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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… 2370 … 2366 … 2365 … 2363 … 2361 … victim … 2397 … 2411 … 2419 … 2420 … 2435 … definitions … 2006 … Victim – means a natural person or the family of a natural … result of an act or omission of an offender. … Definition - Victim
… 2361 … victim-sensitive … 2397 … 2419 … 2420 … 2435 … definitions … 2004 … Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime …
    The ICAOS specifically creates distinct 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…
…     The ICAOS specifically creates distinct rights for victims of crime and certain obligations on courts and … rules spell out specific obligations. Under Rule 3.108-1, victims of crime have a right to notice of an offender’s … sending state initiates notification procedures to related victims in accordance with its own state laws. Additionally, …
(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 inform victims of the offender of their right to be…
… receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the offender of their right to be heard and comment. Victims of the offender have the right to be heard regarding …
(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 to victims of the transfer of…
… (a)  Notification to victims upon transfer of offenders— Within 1 business day of … the sending state shall initiate notification procedures to victims of the transfer of supervision of the offender in … instructions … request for reporting instructions … victim … supervision receiving state … 2017 … Rule 3.108-1 - …
Neither the Eleventh Amendment nor other formulations of sovereign immunity bar a suit against a state in the courts of another state. Nevada v. Hall, 440 U.S. 410 (1979). In Mianecki v. Second Judicial Court of Washoe County, 658 P.2d 422 (Nev. 1983),…
… under Nevada law, the complained-of failure to notify the victim’s family of the nature of the offender’s prior … … immunity … judicial … liability … mandatory … probation … victimvictim-sensitive … liability immunity … 2019 … Bench Book - …
Offenders may be granted travel permits. A travel permit is the “written permission granted to an offender authorizing the offender to travel from one state to another.” See Rule 1.101. Rule 3.110 requires a receiving state to provide notification to a…
… receiving state … temporary travel permit … travel permit … victim-sensitive … 2397 … 2419 … supervision receiving state …
An unfortunate fact pattern that arises from time to time is when a Compact offender causes the injury or death of a victim. Victims of those incidents (or their family members or estate) will sometimes raise tort claims against correctional or judicial…
… is when a Compact offender causes the injury or death of a victim. Victims of those incidents (or their family members or … were not the proximate cause of the harm done to the victim, because the link between state action and the harm …
… to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising …
(a) Eligibility for Transfer—At the discretion of the sending state a sex offender shall be eligible for transfer to a receiving state under the Compact rules. A sex offender shall not be allowed to leave the sending state until the sending state’s…
… All assessment information, completed by the sending state; Victim information if distribution is not prohibited by law … and relationship to the offender; (B) the statement of the victim or victim’s representative; the sending state’s current or …
There is rarely any doubt in the case law that probation and parole officials are “persons” and that, in performing their duties, they are acting under “color of law” within the meaning of Section 1983. The law also allows suits against municipalities and…
… amounts to a violation of the constitutional rights of the victim or the victim’s family. In Martinez v. California , the Supreme …
Against this backdrop, concerned parties proposed a new Compact to the states. Defined in Article I, the purpose of the Compact provided: [T]he framework for the promotion of public safety and protect the rights of victims through the control and…
… the promotion of public safety and protect the rights of victims through the control and regulation of the interstate …
(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…
… of defraying costs for sex offender registration and victim notification, not appearing to fit criteria of a …
The following are key features of the ICAOS: The creation of a formal Interstate Commission comprised of Commissioners representing each of the member states and vested with full voting rights, the exercise of which is binding on the respective state.…
… groups such as the Conference of Chief Justices, crime victim advocates, and others; Broad rulemaking authority; …
(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…
… of defraying costs for sex offender registration and victim notification, not appearing to fit criteria of a …
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender…
… offender, promote public safety, and protect the rights of victims. (b) The sending state shall provide sufficient …
The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not…
… by a receiving state, the sending state must notify crime victims, pursuant to applicable state law, that a transfer … See Rule 3.108 . The rules also set out guidelines by which victims can request the opportunity to be heard on the …
Mission Statement The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective& supervision strategies consistent with public safety, offender accountability, and victims’ rights.…
… consistent with public safety, offender accountability, and victims’ rights. Acknowledgements The Commission would like …
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…
… restricting the defendant from the county where the victim lived was broader than necessary and trial court must … offender convicted of assault from the two towns where the victim lived and worked); State v. Nolan , 759 A.2d 721, 724 … and not reasonably related to the protection of a victim or a community is generally unlawful. State v. …
Whether a receiving state can predicate acceptance to a residential program with a condition obligating the sending state to retake if the offender fails to complete the program. If this condition is acceptable, would the Commission sustain a request to…
… the promotion of public safety and protect the rights of victims through the control and regulation of the interstate … likely to be successfully rehabilitated, as long as both victims and the other members of the community are … and at the same time adequately protect the rights of victims and the community, it may add conditions that would …
The Compact necessarily involves offenders moving across state lines. Therefore, considerations of different courts’ personal jurisdiction over the parties to a suit might come into play. Unfortunately, different courts have reached different results when…
… into court there—as they were when they were sued by the victims’ children. By contrast, in Hankins v. Burton , No. …
Clarification on Offenders being charged fee by sending state after transferred to receiving state.
… of offenders, such as sex offender registration and victim notification. ICAOS Advisory Opinion 2-2006 concluded … partially offset the costs of sex offender registration and victim notification and is not a recurring monthly fee … of defraying the cost of sex offender registration and victim notification, it does not appear to fit the criteria …
Rule 4.107 authorizes the collection of fees from offenders subject to the Compact. Pursuant to Rule 4.107(a), the sending state may impose a transfer application fee on an offender and according to Rule 4.107(b), the receiving state may impose a…
… of maintaining the state’s sex offender registry and victim notification systems. The fee was an annual …
Some federal statutes have their own enforcement mechanism through an express or implied cause of action in the federal statute itself. See Alexander v. Sandoval, 532 U.S. 275 (2001) (applying the test through which a court determines whether a statute…
… of cooperation between states, protection of the rights of victims, regulation and control of offenders across state …
State sovereign immunity is, as noted above, the doctrine that prevents a state from being sued in its own courts without its consent. It will generally be a matter of state law, and of course not every state is the same. Many states have narrowed or…
… parolee being supervised there under the Compact. The victim’s father sued various Mississippi officials in tort …
(a) A transfer request for an offender shall be transmitted through the electronic information system authorized by the commission and shall contain: A narrative description of the instant offense in sufficient detail to describe the circumstances, type…
… any orders restricting the offender's contact with victims or any other person; any known orders protecting the …
Denial of Reporting Instructions
… etc. or would be living in the same residence as a victim. In such cases, Pennsylvania has based such denials … domestic violence offender is living in the same home as a victim or in close proximity to a school, daycare or …
The interpretation of the “physical harm” requirement of 2.105(a)(1).
… harm has to be physical touching of the offender to the victim or does it include a weapon being used?’” Colorado … of a criminal act, caused serious injury to three victims. He was convicted of Assault 3 reckless/cause …
Clarification of 90 day period of supervision is determined.
… the promotion of public safety and protect the rights of victims through the control and regulation of the interstate …
The Interstate Commission for Adult Offender Supervision is charged with overseeing the day-to-day operations of the Interstate Compact for Adult Offender Supervision, a formal agreement between member states that seeks to promote public safety by…
… provide an opportunity for input and timely notice to victims of crime and to the jurisdictions where offenders …
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