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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subsequent receiving state … 2397 … 2434 … definitions … 2004 … Subsequent Receiving State – means a state to which an offender is transferred that is not the sending state or the original …
(a) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial…
… (a) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the …
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…
… 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 … … offender … offense details … sentencing … supervision … transfer … eligibility … transfer of supervision … 2019 … …
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not be retaken or ordered to return until criminal charges have been dismissed, sentence has been satisfied, or the offender has been…
… any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not … or the offender has been released to supervision for the subsequent offense, unless the sending and receiving states mutually agree to the retaking or return.   …
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 … there is no need to conduct a probable cause hearing subsequent to the court proceedings simply to make a new … to do so may bar consideration of those violations in subsequent revocation proceedings in the sending state. …
Determination of second or subsequent misdemeanor DUI offense.
… Determination of second or subsequent misdemeanor DUI offense. … Issued by: Don … offense for compact purposes and thus not eligible for transfer under Rule 2.105? In order for states to make uniform decisions regarding the transfer and …
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more…
… 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as … that involves the use or possession of a firearm; a 2nd or subsequent misdemeanor conviction of driving while impaired … the offender to register as a sex offender in the sending state. References: ICAOS Advisory Opinions 4-2005 …
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…
… Rule 5.108(e) requires the receiving state to prepare a written report of the hearing within 10 … may affect the outcome of the proceedings and the impact of subsequent proceedings in the sending state. At the … for mandatory retaking, as well as to provide a basis for subsequent proceedings in the sending state, which could …
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 … 5.101(a) . However, if an offender incurs charges for a subsequent offense in the receiving state, the sending state … retake an offender upon request of the receiving state or subsequent receiving state and conviction for a felony …
(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state. (b) States that are party…
… (a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which … was never transferred under the Compact, and who subsequently absconds supervision, is subject to the terms …
(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…
… (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 …
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…
… result in revocation of conditional release by the sending state, the offender is entitled to the basic due process … and (2) to make a record for the sending state to use in subsequent revocation proceedings. One of the immediate … do so may act to bar consideration of those violations in subsequent revocation proceedings in the sending state. … …
(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 return of an offender from the receiving state or a subsequent receiving state within 15 business days of the …
As used in these rules, unless the context clearly requires a different construction- Abscond – means to be absent from the offender’s approved place of residence or employment and avoiding supervision. Adult – means both individuals legally classified as…
… 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 Arrival – means to … for Adult Offender Supervision, its by-laws and rules. Subsequent Receiving State – means a state to which an …
(a) Notification to victims upon transfer of offenders—Within 1 business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures of the transfer of…
… (a)  Notification to victims upon transfer of offenders— Within 1 business day of the issuance … instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification … receiving state under an approved plan of supervision in a subsequent receiving state; or (E) Is issued a temporary …
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. Warrant … of Rule 5.101 (b), Compact offenders who abscond and are subsequently arrested, detained and returned to the sending …
(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) When an offender submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, …
(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) The receiving state may close its supervision of an offender and cease … unless informed of an earlier or later date by the sending state; Notification to the sending state of the absconding … original application for supervision, absconders who are subsequently apprehended are subject to the compact and …
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…
… … Whether an offender under supervision in the receiving state, who is charged with a new criminal offense in the … arrested but released on bail on the new offense, may be subsequently arrested and detained for retaking by the … is released on supervision for the commission of the subsequent offense. Applicable Rules and Statutes Rule …
The ICAOS specifically creates certain rights for victims of crime and certain obligations on courts and supervising authorities with respect to those rights. While the Compact statute itself is general on the rights, the commission’s rules spell out…
… , victims of crime have a right to notice of an offender’s transfer. The notification requirement triggers one business … after issuance of reporting instructions by the receiving state. The notification requirement applies to victims who … state pursuant to an approved transfer of supervision to a subsequent receiving state; or, has been issued a temporary …
Once Congress grants its consent to a Compact, the general view is that it may not be withdrawn. Although the matter has not been resolved by the U.S. Supreme Court, two federal circuit courts of appeal have held that congressional consent, once given, is…
… given, is likely not subject to alteration. Tobin v. United States , 306 F.2d 270, 273 (D.C. Cir. 1962) (“such a holding … impermanency would be damaging to the very concept of interstate Compacts.”); Mineo v. Port Auth. of N.Y. & N.J. , 779 … Congress consents to a state boundary Compact, it may not subsequently adopt legislation undoing the states’ …
Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender under…
… Whether an offender whose supervision was never transferred under the Compact and who subsequently absconds supervision is subject to the terms of the Compact and ICAOS rules and may the State from which the offender absconded return the offender …
(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 … is under active criminal investigation or is charged with a subsequent criminal offense in the receiving state. The … instructions. (b) If the receiving state rejects the transfer request for an offender who has arrived in the …
(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 … 4.105 .  (d) A sending state shall transmit a completed transfer request for an offender granted reporting … Upon completion of investigation, if the receiving state subsequently denies the transfer on the same basis or upon …
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…
… formal “probation” or “parole” status to qualify for transfer and supervision under the ICAOS. To initially … Advisory Opinion 1-2011 for clarification); A second or subsequent conviction of driving while impaired by drugs or … to register as a sex offender under the laws of the sending state. ( See Rule 2.105 ); and, Those subject to deferred …
Generally, how should states manage an occurrence when offenders located in receiving states abscond, triggering case closure, but are later apprehended in the jurisdiction of the receiving state? And, is the receiving state required to reopen the case in…
… 2368 … Generally, how should states manage an occurrence when offenders located in … applies and the sending state’s warrant for absconding is subsequently ‘pulled’ and/or the offender is released from … any other rule, if an offender is charged with a subsequent felony or violent crime, the offender shall not …
Under the rules of the Commission, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking. However, particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if…
… Under the rules of the Commission, a state is not specifically obligated to provide counsel in … particularly with regard to revocation proceedings, a state should provide counsel to an indigent offender if she … but are also creating a record for possible use in subsequent proceedings in the sending state. See Rule 5.108 …
Offenders will sometimes allege that officers were negligent in carrying out their duties under the Compact. For example, in Grayson v. Kansas, No. 06-2375-KHV, 2007 WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact…
… WL 1259990, at *1 (D. Kan. Apr. 30, 2007), a probationer transferred under the Compact from Missouri to Kansas … similar conclusion with respect to officials in the sending state. Id. at *8. None of the officials committed an … with respect to the offender’s lengthy incarceration subsequent to the initial notification, there was no …
One of the principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending state through means other than formal extradition. To this end, the status of an offender as…
… principal purposes of the ICAOS is to ensure the effective transfer of offenders to other states and to oversee the return of offenders to the sending … his parole and while in prison in other states based on subsequent convictions in those other states. In the …
Denial of Reporting Instructions
… Dir. & Richard L. Masters, Legal Counsel Background The State of Pennsylvania has requested an advisory opinion … Applicable Rules and Statutes Compact Rule 3.101, Mandatory transfer of supervision, provides as follows: Rule 3.101, … completion of the investigation, if the receiving state subsequently denies the transfer request on the same basis …
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