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2014 Approved Rule Amendments Effective March 1, 2014.

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Presentation on theme: "2014 Approved Rule Amendments Effective March 1, 2014."— Presentation transcript:

1 2014 Approved Rule Amendments Effective March 1, 2014

2 Summary of 2014 Amendments 1.101 Abscond 1.101 Warrant 3.101-1 3.102 3.104-1 3.107 4.109 4.112 5.101 5.101-1 5.102 5.103 5.105 5.108 6.103 Repealed: ‘Violent Offender’ Definition & Rule 5.103-2 Time Requirement: < 30 days is business; 30 days + is calendar

3 Rule 1.101 Abscond

4 Clarifies definition by removing “with the intent of” language. The receiving state shall follow the steps in Rule 4.109-2 before declaring an offender to be an absconder. ICOTS Impact: NONE

5 Rule 1.101 Warrant

6 Clarifies that warrants for compact offenders should not allow for bond to be set. ICOTS Impact: NONE

7 Rule 3.101-1

8 New reason for reporting instructions and transfer of supervision for veterans receiving treatment –Requires referral & documentation ICOTS Impact: $21,160 –Update Transfer Request and Request for Reporting Instructions builders, PDFs and reports

9 Rule 3.102

10 Provides an exception to allow offender’s released to a detainer in the receiving state to be there pending reporting instructions and the investigation Would not apply to offenders released to federal detainers ICOTS Impact: None –Use Expedited RFRI

11 ICOTS RFRI Updates Rule 3.101-1 (a)(5) Rule 3.102 (d)

12 Rule 3.104-1

13 Ability to withdraw acceptance after an offender’s failure to report following the transmission of an NOD was added to this rule as it exists in Rule 3.105 (c) ICOTS Impact: None

14 Rule 3.107 (12)

15 Requires institutional information during last 2 years ICOTS Impact: $8,560

16 Rule 4.109

17 Rule 4.109 (c) With the advent of ICOTS there is no need for this language ICOTS Impact: None

18 Rule 4.112

19 Provides a 10 business day extension after the supervision end date for a receiving state to transmit a case closure ICOTS Impact $4,840 –Additional Notifications to submit Case Closure

20 Rule 5.101

21 Outlines the absolute authority of the sending state to retake an offender at the sending state’s sole discretion, with exceptions noted for other retaking rules New Rule 5.101-1 addresses retaking offenders with pending charges since this issue is no longer addressed here ICOTS Impact: None

22 Rule 5.101-1

23 Rule 5.101-1 (New) Outlines the process the receiving and sending state must follow to allow the sending state to retake an offender who has committed a subsequent felony or violent crime in the receiving state. ICOTS Impact: None

24 Rule 5.102 Removes Definition of Violent Offender and Rule 5.103-2

25 Rule 5.102 Removes mandatory retaking for a ‘Violent Offender’ after 1 significant violation Removes definition of ‘Violent Offender’ Elements of 5.103-2 (b) inserted into 5.102 ICOTS Impact: $5,255 –Remove option from OVR, PDFs, etc.

26 Rule 5.103

27 Establishes a time frame for sending states to order the return of an offender ICOTS Impact: None

28 Rule 5.105

29 Clarifies what triggers the 30 calendar day time frame for retaking ICOTS Impact: None. –ICOTS currently does not capture data able to measure compliance with this rule.

30 Rule 5.105 & ICOTS Email reminders & Offenders Awaiting Retaking Report are tools to manage offenders subject to retaking. These offenders have with status of ‘Available’ by Receiving State & Response of ‘Warrant Issued/Requested’ by Sending State.

31 Rule 5.108

32 A judgment of conviction of any criminal offense is sufficient evidence of probable cause ICOTS Impact: None

33 Rule 6.103

34 Provides discretion for penalties to be imposed for a defaulting state and allow for time to cure defaults if appropriate ICOTS Impact: None

35 Time Frame Changes 2.110, 3.103, 3.104, 3.105, 3.106 amended by Time Requirement motion. Time Requirement: < 30 days = business days; 30 days + = calendar days Calendar to business: more time to complete action.

36 To Request Training Assistance for your State http://www.interstatecompact.org/Legal/Po licies.aspxhttp://www.interstatecompact.org/Legal/Po licies.aspx Follow the steps in the Training and Technical Assistance Policy located on the ICAOS Website under the Legal Tab


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