Transcript Slide 1

The Only Way to Go…
Interstate Compact for Adult Offender Supervision
ICAOS Rules
Training
Presented by:
Objectives
• What triggers the Compact?
• Overview of Transfer Process
• Supervision Responsibilities
• Retaking Reasons & Requirements
• Resources
Purpose of ICAOS
• Promote Public Safety
• Protect the Rights of Victims
• Effective Supervision/Rehabilitation
• Control Movement of Offenders
• Provide for Effective Tracking
The Interstate Compact for Adult
Offender Supervision
• Courts, Parole Boards, Community
Corrections & other Executive Agencies
– subject to ICAOS rules
– MUST enforce & effectuate the Compact
Do you know your
state’s statute?
ICAOS Impacts
• How offenders are:
– Transferred to another state
– Supervised over state lines
– Returned to a sending state when in violation.
What Triggers the Compact?
An Offender subject to
Supervision who wishes to
Relocate to another state
“Offender”
Adult who commits a criminal offense AND
– Is subject to supervision;
– Released to the community under jurisdiction
of:
• Courts
• Paroling Authorities
• Corrections
• Other Criminal Justice Agencies; AND
– meets eligibility requirements
“Supervision”
• Has 2 distinct criteria:
– Oversight exercised by a controlling authority,
which includes Courts, Parole Boards, etc…
– Required to monitor regulations or conditions,
other than monetary.
“Relocate”
– “Relocate” means to remain in another
state for more than 45 consecutive
days in any 12 month period.
Rule 1.101 definitions-Rule 2.110
Cycle of a Compact Case
Transfer
Request
Notice of
Arrival
Supervision in
Receiving
State
Transfer
Reply
Notice of
Departure
Case is
closed
Eligible Offender Must Transfer to Relocate
Eligible Offenders
All Felons
Certain Misdemeanants (Rule 2.105)
Non-eligible Offenders
Certain Misdemeanants (Rule 2.105)
Next Slide
Deferred Sentences (Rule 2.106)
• Is there a finding of guilt?
• Has a plea been entered?
• Given up the right to trial?
Those on work-release (Rule 2.107)
• Or released under furlough
• Or on a pre-parole program
• Those on a Pre-Trial Intervention
Programs
“Unsupervised” Offenders requiring
monitoring
• Bench Probation
Offenders released on bail
Eligible Misdemeanants
Sentence = 1+ years of supervision
AND
Instant Offense includes one or more:
 Person incurred direct or
threatened physical or
psychological harm.
 2nd or subsequent offense of
driving while impaired by drugs
or alcohol
 Use or possession of a firearm
involved.
 Sex offense requiring registration
in the sending state
Rule 2.105
Transfer Requirements
 Application for Transfer-Includes Waiver of
Extradition
 90 days + remaining on supervision
 Offender in substantial compliance
 Reason for Transfer
 Justification w/ Plan for Supervision
 Documentation must be provided with Transfer
Request-Rule 3.107
 Victim Notification-ICOTS VINE Watch
“Sex Offender”
• Eligible “Offender” by Compact definition
– Subject to supervision
• Required to register in EITHER the
sending state or receiving state
• Additional documents required for Transfer
• NO TRAVEL PERMITS without approved Reporting
Instructions
Reasons & Justification for Transfer
• Resident: inhabited one year prior to offense
• Resident Family: Parent, grandparent, aunt, uncle, adult child, adult
sibling, spouse, legal guardian, or step-parent
– Inhabited receiving state for 180 calendar days
• Employment Transfer: At the direction of employer as a condition of
maintaining employment
Rule 3.101, 3.101-1 & 3.101-2
Transfer Acceptance
• Mandatory – if the offender meets the criteria to
transfer, the receiving state MUST accept supervision
– Most transferring offenders are residents of receiving state or
have resident family
• Discretionary –
• Offenders not eligible for mandatory transfer
• Sending state must justify “WHY”
• Receiving state has the discretion to accept or
reject supervision
Reporting Instructions
Offender must qualify for Reporting Instructions
Pending Transfer
Investigation
No Travel to
Receiving State
Advisory Opinion 9-2006 & 3-2004: If an offender is in a
receiving state prior to acceptance, the Receiving State can
properly reject the request for transfer.
