ICAOS Training 105-Mandatory Retaking Felony or Violent Crimes & Absconders Rules 4.109-2 , Rule 5.102 & 5.103-1 [[Revision May 2017-Includes Rules Effective June 1, 2017] Be Ready for a Test at the End. During this Mini Training we will focus mainly on Rules 5.102, 4.109-2 and 5.103-1. Some other rules will be discussed briefly as they relate to these rules, but for more detailed training on the other rules please attend the complete rules training or other mini trainings.

1/8/2018 ICAOS Training Series 101-Transfer & Reporting Instructions Eligibility 102-Transferring Supervision 103-Supervision in the Receiving State 104-Reporting Behavior Requiring Retaking 105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State 106-Probable Cause Hearings

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. Stress that the warrant will cover all the rules covering mandatory retaking covered in today’s training cover best practice of entering the following in the MIS field in NCIC:  Interstate Compact case with pre-signed waiver of extradition not eligible for bail/bond

“Violent Crime” Definition “Violent Crime” means: Unlawful exertion of physical force with the intent to cause injury or physical harm to a person; OR 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 Use of a deadly weapon in the commission of a crime; OR Sex offense requiring registration Could be a felony or misdemeanor 5

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” Violation Report in ICOTS enforces the ICAOS Retaking Rules Rule 5.102 Stress the part of this rule that relies on a “conviction” for the retake to be mandatory and that the conviction can be either a misdemeanor or felony and that the “violent crime” will be determined by the receiving state and that this rule applies to all “offenders” who may be convicted of a violent crime, regardless of the instant offense conviction. Again, this rule relies on a “request from a receiving state” and not all circumstances will result in a request to retake. For example, an offender gets convicted of a violent crime while under supervision in the receiving state but receives probation supervision. The receiving state may determine that the offender should remain in the receiving state for the local supervision. The sending state can still be notified of the conviction but not asked to retake. Of course, the sending state can still decide to retake under Rule 5.101.

“Upon a Request of the 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. Again, this rule relies on a “request from a receiving state” and not all circumstances will result in a request to retake. For example, an offender gets convicted of a violent crime while under supervision in the receiving state but receives probation supervision. The receiving state may determine that the offender should remain in the receiving state for the local supervision. The sending state can still be notified of the conviction but not asked to retake. Of course, the sending state can still decide to retake under Rule 5.101.

“Abscond” Definition “Abscond” means to be absent from the offender’s approved place of residence or employment and avoiding supervision 8

Three Elements of Absconding Activities shall include, but are not limited to: 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. Rule 4.109-2 This rule provides the process by which officers report an absconder after determination has been made via a. 1-3.

Absconder Violation Responsibilities Receiving State Sending 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

The Violation Report In ICOTS

Violation Reports Submit within 30 days of discovery Must attach supporting documentation Point out sections relevant to training (new conviction, absconding, etc.)

Abscond Example Good example of how to describe the elements of absconding in ICOTS via the Violation Report. Violation discovery date should be within the last 30 days as violations should always be reported timely.

New Conviction Example

Location & Availability Available for retaking? Yes=there is nothing holding the offender in the receiving state Available = there is nothing keeping the offender in the receiving state and if a mandatory retaking situation, the sending state is obligated to start the retaking process and retake within 30 days of getting their warrant per rule 5.105 Offender is NOT Available if there are pending Violent Crime or Felony Charges unless states mutually agree See Rule 5.101-1

Recommendations Recommendation must be: Warrant should be issued. When choosing a recommendation it is essential that the officer understands only the warrant option should be selected when invoking either of these rules.  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

Response to Violation Explain: All of the components of the violation report are contained in the response so the user doesn’t need to navigate to any other screen. The only action item is the response

Response to Violation A sending state shall respond no later than 10 business days Response shall include: action to be taken date action will begin estimated completion date Rule 4.109 The Response must arrive in the receiving state within 10 business days. New rule allows a sending state discretion to address violation (if capabilities exist) if the offender is unavailable for retaking due to a new term of incarceration. Be sure to communicate this on response or addendum to violation response. Find out your state’s processes via contact to the compact office.

Addendum to OVR Response

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 The receiving state is responsible for a returned offender until they close the case in ICOTS. It is essential to close the case as soon as the officer learns the offender has left the receiving state. The offender must be out of the state for a valid closure. You will mark “Retaken by Sending State” as closure reason. For absconders, the case is closed immediately following the submission of the absconder VR and “absconder” is marked as the closure reason. 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.) True False The answer is True.

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. True False The answer is False. Officers must follow the requirements in Rule 4.109-2 a. 1-3 and if after doing so the offender cannot be located, an absconder VR and Case Closure can be submitted.

Scenario #3 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.  True False True.

Scenario #4 The sending state must respond to a violation report within: 2 business days 10 business days 30 calendar days 120 calendar days B 10 business days

Questions