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 opinions, bylaws, policies, Hearing Officer's Guidetraining modulesrules, helpdesk articles and the bench book. All results are cross-referenced with links to make navigation easy and intuitive.

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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…
Opinion as to Washington’s “deferred prosecution” statute (described in Chapter 10.05.020 et. seq. RCW) are subject to the Interstate Compact for Adult Offender Supervision (“Compact”) and are, therefore, eligible for transfer of supervision under Rule 2.…
In addition to traditional cases where an offender is formally adjudicated and placed on supervision, the ICAOS also applies in so-called “suspended sentencing,” “suspended adjudication,” and “deferred sentencing” contexts. Rule 2.106 provides that “…
Some states may use a “sentencing” option referred to as deferred prosecution. Such sentences, which are generally authorized by a state’s statutes, allow the offender to admit under oath or stipulate to the facts of the criminal conduct, but defer…
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial…
Whether an offender who has been granted a conditional pardon in the Commonwealth of Virginia and is transferred to a secure treatment facility in the State of Florida is eligible for transfer under the Interstate Compact for Adult Offender Supervision?
Deferred Sentence –means a sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court.
The intent of the ICAOS is not to dictate judicial sentencing or place restrictions on the court’s discretion relative to sentencing. See Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009). The ICAOS contains no provisions directing judges on…
According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and…
Offenders sentenced under the Violent Predator Incapacitation Act who seek transfer CSL supervision outside the state of New Jersey.
The ICAOS applies to all offenders meeting the eligibility requirements and who are subject to some form of community supervision or corrections. By design, the term “offender” provides greater scope and flexibility in the management of offender…
Particular attention should be paid to offenders convicted of a second or subsequent offense of driving while impaired (DUI and DWI offenses). Because various states’ laws differ widely on what constitutes a second or subsequent conviction, the Commission…
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…
Determination of second or subsequent misdemeanor DUI offense.
Clarification as to the eligibility for transfer of supervision of an offender subject to “deferred sentences” pursuant to Section 2.106 of the amended rule adopted March 12, 2004.
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…
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…
Discharge –means the final completion of the sentence that was imposed on an offender by the sending state.
As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court…
At the request of the Interstate Compact for Adult Offender Supervision’s (“ICAOS”) Executive Committee, and following a roundtable discussion with various ICAOS stakeholders, the following legal analysis has been prepared to serve as a resource…
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…
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…
(a) The receiving state may close its supervision of an offender and cease supervision upon– The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;…
(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…
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…
To determine if an offender’s case in the sending state triggers the compact definition of supervision, the sending state should first examine whether or not the offender’s offense is compact eligible. If the offender has been convicted of a felony,…
The ICAOS was written to address problems and complaints with the ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its rules given there was no enforcement mechanism…
An offender not subject to the ICAOS is not eligible to have their supervision transferred to another state, but neither are they restricted in their travel, except as otherwise ordered by the sentencing court. See Sanchez v. N.J. State Parole Bd., 845 A.…
Interstate Compact training results in better offender management and increased public safety. Every jurisdiction, including courts, parole boards and community corrections are subject to the Interstate Compact for Adult Offender Supervision’s rules.…
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…
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