ICAOS Training

102-Transferring Supervision

[Revision 4/24/2015]

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

• Transfer Request Requirements

• Investigation Period

• Requesting Reporting Instructions

• Reply to Transfer Request

• Notice of Departure & Notice of Arrival

• Return of Offenders

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

Transfer Request

Copy of signed Offender Application

Instant Offense DETAILS (Narrative)

Photo

Conditions of Supervision

Financial Obligations (order by Court)

Supervision history (only if currently on supervision for more than 30 calendar days)

PSI (if it exists or is not prohibited for distribution)

If Applicable:• Sex offender registration

requirements• Orders of restriction• Known protective orders• Known gang affiliation• Prison discipline and mental health

history of last 2 years

Rule 3.107

Transfer Request

#1 Add criminal case information

#2 Add offenses to case

NCIC code or use drop-down

#3 Attach details of offense

Transfer Request

“Sex Offender”

• Eligible “Offender” by Compact definition– Subject to supervision

• Required to register in EITHER the sending state or receiving state

Transfer Request-Sex Offender

Rule 3.101-3

If Available:• Assessment Information• Social History• Information relevant to the offender’s criminal

sexual behavior• Law Enforcement Report• Victim Information

• Demographics• Statement

• Supervision/Treatment plan - current or recommended

Pre-Release Transfer

• Submit request within 120 calendar days prior to release date

• Sending state shall notify receiving state if

– the planned release date changes– or if release date has been withdrawn or denied

Rule 3.105

Transfer Request

Last Chance to Delete

Transfer Request

Email is sent to Supervisor for review

Transfer Request

Check activity status using the Compact Workload

Per Rule 3.104 a Transfer Request must be responded to within 45 days

Investigation Period

• 45 Calendar days following receipt in the Receiving State’s Compact Office

Rule 3.104

No Travel Prior to Transfer Reply

• The offender SHALL NOT proceed to the 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.

Rule 3.102

Exceptions

• Offender qualifies for Reporting Instructions NEXT SLIDE

• Offender’s employed in the receiving state at the time the request is submitted.

(i.e. Border States)• Inform via the Transfer Request

Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106

Reporting Instructions

Sex Offenders

• No travel permit w/o approved reporting instructions

Rule 1.101 & 3.101-3

Reporting Instruction Timeframes

Receiving State Sending State

2 business days to respond to all RFRIs

5 business days for sex offender living in receiving state at the time of sentencing

Send timely Transfer Request• 7 business days after approved

expedited reporting instructions• 15 business days after probationer

living in receiving state at the time of sentencing

Rule 3.101-3, 3.103, 3.106

Transfer Request Reply

Access activity from Assistants, Compact Workload or Offender Profile

Email is sent to user assigned

Transfer Request Reply

Offender Profile: Action Items

Transfer Request Reply

Transfer Request Reply

Accepted

Rejected

Rule 3.104-1

-Valid for 120 calendar days

-Be specific

Reject an Incomplete Transfer Request

• Be specific on what is missing from the Transfer Request.

Sending State caneasily update the TR

• Offenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days

Rule 3.104

Improper Rejections

• Offenders with disabilities (Rule 2.108)• Offenders with pending charges (obtained

before or during investigation period; AO 8-2005)

• Incorrect ICOTS user assigned– Wrong County/Unit– Specialized Officer

• Undocumented immigrant (AO 13-2006)• Section 8 housing (AO 2-2007)

Transfer Request Reply

Transfer Request Reply

Approved Transfer Reply

• Receiving State’s Compact Office Transmits Reply– Email is generated to sending state users

• Compact Office, PO Supervisor & PO

– Activity History (Offender Profile) reflects the decision of the Transfer Reply

– Sending state should be sure to review the pdf and attachments for details

Additional Document Requests

Receiving State Sending State

May request documents necessary for supervision upon acceptance

• Transfer Reply or• Compact Action Request

Must provide documents within 30 calendar days

Rule 3.107

Notices of Departure & Arrival

• Fastest Processes in ICOTS!

Sending State Receiving State

NOD when offender departs

Notice of Arrival when offender arrives and reports as instructed.• Officer becomes the ‘supervising user’ in ICOTS

Notice of Failure to Report if offender failed to report within 5 business days after departing sending state.

Rule 3.104-1 & 4.105

Return of OffendersOffenders in Receiving State with Approved Reporting

Instructions During InvestigationAND

Transfer Request Rejected or Failed to submit Complete Transfer Request

Receiving State Sending State

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

Rule 3.103 & Rule 3.106

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

An offender transferring to another state is subject to registration as a sex offender in the sending state but is not required to register as a sex offender in the receiving state. This offender is still considered a sex offender by compact definition.

a) True

b) False

Scenario #2The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving state’s compact office.

a) 20

b) 45

c) 60

d) 120

Scenario #3An offender who has been under supervision for the last 2 years has been allowed to work at a job which requires him to cross a state line each day to get to his employment. The offender recently finds an apartment in the other state that is 15 minutes closer to his job and cheaper rent. The offender meets eligibility requirements for transferring supervision under the Compact but does not meet eligibility for reporting instructions. Although the sending state indicated on the transfer request the offender travels daily for work purposes only, the receiving state can reject the transfer due to the offender traveling to their state for his employment.

a) True

b) False

Scenario #4

An offender was approved for reporting instructions to be in the receiving state during the investigation. Subsequently, the transfer request was denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) Upon receipt of a rejection, the sending state must direct the offender to return within ___ business days.a) 2

b) 7

c) 10

d) 15

Questions