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 Confidential Rule

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 Responsibilities Receiving StateSending 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 ) Offender Registration/DNA Testing (Rule 4.104) Shall assist the sending state

Supervision Responsibilities Receiving StateSending State Impose Application Fee (Rule 4.107) Check ICAOS website-State Pages Impose Supervision Fee (Rule 4.107) AFTER Acceptance Check 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 ReturningReceiving StateSending State 1. Offenders in Receiving State with Approved Reporting Instructions During Investigation AND Transfer 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 & 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…” 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 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 StateSending 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 “ violation would rise to level of revocation because…”

Violation Reports Receiving StateSending State Be sure to use addendums for ALL subsequent violation correspondence

Absconder Violation Responsibilities Receiving StateSending 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

Mandatory Retaking Receiving State requests retake &: Mandatory Retake?Sending State Action Report of 1-2 significant violations No Respond with action/non-action to be taken Report of 3 rd significant violation Yes Issue warrant OR Order offender to return within 15 business days  May ask for PC Hearing Conviction of new felony YesIssue warrant Conviction of new violent crime YesIssue warrant “Absconder” apprehended in receiving state on sending state’s warrant Yes Warrant previously issued per Rule  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 &

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 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