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ICAOS Rules Training
Presented by:
The Only Way to Go… Interstate Compact for Adult Offender Supervision
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
• Courts, Parole Boards, Community Corrections & other Executive Agencies
– subject to ICAOS rules
– MUST enforce & effectuate the Compact
Do you know your state’s statute?
The Interstate Compact for Adult Offender Supervision
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
Transfer Reply
Notice of Departure
Notice of Arrival
Supervision in Receiving
State
Case is closed
1s t Step: Determine
El igibi l i ty &
Reason for Transfer!
Eligible Offender Must Transfer to Relocate
Eligible Offenders Non-eligible OffendersAll FelonsCertain Misdemeanants (Rule 2.105)
Next SlideCertain Misdemeanants (Rule 2.105)
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 supervisionAND
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 RequirementsApplication for Transfer-Includes Waiver of
Extradition
90 days + remaining on supervision
Offender in substantial compliance
Reason for Transfer
Justification w/ Plan for SupervisionDocumentation 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 InstructionsOffender 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 Receiving State Sending State
1. Offenders in Receiving State with Approved Reporting Instructions During Investigation
ANDTransfer Request Rejected or Failed to submit Complete Transfer Request
Retains authority to supervise until directed departure date or issuance of sending state’s warrant
Direct offender to return-15 business days
Failed to Return-Issue Warrant
2. Offender Requesting to Return to Sending State
Request Reporting Instructions
Issue Reporting Instructions- 2 Business Days- Notify Victim (if applicable)
3. Based on Violation 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.
Non-Significant 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 &:
Mandatory Retake? Sending State Action
Report of 1-2 significant violations
NoRespond with action/non-action to be taken
Report of 3rd significant violation
Yes
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
“Absconder” apprehended in receiving state on sending state’s warrant
YesWarrant previously issued per Rule 4.109-2 May ask for PC Hearing
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 ConditionsRule 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
Rule 4.112
The sending state must submit a case closure reply within 10 business days of receipt
Interstate Compact Resource
Interstate Compact
OfficeParole Boards
Jail Administrators
Courts
Community Corrections
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 & HelpICAOS 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