Presentation on theme: "ICAOS Mini Training Rule 5.102 Mandatory Retaking Felony or Violent Crimes & Rules 4.109-2 & 5.103-1 Absconders Presented by: Training Committee [Revision."— Presentation transcript:
ICAOS Mini Training Rule 5.102 Mandatory Retaking Felony or Violent Crimes & Rules 4.109-2 & 5.103-1 Absconders Presented by: Training Committee [Revision 5/30/2014] Be Ready for a Test at the End.
Training Objectives Define “Warrant” What triggers Rule 5.102? Define “Violent Crime” Conviction for a new violent crime Conviction for a new felony offense What triggers Rule 4.109-2 & 5.103-1 ? Define “Abscond” 3 Elements of “absconding”
“Warrant” Definition “Warrant” means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.
“Violent Crime” Definition “Violent Crime” means: 1.Unlawful exertion of physical force with the intent to cause injury or physical harm to a person; OR 2.Offense in which a person incurred direct or threatened physical or psychological harm as defined by the criminal code of the state in which the crime occurred; OR 3.Use of a deadly weapon in the commission of a crime; OR 4.Sex offense requiring registration
Mandatory Retake for a New Felony or Violent Crime Upon the request of the receiving state, the sending state shall issue a warrant and retake: –after notice an “offender” has been convicted of a new felony offense OR “violent crime” Rule 5.102
“Upon a Request of the Receiving State….” Receiving State: –Has exhausted options –No longer a good “plan of supervision” The receiving state may notify using a Progress Report when not asking for retake.
“Abscond” Definition “Abscond” means to be absent from the offender’s approved place of residence or employment and avoiding supervision
Three Elements of Absconding Activities shall include, but are not limited to: 1)Conducting a field contact at the last known place of residence; 2)Contacting the last known place of employment; if applicable; 3)Contacting known family members and collateral contacts. Rule 4.109-2
Absconder Violation Responsibilities Receiving StateSending State Submit Violation Report Submit Case Closure Issue Warrant upon receipt Respond to Violation Report Validate Case Closure Offender apprehended in receiving state Conduct Probable Cause Hearing if requested File detainer when in custody Pending retaking, warrant MUST remain in place
Location & Availability Offender is NOT Available if there are pending Violent Crime or Felony Charges unless states mutually agree See Rule 5.101-1 Available for retaking? Yes=there is nothing holding the offender in the receiving state
Recommendations Recommendation must be: Warrant should be issued.
Addendum to OVR Updates Violation Record; Use for Violation correspondence DO NOT report new violations on an Addendum
When the RS Closes the Case in ICOTS Under Rule 5.102, close the case once the offender has been picked up by the sending state Under Rule 4.109-2, close the case immediately after submission of absconder VR Rule 4.112
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 To invoke retaking under Rule 5.102, the offender must be convicted of either a new felony offense or violent crime (felony or misd.) a)True b)False
Scenario #2 I am supervising an interstate compact offender and he has failed to report to his last 2 office visits. I can submit a Violation Report and Case Closure for absconding to the Sending State. a)True b)False
Scenario #3 In order to invoke Rule 5.102, a receiving state must report a new felony or violent crime conviction within: a)15 business days of discovery b)30 calendar days of discovery c)60 calendar days of discovery d)No time limit, Receiving state can report when they no longer wish to supervise the offender.
Scenario #4 I am an officer in the receiving state that is supervising an offender who is currently on probation for Possession of Controlled Substance (F). While under supervision in my state, the offender receives a new conviction for Battery Domestic Violence (M). Based on the “Violent Crime” definition, this offender may be subject to mandatory retaking requirements under ICAOS Rule 5.102. a)True b)False
Scenario #5 The sending state must respond to a violation report within: a)2 business days b)10 business days c)30 calendar days d)120 calendar days