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 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 Discretionary Transfers • Provide sufficient documentation to justify the requested transfer. • The receiving state has the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact – Public Safety – Rehabilitation of Offenders Rule 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 Transfer Request Copy of signed Offender Application Instant Offense DETAILS (Narrative) Photo If Applicable: Conditions of Supervision • Sex offender registration requirements Financial Obligations (order by Court) • Orders of restriction • Known protective orders • Known gang affiliation Supervision history (only if currently on • Prison discipline and mental supervision for more than 30 calendar days) health history of last 2 years PSI (if it exists or is not prohibited for distribution) Rule 3.107 Transfer Request #1 Add criminal case information #2 Add offenses to case NCIC code or use drop-down #3 Attach details of offense Transfer Request “Sex Offender” • Eligible “Offender” by Compact definition – Subject to supervision • Required to register in EITHER the sending state or receiving state Transfer Request-Sex Offender If Available: • Assessment Information • Social History • Information relevant to the offender’s criminal sexual behavior • Law Enforcement Report • Victim Information • Demographics • Statement • Supervision/Treatment plan - current or recommended Rule 3.101-3 Pre-Release Transfer • Submit request within 120 calendar days prior to release date • Sending state shall notify receiving state if – the planned release date changes – or if release date has been withdrawn or denied Rule 3.105 Transfer Request Last Chance to Delete Transfer Request Email is sent to Supervisor for review Transfer Request Check activity status using the Compact Workload Per Rule 3.104 a Transfer Request must be responded to within 45 days Investigation Period • 45 Calendar days following receipt in the Receiving State’s Compact Office Rule 3.104 No Travel Prior to Transfer Reply • The offender SHALL NOT proceed to the 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. Rule 3.102 Exceptions • Offender’s employed in the receiving state at the time the request is submitted. (i.e. Border States) • Inform via the Transfer Request • Offender qualifies for reporting instructions NEXT SLIDE Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106 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. Reporting Instructions Offender must qualify for Reporting Instructions Living in Receiving State vs. Compact Definition of Resident Mandatory RI’s for Living in Receiving State • The offender currently lives in the receiving state when sentenced to probation in the sending state and needs to go home after sentencing. Mandatory Transfer for ‘Resident’ • The offender must have lived in the receiving state for at least one continuous year prior to committing the offense in the sending state Reporting Instructions for Sex Offenders Living in the Receiving State at the Time of Sentencing • Rule 3.103 applies except for the following: – 5 business days to respond • Invalid residence – may deny Reporting Instructions – Travel permits are NOT permitted w/o approved Reporting Instructions Rule 3.101-3 Reporting Instruction Timeframes Sending State Receiving State Send timely Transfer Request 2 business days to respond to all • 7 business days after approved RFRIs expedited reporting instructions 5 business days for sex offender • 15 business days after probationer living in receiving state at the time living in receiving state at the time of of sentencing sentencing Rule 3.101-3, 3.103, 3.106 Transfer Request Reply Email is sent to user assigned Access activity from Assistants, Compact Workload or Offender Profile Transfer Request Reply Offender Profile: Action Items Transfer Request Reply Transfer Request Reply Accepted -Valid for 120 calendar days Rejected -Be specific Rule 3.104-1 Reject an Incomplete Transfer Request • Be specific on what is missing from the Transfer Request. • Offenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days Rule 3.104 Improper Rejections • Offenders with disabilities (Rule 2.108) • Offenders with pending charges (obtained before or during investigation period; AO 8-2005) • Incorrect ICOTS user assigned – Wrong County/Unit – Specialized Officer • Undocumented immigrant (AO 13-2006) • Section 8 housing (AO 2-2007) Transfer Request Reply Transfer Request Reply Approved Transfer Reply • Receiving State’s Compact Office Transmits Reply – Email is generated to sending state users • Compact Office, PO Supervisor & PO – Activity History (Offender Profile) reflects the decision of the Transfer Reply – Sending state should be sure to review the pdf and attachments for details Additional Document Requests Receiving State May request documents necessary for supervision upon acceptance • Transfer Reply or • Compact Action Request Sending State Must provide documents within 30 calendar days Rule 3.107 Notices of Departure & Arrival • Fastest Processes in ICOTS! Sending State Receiving State Notice of Arrival when offender arrives and reports as instructed. • Officer becomes the ‘supervising user’ in ICOTS NOD when offender departs Notice of Failure to Report if offender failed to report within 5 business days after departing sending state. Rule 3.104-1 & 4.105 Victim’s Right to be Heard – Victim’s can contact Sending state’s compact office. – Victim’s have 10 business days after notification to give input. – Receiving state shall continue to investigate. Victim’s Comment ALWAYS Confidential Rule 3.108-1 Victim Special Status Notification to Victims • Both States’ responsibility • Change in Offender Status 1. 2. 3. 4. Commits a significant violation. Changes address. Returns to the sending state where victim resides. Departs receiving state under approved plan in subsequent receiving state. 5. Issued a temporary travel permit in a victim sensitive case. • Requests for status information – 5 business days Rule 3.108(b) Supervision Responsibilities Receiving State Determine Length of Supervision (Rule 4.102) Determine Degree of Supervision (Rule 4.101) Impose Conditions-Notify opposite state (Rule 4.103) Offender Registration/DNA Testing (Rule 4.104) Sending State Ensure dates are correct in ICOTS Consistent with similar in-state offenders • Violations • Special conditions Include w/ Transfer Reply or anytime during supervision *Notify if unable to enforce sending state condition Shall assist the sending state Include w/ Transfer Request or anytime during supervision *Recognize and address violations of conditions imposed by receiving state (Rule 4.103-1) Supervision Responsibilities Receiving State Impose Application Fee (Rule 4.107) Impose Supervision Fee (Rule 4.107) Responsible to Collect Financial Obligations (Rule 4.108) Progress Reports (Rule 4.106) Sending State Check ICAOS website-State Pages AFTER Acceptance Check ICAOS websiteState Pages May only notify the offender of noncompliance • • • Submit annually Within 30 calendar days of request Notify of NONSignificant Violations No collection of supervision fees allowed after transfer • • • • • Fines Family support Restitution Court costs Other financial obligations Request using specialized CAR Receiving State Supervision 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 www.interstatecompact.org 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 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 ICAOS Training Series • 101-Transfer & Reporting Instructions Eligibility • 102-Transferring Supervision • 103-Supervision in the Receiving State • 104-Mandatory Retaking for Significant Violations • 105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State • 106-Probable Cause Hearings