ICAOS Jail Administrator Presentation

Presented by:

[Revision 5/18/2012]

Purpose of ICAOS

• Promote Public Safety• Protect the Rights of Victims• Effective Supervision/Rehabilitation• Control Movement of Probation & Parole 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?

Interstate Compact Legislation

Authority of the Interstate Compact

• The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime.

–Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.

National Governing Body

• All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact

– Rule Making Authority

– Compliance Enforcement

ICAOS Considerations

• ICAOS regulates how offenders are:– Transferred from one state to another– Supervised while on Compact supervision– Returned to a sending state when an offender violates

“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

Pre-Release Transfer

• Submit request within 120 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– or if release date has been withdrawn or denied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

Waiver of Extradition

• Offender Application for Transfer– Prior to leaving the sending state, the offender SHALL sign

a waiver of extradition.– Extradition hearings are not required.

Rule 3.109

Supervision

• Receiving state determines degree of supervision

– MUST be consistent with the supervision of other similar offenders sentenced in the receiving state

• Special Conditions• Violations

• Sending State determines length of supervision.

Rule 4.101 & 4.102

Authority to Arrest and Detain

• An offender in violation of the terms and conditions of supervision may be taken into custody or continued in custody by the receiving state.

– (Only if you have the authority to arrest in-state offenders without a warrant from the Court.)

Rule 4.109-1

Absconder ViolationAbscond means to be absent from the offender’s approved place of residence or employment with the intent to avoid supervision

•If offender is not located, Receiving State submits a Violation Report and Case Closure Notice

•Sending State MUST issue Warrant upon receipt

– Warrant means:• Written order commanding law enforcement to arrest an

offender• SHALL be entered in the NCIC Wanted Person File with

a nationwide pick-up radius

Rule 4.109-2

Retaking• Means the act of the sending state physically removing

an offender or causing to have an offender removed, from a receiving state.

• Requires a warrant & detainer– Warrant means:

• Written order commanding law enforcement to arrest an offender

• SHALL be entered in the NCIC Wanted Person File with a nationwide pick-up radius

• NO BAIL or other release conditionsRule 5.101

Retaking

• Sending State retains authority to retake at ANYTIME unless offender is charged with a new crime in the receiving state.

– Offender charged with a new criminal offense cannot be retaken:

• without the consent of receiving state; OR• until charges have been dismissed; OR• sentence has been satisfied; OR• offender released to supervision for new offense

Rule 5.101

Mandatory RetakingRules 5.102, 5.103, 5.103-1, 5.103-2

• Upon the request of the receiving state, the sending state shall issue a warrant and retake:– upon conviction of a new felony offense – upon conviction of a new violent crime – upon notice a “violent offender” has committed 1

significant violation – upon notice the offender has committed 3 significant

violations Non-violent offenders subject to retaking for significant

violations may be ordered to return in lieu of retaking

– upon receipt of an absconder violation report and case closure

Retaking Responsibilities

• Sending State– Cost of retaking– Retake within 30 days– Establish authority of

officers– Identify the offender

• Ensure no detainers against offender exist

• Ensure no extradition proceedings are pending

• Receiving State– Cost of detaining– No bail or other

release conditions allowed for offender

– Conduct PC Hearing if requested

Probable Cause Hearings

• Morrisey vs. Brewer 408 U.S. 471 (1972)

• Gagnon vs. Scarpelli 411 U.S. 778 (1973)

• Offenders are entitled to a probable cause hearing:– Close proximity to where the violations occurred– An “administrative” hearing – not to determine

guilt/innocence and level of due process is less than that of a revocation hearing

– Conducted by a “neutral and detached” person

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.

How Can You Help?

• Work with the County Attorney when an offender is detained on an interstate compact warrant.– Ensure County Attorney knows not to file ‘Fugitive

from Justice’

• Work with Judges regarding Interstate Compact rules and recognizing the pre-signed waiver.– If a bond is set contact the compact office.

How Can the Compact Help You?

• Contact us to confirm whether or not an offender is an interstate compact offender.

• Refer those with questions to us.

• If you need probation or parole officer’s involvement we can help make that happen.

• Interstate Commission for Adult Offender Supervision836 Euclid AvenueLexington KY 40502(859) 721-1050 Phone(859) 721-1059 Fax

• Commission Websitewww.interstatecompact.org

Contact

Questions