icaos training 103-supervision in the receiving state [revision 12/1/2014] be ready for a test at...
TRANSCRIPT
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-Reporting 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
Transfer Reply
Notice of Departure
Notice of Arrival
Supervision in Receiving
State
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
• 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
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 ConfidentialRule 3.108-1
Victim Special Status
Notification to Victims• Both States’ responsibility
• Change in Offender Status
1. Commits a significant violation.2. Changes address.3. Returns to the sending state where victim resides. 4. 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 ResponsibilitiesReceiving State Sending State
Determine Length of Supervision (Rule 4.102)
Ensure dates are correct in ICOTS
Determine Degree of Supervision (Rule 4.101)
Consistent with similar in-state offenders• Violations• Special conditions
Impose Conditions-Notify opposite state (Rule 4.103)
Include w/ Transfer Reply or anytime during supervision
*Notify if unable to enforce sending state condition
Include w/ Transfer Request or anytime during supervision
*Recognize and address violations of conditions imposed by receiving state (Rule 4.103-1)
Offender Registration/DNA Testing (Rule 4.104)
Shall assist the sending state
Supervision ResponsibilitiesReceiving State Sending State
Impose Application Fee (Rule 4.107)
Check ICAOS website-State Pages
Impose Supervision Fee (Rule 4.107)
AFTER AcceptanceCheck ICAOS website-State Pages
No collection of supervision fees allowed after transfer
Responsible to Collect Financial Obligations (Rule 4.108)
May only notify the offender of non-compliance
• Fines• Family support• Restitution• Court costs• Other financial
obligations
Progress Reports (Rule 4.106)
• Submit annually• Within 30 calendar
days of request• Notify of NON-
Significant Violations
Request using specialized CAR
Receiving State Supervision
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
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.
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
Violation Reports
Receiving State Sending 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
• Respond within 10 business days
Rule 4.109
“violation would rise to level of revocation because…”
Violation Reports
Receiving State Sending State
Be sure to use addendums for ALL subsequent violation correspondence
Absconder Violation Responsibilities
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
Abscond means to be absent from the offender’s approved place of residence or employment and avoiding supervision
Rule 4.109-2
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
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
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