106-ICAOS TrainingProbable Cause Process

Rule 5.108

[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-Reporting Significant Violations

• 105-Mandatory Retaking for New Violent or

Felony Crimes & Absconders apprehended in

the Receiving State

• 106-Probable Cause Hearings

Training Objectives

• When a Probable Cause Hearing is required/not required

• Responsibilities at a Probable Cause Hearing

• Report Requirements/Results

• When Probable Cause is found/not found

4

Authority for a Probable Cause Hearing

• Morrisey vs. Brewer 408 U.S. 471 (1972) (parole)

• Gagnon vs. Scarpelli 411 U.S. 778 (1973) (probation)

U.S. Supreme Court cases associated with probable cause hearings and probation/parole violations.

When a Compact Offender is Entitled to a PC Hearing

1. Custodial detention based on violations – initiated by either the receiving or sending state

2. Violations committed in receiving state may form basis for revocation of supervision

3. Absconder apprehended in the receiving state

– Authority to Arrest and Detain Rule 4.109-1– Warrant from Sending State

• Sending state may require a PC Hearing when absconding offender is picked up in receiving state.– Upon a finding of probable cause the sending state

shall retake the offender from the receiving state.

Sending State shall keep its

warrant and detainer in place

Absconder Apprehended in the Receiving State

When an Offender is not Entitled to a PC Hearing

• No intention for revocation by the sending state

• New conviction – Rule 5.102

Purpose of a Probable Cause Hearing

1) To test the sufficiency and evidence of the alleged violations, and

2) To make a record for the sending state to use in subsequent revocation

proceedings.

A Probable Cause Hearing is Required, Now What?

Entitlements of Offenders at Probable Cause Hearing

–Close proximity to where the violations occurred

–An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing

–Conducted by a “neutral and detached” person

Rule 5.108

Rights of Offenders at Probable Cause Hearing

• Written notice of the alleged violation(s) of conditions imposed by either the sending or receiving state– Rule 4.103-requires notification of conditions imposed

• Disclosure of non-privileged or non-confidential evidence

• The opportunity to be heard in person, present witnesses and evidence

• The opportunity to confront and cross-examine adverse witnesses, unless the hearing officer determines that a risk of harm to a witness exists

Right to consult with legal counsel per Benchbook

Rule 5.108

Report RequirementsWithin 10 business days of the hearing the receiving state

shall send a written report including:– The date, time and location of the hearing.– Parties present at the hearing.– A clear and concise summary of the testimony taken.– Evidence relied upon in rendering the decision, to

include the decision that PC was found or not.– PC found on which conditions or violations admitted

to.• If PC is found and the sending state has not been notified of the

condition(s), they are not obligated to act on that violation(s).

Even if the offender is exonerated after the probable cause hearing, the receiving state must transmit the report to the sending state.

Rule 5.108

Waiver of Probable Cause Hearing

• No waiver of a PC Hearing shall be accepted unless accompanied by an admission to one or more significant violations.

Rule 5.108

Add PC Information

• Addendum to Violation Report– Add PC information

After the PC Hearing…

If Probable Cause is established,

Receiving State Sending StateSHALL hold the offender in custody

If not in custody, the offender is taken into custody at this time

Notify the receiving state of the decision to retake within 15 business days of receipt of the report

SHALL retake offender within 30 calendar days once offender is in custody solely held on the sending state’s warrant

After the PC Hearing…If Probable Cause is NOT established,

Receiving State Sending State• Notify the sending state to vacate

the warrant

• Vacate the receiving state’s warrant

• Release the offender back to supervision within 24 hours of the hearing if the offender is in custody

• Continue Supervision

• Vacate the sending state’s warrant

Denial of Bail or other Release Conditions

An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted bail or other release conditions in any state.

Rule 5.111

Case Closure

• Once the offender is retaken by the sending state a Case Closure Notice needs to be completed in ICOTS.

Cost Responsibilities Associated with Retaking

Sending State Receiving StateCosts incurred to remove an offender from the receiving state

Cost to detain the offender

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. The receiving state submitted a violation report for conviction of a offense which included a copy of the court order. The sending state requests a probable cause hearing. Under the rules of the compact the receiving state is not required to conduct the probable cause hearing for this case.a) True

b) False

Scenario #2

2. Anyone in the receiving state can conduct a probable cause hearing, including the supervising agent.a) True

b) False

Scenario #3

3. The receiving state sends a violation report asking the sending state to return their offender, however it is not a mandatory retake. The sending state responds by asking for a probable cause hearing but also indicates they have no intention of revoking the offender. The receiving state is still required to do the probable cause hearing because the sending state requested it.

a) True

b) False

Scenario #4

4. The sending state receives the probable cause hearing results from the receiving state but it does not include a summary of the testimony, the date and time of the hearing or the evidence relied on to make the decision. The probable cause hearing results are valid and the sending state must move forward with retaking/returning the offender.

a) True

b) False

Scenario #5

5. The sending state receives the results of a probable cause hearing with probable cause found on a special condition which the sending state was not notified. The sending state can refuse to take any action on those findings.

a) True

b) False

Questions