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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(a) If there is reason to believe that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to: Conducting a field contact at the last known place of residence; Contacting…
… March 1, 2011. … absconder … offender … violation report … violations … 2431 … violations … 2011 … Rule 4.109-2 - Absconding Violation …
A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act…
… … supervision in receiving state … violation report … violations … 2397 … 2431 … retaking … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.3.1 Violation Reports …
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…
… … detain … detainer … discretionary … offender … retaking … violations … 2437 … 2439 … 2440 … 2441 … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.5 Discretionary …
(a) A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report. (b) A violation report shall contain– offender’s name and…
… … supervision in receiving state … violation report … violations … retaking … supervision receiving state … violations … 2017 … Rule 4.109 - Violation report(s) …
That the Compact itself does not create a private right of action does not mean that offenders subject to it are left without a remedy under Section 1983. Instead, it means that their complaints must be framed as violations of a right enumerated in the…
… Instead, it means that their complaints must be framed as violations of a right enumerated in the Constitution. … reported cases give examples of the type of constitutional violations that offenders allege in relation to their … without a reasonable suspicion of a violation. The alleged violations (a failure to pay fines and costs, absconding) …
This on-demand training module illustrates the violation reporting process for offenders supervised in a receiving state and how this process impacts the sending state's obligation to retake an offender. Completion time is approximately 20 minutes.
… … ICAOS/ICOTS 304-Reporting Violations Requiring Retaking … compact activity … compact … … retake … retaking … training modules … violation report … violations … 2431 … icots … supervision receiving state … training … violations … 2013 … On-Demand - ICAOS/ICOTS 304 Reporting …
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…
… (1) to test the sufficiency and evidence of the alleged violations, and (2) to make a record for the sending state … proximity to the location of the offender’s alleged violations of supervision. Presumably, hearings on violations that occurred in a receiving state that was …
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…
… , effective March 1, 2016. … discretionary … offender … violations … 2436 … 2440 … 2441 … violations … 2016 … Rule 5.101-2 - Discretionary process for …
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…
… … supervision in receiving state … terms of supervision … violations … warrant … 2442 … 2454 … compliance … retaking … returning offenders … violations … 2013 … White Paper - Discharge of Sentences in …
Published September 2, 2011 At the request of the ICAOS Executive Committee resulting from several recent cases in which courts and other agencies have apparently lacked awareness or ignored the requirements of ICAOS and its rules in particular cases, the…
… the rules and the authority of the rules have led to violations of the compact. Examples of noncompliance with … … due process … immunity … liability … mandatory … rules … violations … 2454 … compliance … liability immunity … 2011 … …
(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…
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…
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred. (b) No…
… accompanied by an admission by the offender to 1 or more violations of the conditions of supervision. (c) A copy of a … to believe that the offender has committed the alleged violations of conditions of supervision, the receiving state … hearing take place for an offender subject to retaking for violations of conditions that may result in revocation as …
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…
… 28, 2013 , effective March 1, 2014.   … 2348 … 2383 … violations … violent crime … violations … 2014 … Rule 5.101-1 - Pending felony or violent …
Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a firearm and whether offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact.
… Whether ICAOS Rule 2.105 applies to misdemeanor violations pertaining to hunting which involve the use of a … offenders convicted and sentenced to supervision for such violations are thus subject to transfer under the compact. … … issue: Whether ICAOS Rule 2.105 applies to hunting violations which involve the use of a firearm as it relates …
(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…
… 1, 2014 … 2367 … 2383 … offender … retaking … revocation … violations … 2438 … 2440 … 2441 … 2442 … retaking … returning offenders … violations … 2014 … Rule 5.101 - Discretionary retaking by …
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…
… simply informing a sending state of pending charges or new violations, a progress report should be initiated as a … to the retaking or return.” … new charges … retaking … violations … 1-2014 … 2538 … 2431 … 2432 … 2437 … 2438 … 2451 … retaking … violations … 2014 … Advisory Opinion 1-2014 … Vermont …
Arresting & Detaining Compact Probationers and Parolees. Authority of officers to arrest an out-of-state offender sent to Florida under the ICAOS on probation violations.
… offender sent to Florida under the ICAOS on probation violations. … Issued by: Don Blackburn, Executive Director … offender sent to Florida under the ICAOS on probation violations. Relying in part on a 1947 Florida Attorney … of the person to be retaken. Allegations of due process violations in the actual revocation of probation or parole …
(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…
… by a receiving state who are subject to retaking based on violations of supervision, See Rule 4.109-1 ] History: … … 2358 … offender … retake … retaking … sending state … violations … 2432 … 2435 … retaking … returning offenders … violations … 2017 … Rule 5.103 - Offender behavior requiring …
When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the receiving state, compact offenders are ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking.…
… When possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the … ENTITLED to a probable cause hearing near where the alleged violations occurred prior to retaking. This module discusses … possibly subject to revocation in the sending state for violations (excluding new convictions) committed in the …
At the request of a receiving state, Rule 5.102 requires the sending state to retake an offender convicted of a violent crime. A violent crime is qualified by one of the following four criteria: (1) any crime involving the unlawful exertion of physical…
… … supervision in receiving state … violation report … violations … violent crime … 2397 … 2440 … retaking … returning offenders … violations … 2019 … Bench Book - 4.3.2 Offenders Convicted …
This on-demand training module discusses Rule 5.102 and the receiving state's ability to enforce mandatory retaking for an offender convicted of a new felony or violent crime by reporting the violation on the offender Violation Report Requiring Retaking.…
… training … retaking … training modules … violation report … violations … violent crime … warrant … 2538 … 2440 … retaking … supervision receiving state … training … violations … 2017 … On-Demand - ICAOS 202 Mandatory Retaking …
Post-Transfer Hearing Requirements
… … probable cause … probation … retaking … revocation … violations … retaking … returning offenders … supervision receiving state … violations … 2019 … Bench Book - 4.7 Post-Transfer Hearing …
(a) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements. (b) The sending state shall be required to…
… … 2383 … arrest … detain … offender … retake … retaking … violations … warrant … retaking … 2004 … Rule 5.107 - …
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…
… … sending state … supervision in receiving state … violations … 2424 … supervision receiving state … violations … 2019 … Bench Book - 4.9 Revocation or Punitive …
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…
… the circumstances of the defendant’s admissions to violations, specifically to whom and when they were made, … … supervision in receiving state … terms of supervision … violations … returning offenders … violations … 2019 … Bench Book - 4.1 Status of Offenders …
Waiver of Formal Extradition Proceedings
… of Formal Extradition Proceedings … returning offenders … violations … 2019 … Bench Book - 4.2 Waiver of Formal …
An offender in violation of the conditions of supervision may be taken into custody or continued in custody by the receiving state. History: Adopted October 4, 2006, effective January 1, 2007; amended September 14, 2016, effective June 1, 2017.  
… … offender … retaking … supervision in receiving state … violations … detention … retaking … violations … 2017 … Rule 4.109-1 - Authority to arrest and …
Principal among the provisions of the ICAOS are the waiver of formal extradition requirements for returning offenders who violate the terms and condition of their supervision. The ICAOS specifically provides that: The Compacting states recognize that…
… revocation … supervision … supervision in receiving state … violations … waiver … waiver of extradition … 2421 … 2448 … returning offenders … violations … 2019 … Bench Book - 4.2.1 Waiver of Extradition …
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