … 2449 … 2450 … 2451 … Chapter 5: Retaking
… behavior requiring retaking … 2397 … 2419 … 2431 … 2441 … definitions … 2017 … Behavior Requiring Retaking – means an act or pattern of non-compliance with … in the receiving state. … Definition - Behavior Requiring Retaking
As previously noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision to retake an offender…
… a state to which an offender has absconded, for purposes of retaking an offender. With limited exceptions, the decision … Several exceptions limit the sending state’s discretion for retaking an offender. These exceptions, invoked by a receiving state, require retaking by the sending state when supervision is no longer …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act or pattern of … the receiving state. The definition of “behavior requiring retaking” has not been judicially construed; however, 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…
… and documentation that the offender’s behavior requires retaking, a sending state shall issue a warrant to retake or … report. (b) If the offender is ordered to return in lieu of retaking, the receiving state shall request reporting … and detained by a receiving state who are subject to retaking based on violations of supervision, See Rule …
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
… a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or … numbers; date(s) and description of the behavior requiring retaking; date(s), description(s) and documentation … supervision techniques to address the behavior requiring retaking in the receiving state, and the offender’s response …
(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…
… 2004. … 2368 … 2383 … arrest … detain … offender … retake … retaking … violations … warrant … retaking … 2004 … Rule 5.107 - Officers retaking an offender …
A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004.
… A sending state shall be responsible for the cost of retaking the offender. History: Adopted November 4, 2003, effective August 1, 2004. … offender … retaking … sending state … retaking … 2004 … Rule 5.104 - Cost of retaking an 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 retake or order the return of an offender. (b) If the offender does not return to the sending state as ordered, then the sending state shall…
… sending state. References: ICAOS Advisory Opinions 13-2006 [Retaking of an undocumented immigrant is at the sole … 2013 , effective March 1, 2014 … 2367 … 2383 … offender … retaking … revocation … violations … 2438 … 2440 … 2441 … 2442 … retaking … returning offenders … violations … 2014 … Rule …
(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…
… 1, 2011. … 2367 … 2383 … absconder … mandatory … offender … retaking … 2448 … retaking … 2011 … Rule 5.103-1 - Mandatory retaking for offenders who abscond …
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
… August 28, 2013 , effective March 1, 2014. … offender … retaking … sending state … retaking … 2014 … Rule 5.105 - Time allowed for retaking an offender …
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
… … ICAOS/ICOTS 304-Reporting Violations Requiring Retaking … compact activity … compact workload … compliance … of supervision … icots … on demand training … retake … retaking … training modules … violation report … violations … On-Demand - ICAOS/ICOTS 304 Reporting Violations Requiring Retaking
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…
… Includes training for definition of 'Behavior Requiring Retaking' and Rule 5.103, explaining that documented … reported on a violation report ONLY when invoking mandatory retaking after the receiving state has exhausted ALL options … … Includes training for definition of 'Behavior Requiring Retaking' and Rule 5.103, explaining that documented …
REPEALED effective March 1, 2014 History: Adopted October 13, 2010, effective March 1, 2011; repealed August 28, 2013, effective March 1, 2014.
… effective March 1, 2014. … 2014 … Rule 5.103-2 - Mandatory retaking for violent offenders and violent crimes [Repealed] …
(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…
… effective August 1, 2004. … detain … detainer … offender … retaking … detention … retaking … 2004 … Rule 5.110 - Retaking offenders from local, state or federal correctional …
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…
… and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in … and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in … … ICAOS 203-Mandatory Retaking for Absconders Apprehended in Receiving State … …
(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…
… , 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 conviction …
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.…
… and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or … the violation on the offender Violation Report Requiring Retaking. New convictions not requiring retaking should be reported to the sending state using the …
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…
… the requirements of ICAOS and its rules in cases where retaking of a compact offender was mandated but instead the … as a resource to document both the requirements of the retaking rules and the obligations of the compact states to … discharging a sentence of a compact offender instead of retaking and returning the offender to the sending state is …
As previously discussed, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2004). Accordingly, the agreement created a Compact that must be construed as federal law enforceable on member states through the Supremacy Clause and…
… & Duties of the Interstate Commission. … behavior requiring retaking … interstate compacts … 2019 … Bench Book - 2.6 …
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.
… the offender in the receiving state pending the offender’s retaking by the sending state. History: Adopted November 4, … 2004. … detain … detainer … receiving state … detention … retaking … 2004 … Rule 5.106 - Cost of incarceration in …
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…
… new offense, may be subsequently arrested and detained for retaking by the sending state pending the resolution of the … Rule 5.101 (c) in relevant part provides 1 : Rule 5.101 Retaking by the sending state c) If the offender has been … conditions to certain offenders An offender against whom retaking procedures have been instituted by a sending state …
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 instituted by a sending or … 2348 … arrest … denial … detain … due process … detention … retaking … 2008 … Rule 5.111 - Denial of bail or other …
An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction being conclusive as to the status of the offender’s violations of supervision and the right of the sending…
… new conviction in the receiving state forming the basis for retaking is not entitled to further hearings, the conviction … 1988) It is important to emphasize the distinction between retaking that may result in revocation and retaking that will not result in revocation. When there is …
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…
… state for the commission of a crime and is not subject to retaking unless the receiving state consents, the term of … state based on its intent to retake the offender. Such a retaking can occur based on a demand by the receiving state … Ct. App. 1993) (offender cannot be admitted to bail pending retaking); Crady v. Cranfill , 371 S.W.2d 640 (Ky. Ct. App. …
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…
… An offender subject to retaking proceedings has no right to bail. Rule 5.111 … to admit an offender to bail pending completion of the retaking process, individual state law to the contrary … found no error in denying bail to an offender subject to retaking as the Compact made no provision for bail. And in …
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…
… violent crime or the offender engages in behavior requiring retaking. See Rule 5.102 and 5.103 . This presents a … arrangement and the receiving state could demand the retaking of an offender based on a change of circumstances … of support, the failure to do so being cause to demand retaking by the sending state. However, any conditions …
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.  
… conditions of supervision … detain … detainer … offender … retaking … supervision in receiving state … violations … detention … retaking … violations … 2017 … Rule 4.109-1 - Authority to …
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
… hearing near where the alleged violations occurred prior to retaking. This module discusses the due process rights … hearing near where the alleged violations occurred prior to retaking. This module discusses the due process rights … demand training … probable cause … probable cause hearing … retaking … training modules … violation report … violations …
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