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.

Displaying 1 - 30 of 171
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…
… a receiving state may require all documents concerning the offender which it considers relevant and the authority to … state as conditions precedent to accepting a transfer of supervision of an offender under the compact. … Issued by: … supervision; and (c) Is in substantial compliance with the terms of supervision in the sending state; and (d) Is a …
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto intended to protect certain health care information from disclosure to authorized persons or entities. Generally, prior to disclosure of health…
… The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and rules promulgated pursuant thereto … pursuant to court order is limited to the explicit terms of the orders. See 45 C.F.R. 164.512(e)(1)(i) . … information is a legitimately necessary element in the supervision of an offender, such a release of information …
… 2380 … 2373 … 2372 … 2364 … 2353 … plan of supervision … 2397 … 2408 … 2411 … 2414 … definitions … 2004 … Plan of Supervision – means the terms under which an offender will be supervised, including …
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…
… conditions. Generally, a condition imposed as a part of probation or parole must be reasonably related to the … Carolina to notify the sending state of such condition of supervision ‘at the time of acceptance or during the term ofof confinement in the receiving state for violating the terms and conditions of supervision. These sanctions intend …
Offenders sentenced under the Violent Predator Incapacitation Act who seek transfer CSL supervision outside the state of New Jersey.
Offenders sentenced under the Violent Predator Incapacitation Act who seek transfer CSL supervision outside the state of New Jersey. … Issued by: … said offender was not “a parolee case” covered under the terms of the “old Compact” and, therefore, was ineligible …
(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…
… (a) At the time of acceptance or during the term of supervision, the receiving state may impose a condition on … supervisionoffender … supervision in receiving state … terms of supervisionsupervision receiving state … 2017 … …
Clarification of 90 day period of supervision is determined.
… Clarification of 90 day period of supervision is determined. … Issued by: Don Blackburn, … supervision; and (c) is in substantial compliance with the terms of supervision in the sending state; and (d) is a …
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…
… … 2376 … 2371 … Authority to Issue Travel Permits Authority of judges and probation or parole officers to permit certain … duration of the travel, are not eligible for transfer of supervision under the provisions of the Interstate Compact … supervision; and (c) is in substantial compliance with the terms of supervision in the sending state; and (d) is a …
(a) Application fee—A sending state may impose a fee for each transfer application prepared for an offender. (b) Supervision fee— A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall…
… impose a fee for each transfer application prepared for an offender. (b)  Supervision fee— A receiving state may impose a reasonable … … supervision fees … supervision in receiving state … terms of supervisionsupervision receiving state … 2004 … …
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…
… As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, … that the offender failed to comply with the conditions of supervision. See Rule 4.108(b) . The actual collection and …
In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of…
… the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of … … rules … supervisionsupervision in receiving state … terms of supervision … 2408 … 2423 … supervision receiving …
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.
… Clarification as to the eligibility for transfer of supervision of an offender subject to “deferred sentences” … of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders …
Clarification on offenders who are undocumented immigrants.
… Clarification on offenders who are undocumented immigrants. … Issued by: … for transfer? What if the offender is released to supervision under a court order to obey all laws, and the … the immigrant not in “ substantial compliance ” with the terms of supervision in the sending state as required under …
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…
… ICPP. Chief among the problems and complaints were: Lack of state compliance with the terms and conditions of the ICPP; Enforceability of its … is a signatory to the interstate Compact for parolee supervision, more information concerning out-of-state …
The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means to be absent from the offender’s approved place of residence or employment and avoiding…
… The following key terms and their definitions supplement terms defined by the Compact. They should be of special interests to judicial authorities: Abscond means … approved place of residence or employment and avoiding supervision; Arrival means to report to the location and …
A receiving state shall 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.  History: Adopted November 3, 2003, effective August 1, 2004.
… A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental … November 3, 2003, effective August 1, 2004. … conditions of supervision … consistent supervisionoffender … supervisionsupervision in receiving state … terms of supervisionsupervision receiving state … 2004 … …
While the sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by paroling authorities, the receiving state retains discretion as to the type of supervision it will provide. Rule 4.101…
… sending state has sole authority to determine the duration of supervision either by way of the court’s sentence of by … type … supervisionsupervision in receiving state … terms of supervision … transfer … 2408 … 2422 … supervision
The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender…
… The Commission recognizes that the transfer of sex offenders is complex due to individual state laws … offenders and their offenses. The process of transferring supervision of this high-risk population is uniform in … offender … supervisionsupervision in receiving state … terms of supervision … transfer request … transfer … 2397 … …
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.…
… Transferring an offender’s supervision pursuant to the Compact does not deprive the … revocation … supervisionsupervision in receiving state … terms of supervision … 2438 … returning offenders … …
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…
… states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the … So.2d 341 342-44 (Fl. Dist. Ct. App. 2007). … conditions of supervision … eligibility … mandatory … supervisionsupervision in receiving state … terms of supervision … transfer … 2408 … 2410 … transfer of
… the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms
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…
… states through the Supremacy Clause and the Compacts Clause of the U.S. Constitution. Given the contractual nature of … member states may not act unilaterally to alter the terms and conditions of the agreement. Any state law that … give full force and effect to the agreement by the explicit terms of the ICAOS and its standing as (1) a valid Compact, …
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…
… States are bound to the Commission’s rules under the terms of the Compact. The rules adopted by the Commission have the … request … transfer … interstate compacts … transfer of supervision … 2019 … Chapter 3 - The ICAOS Implications for …
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…
… One of the principal purposes of the ICAOS is to ensure the … parole or conditional pardon, the offender is bound by its terms. See Gulley v. Apple , 210 S.W.2d 514 (Ark 1948); Ex … the validity of a uniform statute for out-of-state parolee supervision (ICPP) finding that since the statute applied …
Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may determine that conditions are necessary at the time of acceptance. The receiving state can only impose conditions that it would impose…
… Although a state may be required to accept supervision given the offender’s eligibility status, the receiving state may … state … supervisionsupervision in receiving state … terms of supervision … transfer … 2424 … 2426 … supervision
The Commission possesses significant enforcement authority against states deemed in default of their obligations under the Compact. The decision to impose a penalty for noncompliance rests with the Commission as a whole or its executive committee acting…
… enforcement authority against states deemed in default of their obligations under the Compact. The decision to … from the Compact; and Initiating litigation to enforce the terms of the Compact, monetary penalties ordered by the … failure to fulfill such obligations as are imposed by the terms of the Compact, its by-laws, or any duly promulgated …
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…
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders …
… … Sending State – means a state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules. … Definition - Sending …
Notwithstanding the authority of the sending and receiving state to impose conditions on an offender, several courts assert that certain conditions – such as banishment from a geographical area – are not appropriate because they interfere with the purpose…
… Notwithstanding the authority of the sending and receiving state to impose conditions on … (Ohio Ct. App. 8th Dist., July 8, 2004). … conditions of supervisionoffender … parole … probation … receiving … state … supervisionsupervision in receiving state … terms of supervision … 2425 … supervision receiving state … …
… 2004 … 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. … Definition - Deferred …
Displaying 1 - 30 of 171