Transcript PO Training Presentation for use on WebEx

ICAOS Mini Training
Significant Violations
Rule 5.103
Presented by: Training Committee
[Revision 5/28/2014]
Be Ready for a Test at the End.
Training Objectives
• What triggers Rule 5.103
• Define “significant violation”
• Receiving State responsibilities
• Sending State responsibilities
Rule 5.103
• Receiving state requests retaking
• 3 significant violations reported
• Sending state is REQUIRED to retake or order
the return of the offender
Remember the “R’s”
• Report violation within 30 days of discovery.
• Rule 5.103 is enacted when an offender
commits 3 significant violations and the
receiving state requests that offender be
returned on each violation.
– 1st & 2nd violations Sending State has discretion
– 3rd violation Sending State no longer has
discretion and MUST return offender
• Rule 5.103 is the only rule left that allows a
state the option to return an offender or issue
a warrant.
“Significant Violation”
• means an offender‘s failure to comply with
the terms or conditions of supervision that,
if occurring in the receiving state, would
result in a request for revocation of
supervision.
How to Determine Significant
Violation
Committed
I Would
Request
Revocation
in my
State.
Significant
Violation
Violation
Committed
I Would
NOT
Request
Revocation
in my State.
NonSignificant
Violation
3 Significant Violations
2nd
Significant
1st Significant
 Must Be
Reported within 30
days of Discovery
3rd
Significant
Retake or Order the
Return can be requested.
 3 Separate
incidents that
establish a
pattern of noncompliance
Reporting Significant Violations
What Counts Towards Rule 5.103
Available in ICOTS after NOA and
available only to Receiving State.
Violation Type
• User is prompted for information based
on ‘Violation Type’
Violation of Conditions
Within 30 days
Attachments
Supporting documentation
shall be included
•Police reports
•Toxicology reports
•Preliminary findings
Probable Cause Information
• Provide PC Status
• PC Training Session Available
PC information can be
updated/added, if a hearing is
requested by the sending state
using an Addendum to Violation
Report
Violation Information
• Multiple “Violations” reported on the same OVR
must be entered separately
• Retake/Return Obligation is discretionary for < 3
significant violations for a non-violent offender
New Arrest
Progress Report should be used
to notify the Sending State when
arrest does NOT meet the
definition of significant violation.
New Arrest
I Would
Request
Revocation
in my
State.
Significant
Violation
Location & Availability
Available for retaking?
Yes=there is nothing
holding the offender
in the receiving state
Offender is NOT Available if there are pending Violent Crime or
Felony Charges unless states mutually agree
See Rule 5.101-1
Recommendation
Addendum to OVR
Updates Violation Record; Use for Violation correspondence
DO NOT report new violations on an Addendum
Response to Violation
•
A sending state shall respond no later
than 10 business days
•
Response shall include:
1. action to be taken
2. date action will begin
3. estimated completion date
Rule 4.109
Response to Violation
Respond by going to
your Compact
Workload and search
the offender.
• The Response is automatically generated in ICOTS
when a Violation is received.
• This search will also show you the due date.
• Email notification will be sent by ICOTS if Response
is not completed on time.
Response to Violation
Sending State Responsibilities
Under: Rule 5.103
1. Order the Return
2. Retake via Warrant
• Must be within 15
business days
• Return information
should be detailed in
the Response to
Violation
• Sending State has 30 days to
return offender once offender
is in custody solely held on
the sending state’s warrant.
• Sending State can request
Probable Cause Hearing
– Offender can sign a waiver
Warrant
– Warrant means:
• Written order commanding law enforcement to
arrest an offender
• SHALL be entered in the NCIC Wanted Person
File with a nationwide pick-up radius
• NO Bond allowed
Addendum to OVR Response
Updates Violation Record; Use for Violation correspondence
Once you verify offender has left the
state or been retaken via warrant
Close the Case in ICOTS
Rule 4.112
How do I Report a NonSignificant Violation?
• Notify State via Progress Report.
Non-Significant Violations will not
enact mandatory retaking rules.
Enter Non-Significant Violation Here, if applicable this is where
Sanction information is documented. Can also attach Sanction
sheet below.
Liability
• Liable is defined by Webster as “Legally
obligated; responsible…”
• All compact member states can be held
liable for circumventing or violating the
ICAOS rules.
• ICAOS rules are federal law and there is a
legal obligation to follow and enforce the
rules as written.
Scenario #1
1. I am supervising an offender for another
state, the offender comes into my office and
tests positive for cocaine for the second time
which is a significant violation in my state. I
submit a violation report and the sending
state replies asking me to continue to
supervise. I can just tell the offender to go
back and close the case.
a) True
b) False
Scenario #2
2. An offender under compact supervision comes
into my office and reports he was terminated from
treatment for arriving intoxicated and was later
seen at a local bar after curfew. I can submit a
violation report to the sending state mandating
they return this offender because he had three
significant violations for being intoxicated at
treatment, termination from treatment and
violation of curfew.
a) True
b) False
Scenario #3
3. I receive a report of a third significant violation
and a request from the receiving state requiring
retake/return of an offender back to my state. I
decide to order the offender to return in lieu of
retaking via warrant. Upon receipt of the
violation report, I must order the offender to
return within:
a) 2 business days
b) 15 business days
c) 30 calendar days
d) No required timeframe
Scenario #4
4. I am supervising an offender for another state. I
sent a violation report to the sending state on
March 1, 2014 reporting the following significant
violations:
–
–
–
Offender tested positive for meth on 1/21/2014
Offender tested positive for cocaine on 2/28/2014
Offender tested positive for heroin on 3/1/2014
This is three significant violations and the sending state is
now required to order the offender to return or retake.
a) True
b) False
Scenario #5
5. I am supervising an offender who has been
missing appointments, I would not request a
revocation in my state. I am concerned about
this continued behavior and want the sending
state to know about it, plus I plan to give the
offender a sanction. I would report this
information on a progress report in ICOTS.
a) True
b) False
Questions