2014 Approved Rule Amendments Effective March 1, 2014

Summary of 2014 Amendments Abscond Warrant Repealed: ‘Violent Offender’ Definition & Rule Time Requirement: < 30 days is business; 30 days + is calendar

Rule Abscond

Clarifies definition by removing “with the intent of” language. The receiving state shall follow the steps in Rule before declaring an offender to be an absconder. ICOTS Impact: NONE

Rule Warrant

Clarifies that warrants for compact offenders should not allow for bond to be set. ICOTS Impact: NONE

Rule

New reason for reporting instructions and transfer of supervision for veterans receiving treatment –Requires referral & documentation ICOTS Impact: $21,160 –Update Transfer Request and Request for Reporting Instructions builders, PDFs and reports

Rule 3.102

Provides an exception to allow offender’s released to a detainer in the receiving state to be there pending reporting instructions and the investigation Would not apply to offenders released to federal detainers ICOTS Impact: None –Use Expedited RFRI

ICOTS RFRI Updates Rule (a)(5) Rule (d)

Rule

Ability to withdraw acceptance after an offender’s failure to report following the transmission of an NOD was added to this rule as it exists in Rule (c) ICOTS Impact: None

Rule (12)

Requires institutional information during last 2 years ICOTS Impact: $8,560

Rule 4.109

Rule (c) With the advent of ICOTS there is no need for this language ICOTS Impact: None

Rule 4.112

Provides a 10 business day extension after the supervision end date for a receiving state to transmit a case closure ICOTS Impact $4,840 –Additional Notifications to submit Case Closure

Rule 5.101

Outlines the absolute authority of the sending state to retake an offender at the sending state’s sole discretion, with exceptions noted for other retaking rules New Rule addresses retaking offenders with pending charges since this issue is no longer addressed here ICOTS Impact: None

Rule

Rule (New) Outlines the process the receiving and sending state must follow to allow the sending state to retake an offender who has committed a subsequent felony or violent crime in the receiving state. ICOTS Impact: None

Rule Removes Definition of Violent Offender and Rule

Rule Removes mandatory retaking for a ‘Violent Offender’ after 1 significant violation Removes definition of ‘Violent Offender’ Elements of (b) inserted into ICOTS Impact: $5,255 –Remove option from OVR, PDFs, etc.

Rule 5.103

Establishes a time frame for sending states to order the return of an offender ICOTS Impact: None

Rule 5.105

Clarifies what triggers the 30 calendar day time frame for retaking ICOTS Impact: None. –ICOTS currently does not capture data able to measure compliance with this rule.

Rule & ICOTS reminders & Offenders Awaiting Retaking Report are tools to manage offenders subject to retaking. These offenders have with status of ‘Available’ by Receiving State & Response of ‘Warrant Issued/Requested’ by Sending State.

Rule 5.108

A judgment of conviction of any criminal offense is sufficient evidence of probable cause ICOTS Impact: None

Rule 6.103

Provides discretion for penalties to be imposed for a defaulting state and allow for time to cure defaults if appropriate ICOTS Impact: None

Time Frame Changes 2.110, 3.103, 3.104, 3.105, amended by Time Requirement motion. Time Requirement: < 30 days = business days; 30 days + = calendar days Calendar to business: more time to complete action.

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