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 ConfidentialRule 3.108-1

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 ResponsibilitiesReceiving State Sending 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 4.103-1)

Offender Registration/DNA Testing (Rule 4.104)

Shall assist the sending state

Supervision ResponsibilitiesReceiving State Sending State

Impose Application Fee (Rule 4.107)

Check ICAOS website-State Pages

Impose Supervision Fee (Rule 4.107)

AFTER AcceptanceCheck 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 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

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…” 

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

Violation Reports

Receiving State Sending 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 4.109

“violation would rise to level of revocation because…” 

Violation Reports

Receiving State Sending State

Be sure to use addendums for ALL subsequent violation correspondence

Absconder Violation Responsibilities

Receiving State Sending 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 4.109-2

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

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

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