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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sending state … 2397 … 2435 … 2437 … definitions … 2004 … Sending State – means a state requesting the transfer of an …
… violations … 2019 … Chapter 4 - Returning Offenders to the Sending State
(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…
… (a) For an offender returning to the sending state, the receiving state shall request reporting … the receiving state. The receiving state shall provide the sending state with the reason(s) for the offender’s return. …
(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…
… ,  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 issue …
Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v.…
… supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, …
For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the…
… For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the … receiving state as if the condition had been imposed by the sending state. Furthermore, the violation of a condition …
A receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state and shall assist the sending state…
… A receiving state shall require that an offender transferred under the … or policies of the receiving state and shall assist the sending state to ensure DNA testing requirements and offender registration requirements of a sending state are fulfilled. History: Adopted November 4, …
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…
… 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 state for the violation committed. This requires the …
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…
… 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. …
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…
… proposition, convicted persons enjoy no right to interstate travel or a constitutionally protected interest to … resources, states have discretion in managing both the sending and return of offenders. The ICAOS is the primary … and involves little if any due process considerations by a sending state. However, the ICAOS may implicate due process …
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 … 4, 2003, effective August 1, 2004. … offender … retaking … sending state … retaking … 2004 … Rule 5.104 - Cost of retaking an …
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,…
… 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 …
(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…
… 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 …
A receiving state is obligated to continue to supervise offenders “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.” See Rule 2.108. Therefore, it would be…
… A receiving state is obligated to continue to supervise offenders “who … state to seek to terminate supervision or to demand that a sending state retake an offender purely because the offender … or physically disabled. … offender … receiving statesending state … supervision … 2405 … supervision receiving …
(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…
… (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 … departure date. If the offender does not return to the sending state as ordered, then the sending state shall issue …
(a) A receiving state shall submit a progress report to the sending state within 30 calendar days of receiving a request. (b) A receiving state may initiate a progress report to document offender compliant or noncompliant behavior that does not require…
… (a) A receiving state shall submit a progress report to the sending state … recommendation; any other information requested by the sending state that is available in the receiving state. …
Where the retaking of an offender may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process considerations that are the foundation of the Supreme Court’s decisions in Morrissey and Gagnon, and…
… may result in revocation of conditional release by the sending state, the offender is entitled to the basic due process … offense and revocation of conditional release by the sending state is likely. The purpose of the hearing is …
… Fee – means a reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state. … Definition - Application Fee …
… … 2004 … Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” … the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of …
Whether ICAOS Rule 4.112 (a) (1) permits a sending state to properly direct a receiving state to close interest in a supervision case upon modification of the sentencing order in the sending state so that the status of the transferred offender no longer…
… 2368 … Whether ICAOS Rule 4.112 (a) (1) permits a sending state to properly direct a receiving state to close interest … case upon modification of the sentencing order in the sending state so that the status of the transferred offender …
(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…
… (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 …
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…
… noted, Article I of ICAOS authorizes officers of a sending state to enter a receiving state, or a state to which an … to retake an offender rests solely in the discretion of the sending state. See Rule 5.101(a) . However, if an offender …
Clarification on Offenders being charged fee by sending state after transferred to receiving state.
… Clarification on Offenders being charged fee by sending state after transferred to receiving state. … Issued by: … than the fee charged to the state’s own offenders. (2) A sending state shall not impose a supervision fee on an …
(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…
… for an offender who was living in the receiving state at the time of initial sentencing or after disposition … or revocation proceeding shall be submitted by the sending state within 7 business days of the initial … or release from incarceration to probation supervision. The sending state may grant a 7 day travel permit to an offender …
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…
… An offender convicted of a new conviction in the receiving state forming the basis for retaking is not entitled to … offender’s violations of supervision and the right of the sending state to retake. In this circumstance, there is no … (and virtually identical) record for transmission to the sending state. See D’Amato v. U.S. Parole Com’n , 837 F.2d …
(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…
… of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the … (b) If an offender who has absconded is apprehended on a sending state’s warrant within the jurisdiction of the …
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…
… receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification … offender is apprehended in the receiving state, the sending state shall file a detainer with the holding …
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…
… basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that an emergency exists justifying such a … no more than two (2) business days after receiving the sending state’s request. ( Rule 3.101-3 applicable to sex …
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…
… As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent … when the term of incarceration concludes and when the sending state retakes the offender and has the opportunity …
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state that the offender is not complying…
… (a) A sending state is responsible for collecting all fines, family … court costs, or other financial obligations imposed by the sending state on the offender. (b) Upon notice by the sending state
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