Transcript Module: Intro to ICAOS Rules & Eligibility

ICAOS Training
103-Supervision in the
Receiving State
[Revision 12/1/2014]
Be Ready for a Test at the End.
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
Cycle of a Compact Case
Transfer
Request
Notice of
Arrival
Supervision in
Receiving
State
Transfer
Reply
Notice of
Departure
Case is
closed
Training Objectives
• Victim’s Rights & Notification
• Supervision Responsibilities
• Return of Offenders
• Reporting Violations-overview
– Attend ICAOS Rules trainings 104, 105 & 106 for
details regarding violations and retaking
• Case Closure
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?
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
Reporting Violations
Attend ICAOS Rules Training 104, 105 & 106 for details on
retaking based on violations committed in the receiving state
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
Violation Reports
Receiving State
• Submit Violation Report within 30
calendar days of discovery of violation
• Include Supporting Documentation
• Police reports
• Toxicology reports
• Preliminary findings
• Details/Status of infraction
• Provide recommendation for action the
Sending State may take
• Ensure ‘Availability’ Status is correct
“violation
Sending State
• Respond within 10
business days
would rise to level of revocation because…”
Rule 4.109
Violation Reports
Receiving State
Sending State
Be sure to use addendums for ALL subsequent violation correspondence
Absconder Violation
Responsibilities
Abscond means to be absent from the offender’s approved place of
residence or employment and avoiding supervision
Receiving State
Sending State
Offender not located after at least
completing the following activities:
•
•
•
Conducting a field contact at the last
known place of residence;
Contacting the last known place of
employment; if applicable;
Contacting known family members and
collateral contacts.
• Submit Violation Report
• Submit Case Closure
• Issue Warrant upon receipt
Rule 4.109-2
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
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
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
The receiving state determines the
length of time that a compact offender
is supervised.
a) True
b) False
Scenario #2
Once an offender transfers to the
receiving state, the receiving state may
impose a supervision fee as long as a
fee is also imposed on offenders
sentenced in the receiving state.
a)True
b)False
Scenario #3
Only ‘significant violations’ in which the behavior or
infraction would rise to a level in which the
receiving state recommends revocation should be
reported on an offender violation report.
a) True
b) False
Scenario #4
An offender misses 2 appointments to report to the
probation office. A violation report indicating the
offender absconded may be submitted to the
sending state.
a) True
b) False
Scenario #5
• Although the sending state has received
no violation reports indicating an offender
has committed a ‘significant violation’ in
the receiving state, the sending state may
retake the offender from the receiving
state for any reason so long as no pending
violent crime or felony charges exist.
a) True
b) False
Questions