icaos rules training presented by: the only way to go… interstate compact for adult offender...

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