Supervision in Receiving State
• Degree of Supervision
• Progress Reports
Return of Offenders
Reason Offender Returning
1. Offenders in Receiving State
with Approved Reporting
Instructions During Investigation
AND
Transfer Request Rejected or
Failed to submit Complete
Transfer Request
2. Offender Requesting to Return
to Sending State
3. Based on Violation
Receiving State
Retains authority to supervise
until directed departure date
or issuance of sending state’s
warrant
Request Reporting
Instructions
Sending State
Direct offender to return-15
business days
Failed to Return-Issue Warrant
Issue Reporting Instructions
- 2 Business Days
- Notify Victim (if applicable)
Retaking Process
Rule 3.103, Rule 3.106 & 4.111
Significant Violations
“violation would rise to level of revocation because…”
Violation
Committed
I Would
Request
Revocation
in my
State.
Significant
Violation
Violation
Committed
I Would
NOT
Request
Revocation
in my State.
NonSignificant
Violation
Rule 1.101 Significant Violation definition
Use of Violation Report
• Report a “significant violation”
– Recommending revocation of supervision
• Ask for retake/return
• Designed to enforce retaking rules
Mandatory Retaking
Receiving State
requests retake &:
Report of 1-2 significant
violations
Report of
violation
3rd
significant
Mandatory Retake?
No
Yes
Sending State Action
Respond with action/non-action
to be taken
Issue warrant OR Order offender
to return within 15 business days
 May ask for PC Hearing
Conviction of new felony
Yes
Issue warrant
Conviction of new violent
crime
Yes
Issue warrant
Yes
Warrant previously issued per
Rule 4.109-2
 May ask for PC Hearing
“Absconder”
apprehended in receiving
state on sending state’s
warrant
Discretionary Retaking
• Sending State retains authority to retake or order
the return of an offender at ANYTIME unless
offender is charged with a new felony or violent
crime in the receiving state.
– Offender charged with a new criminal offense cannot be retaken:
•
•
•
•
until charges have been dismissed
sentence has been satisfied
offender released to supervision for new offense
sending and receiving state mutually agree to retake/return
Rule 5.101 & 5.101-1
“Warrant”
• Issued by either the sending or receiving
state
• SHALL be entered in the NCIC Wanted
Person File with a national pick-up radius
No Bail or Other Release Conditions
Rule 5.111
Case Closure Notice
• Date of discharge (termination)
of supervision
• Notice to sending state of the
absconding of the offender in
the receiving state
– OVR must precede closure
• Notice to sending state of
incarceration of offender for
180 calendar days or longer;
include:
– Judgment and sentencing
documents
– Information about the offender’s
location
• Notification of death
• Return to sending state
– Cannot close during retaking
The sending state must submit a
case closure reply within 10 business
days of receipt
Rule 4.112
Interstate Compact Resource
Courts
Jail
Administrators
Parole Boards
Community
Corrections
Interstate
Compact
Office
Other
Executive
Agencies
State Compact Offices
• Process & review managed compact activities
–
–
–
–
Transfer Requests
Reporting Instructions
Violations
Replies
• Training Resource
– Officers, Prosecutors, Judges, Jails, Parole Boards
Rule 2.101
State Compact Offices
• Resolves issue with other states
– i.e. First point of contact for a questionable rejection
• Ensure compliance with ICAOS rules
• Develop/recommend in-state ISC standard
operating procedures
Rule 2.101
www.interstatecompact.org
Training & Help
ICAOS Website
www.interstatecompact.org
• ICOTS LIVE
– Sign up with a ICAOS
website user account
• Knowledge Base
– FAQ
– How-to’s
ICOTS Knowledgebase FAQs
Training Opportunities