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 50
… 2378 … 2370 … 2368 … 2363 … 2348 … 2383 … warrant … 2397 … 2435 … 2437 … 2440 … 2441 … 2442 … 2443 … 2445 … 2447 … definitions … warrants … 2014 … Warrant – means a written order of the court or authorities …
Rejection of Transfers Based on Outstanding Warrants. "May a state reject a transfer request from an offender, who is a resident of that state and has verified employment, when there are warrants or pending charges in the receiving state?”
… 2384 … Rejection of Transfers Based on Outstanding Warrants. "May a state reject a transfer request from an … of that state and has verified employment, when there are warrants or pending charges in the receiving state?” … … when it was discovered that there were three municipal warrants for the offender in the receiving state. The …
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…
… matters? If Rule 4.112 (b) applies and the sending state’s warrant for absconding is subsequently ‘pulled’ and/or the … state abscond, the receiving state reports and requests a warrant from a sending state via submission of a violation … Compact. If Rule 4.112 (b) applies and the sending state’s warrant for absconding is subsequently ‘pulled’ and/or the …
(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…
… … detain … offender … retake … retaking … violations … warrant … retaking … 2004 … Rule 5.107 - Officers retaking …
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…
… 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 … instructed results in the issuance of a nationwide arrest warrant “effective in all Compact member states, without …
Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall…
… offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If … … retaking … supervision in receiving state … violations … warrant … 2442 … 2448 … retaking … returning offenders … violations … warrants … 2019 … Bench Book - 4.6 Arrest of Absconders …
A sending state shall retake an offender within 30 calendar days after the offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003,…
… offender has been taken into custody on the sending state’s warrant and the offender is being held solely on the sending state’s warrant. History: Adopted November 4, 2003, effective August …
This on-demand training module discusses reporting requirements for compact offenders who abscond per the ICAOS definition and requirements. This module also discusses mandatory retaking requirements when an absconder is apprehended in the receiving state…
… training … retaking … training modules … violations … warrant … 2442 … retaking … returning offenders … training … …
(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 order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to…
… state as ordered, then the sending state shall issue a warrant no later than 30 calendar days following the … sole discretion, a sending state may retake an offender via warrant.  The sending state must notify the receiving state within 15 business days of the issuance of their warrant.  The receiving state shall assist with the …
(a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a detainer with the holding facility where the offender is in custody. (b) If an offender who has…
… report and case closure, the sending state shall issue a warrant and, upon apprehension of the offender, file a … who has absconded is apprehended on a sending state’s warrant within the jurisdiction of the receiving state that … of the sending state. (e) The sending state shall keep its warrant and detainer in place until the offender is retaken …
If the hearing officer determines that probable cause exists and the offender has committed the alleged violations, the receiving state must detain the offender in custody pending the outcome of decisions in the sending state. Within 15 business days of…
… at which point the sending state must vacate any warrant it has issued. Likewise, the receiving state must vacate any warrant it has issued. In sum, offenders subject to retaking … Offenders may be entitled to appointment of counsel where warranted by the particular facts and circumstances of the …
(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…
… behavior requires retaking, a sending state shall issue a warrant to retake or order the return of an offender from … state as ordered, then the sending state shall issue a warrant, no later than 10 business days following the … in the sending state. (d) If the sending state issues a warrant under subsection (c) of this rule, the receiving …
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.…
… modules … violation report … violations … violent crime … warrant … 2538 … 2440 … retaking … supervision receiving …
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 and employment; and failing to…
… right or other right, claim or privilege by an offender; Warrant means a written order of the court or authorities of … which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information … rules … supervision … violations … violent crime … waiver … warrant … 2397 … definitions … 2019 … Bench Book - 3.1 Key …
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.
… Under this circumstance, the sending state may issue a warrant for the offender and request that the receiving … violations that if committed by an in-state offender would warrant arrest, it does not promote community safety or … hearing can release the offender should the arrest prove unwarranted or the sending state deem the violations …
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…
… compact and its duly promulgated rules, and where warranted to initiate interventions to address and correct … state that a motion to revoke was being prepared and that a warrant would be issued. The offender was subsequently taken … custody in the receiving state on a nationwide, no bail warrant issued by the sending state. However, instead of …
An offender who absconds from a receiving state is a fugitive from justice. The procedures for returning a fugitive to a demanding state can be affected by the Uniform Extradition and Rendition Act (UERA). Under that act, a fugitive may waive all…
… the extradition, for example the issuance of a Governor’s warrant, and consent to return to the state demanding the … state … violations … waiver … waiver of extradition … warrant … 2421 … 2433 … returning offenders … supervision …
(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…
… to retake an offender, the sending state shall issue a warrant and, upon apprehension of the offender, file a …
(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…
… is not in custody. Notify the sending state to vacate the warrant, and continue supervision upon release if the offender is in custody on the sending state’s warrant. Vacate the receiving state’s warrant and release the offender back to supervision within …
Can a receiving state make a determination that an offender is not in substantial compliance in the sending state, when the offender commits a crime in the receiving state during the period of investigation, or when the offender has an outstanding warrant…
… of investigation, or when the offender has an outstanding warrant in the receiving state? … Issued by: Don Blackburn, … of investigation, or when the offender has an outstanding warrant in the receiving state?” Applicable Rules The … the question which Illinois raises as to “outstanding warrants” the question of whether a subsequent arrest for an …
(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 felony or violent crime in the receiving state. The…
… directed departure date or issuance of the sending state’s warrant. Upon departing, the receiving state shall notify … sending state as ordered, the sending state shall issue a warrant no later than 10 business days following the …
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…
… compact and its duly promulgated rules, and where warranted to initiate interventions to address and correct … informal opinions can be obtained from the Commission as warranted. Advisory opinions, contact information and other …
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 the sending state or be retaken upon issuance of a warrant. See ICAOS Advisory Opinion 3-2007 . … 2363 … …
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…
… state … violations … waiver … waiver of extradition … warrant … 2397 … 2437 … 2438 … 2440 … 2441 … 2447 … 2448 … …
Transfers fall into one of two categories, (1) mandatory acceptance and (2) discretionary acceptance. The authority to place an offender outside the state rests exclusively with the sending state. See Rule 3.101. The offender has no constitutional right…
… if the sending state does not take any action on these warrants or determines that the pending charges are not a … Opinion 4-2005 . Under such circumstances, transfer may be warranted when in the opinion of both the sending and …
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.…
… large measure because the duration of supervision does not warrant further consideration in the receiving state or …
(a) No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules.  (b) An offender who is not eligible for transfer under this Compact is not subject to…
… sending state as ordered, the sending state shall issue a warrant that is effective in all compact member states, …
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…
… Florida responded to the violation report with an arrest warrant. However, by the time the warrant was received, the offender was released on bail on … the Vermont probation office confirmed that the Florida warrant was ‘extraditable,’ Vermont is asking if it is …
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 and employment; and failing to comply with reporting requirements. Adult – means both…
… right or other right, claim or privilege by an offender. Warrant – means a written order of the court or authorities … which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information … amended November 4, 2009, effective March 1, 2010; “Warrant” adopted October 13, 2010, effective March 1, 2011; …
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…
… such as a sending state’s failure to issue a warrant within 10 days of an offender’s failure to appear as …
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