ICAOS Training 102-Transferring Supervision 2/5/2018 ICAOS Training 102-Transferring Supervision [Revision 5/1/2017-Includes Rules Effective 6/1/2017] 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 Behavior Requiring Retaking 105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State 106-Probable Cause Hearings

Supervision in Receiving State Cycle of a Compact Case Transfer Request Transfer Reply Notice of Departure Notice of Arrival Supervision in Receiving State Case is closed Today’s training covers the elements required for a transfer request, the investigation period, transfer reply and getting the offender to the receiving state for supervision.

Training Objectives Transfer Request Requirements Investigation Period 2/5/2018 Training Objectives Transfer Request Requirements Investigation Period Requesting Reporting Instructions Reply to Transfer Request Notice of Departure & Notice of Arrival Return of Offenders

Purpose of ICAOS Promote Public Safety Protect the Rights of Victims 2/5/2018 Purpose of ICAOS Promote Public Safety Protect the Rights of Victims Effective Supervision/Rehabilitation Control Movement of Offenders Provide for Effective Tracking

The Interstate Compact for Adult Offender Supervision 2/5/2018 The Interstate Compact for Adult Offender Supervision Courts, Parole Boards, Community Corrections & other Executive Agencies subject to ICAOS rules MUST enforce & effectuate the Compact Do you know your state’s statute? All jurisdictions including the Courts, Parole Boards, community corrections & other criminal justice agencies are subject to ICAOS Rules.

Transfer Request Copy of signed Offender Application Instant Offense DETAILS (Narrative) Photo Conditions of Supervision Financial Obligations (order by Court) Supervision history (only if currently on supervision for more than 30 calendar days) PSI (if it exists or is not prohibited for distribution) If Applicable: Sex offender registration requirements Orders of restriction Known protective orders Known gang affiliation Prison discipline and mental health history of last 2 years Rule 3.107 details the required elements that must be present in a transfer request packet. Think about what information you would like to have in order to investigate a home plan. What would you like to know? Examples include: the offender is spanish speaking, ……. Rule 3.107

Reason & Justification 2/5/2018 Reason & Justification Reason Justification Mandatory Resident or Resident Family 99% of Mandatory Transfers Discretionary Successful Completion of Supervision Public Safety Rehabilitation of Offenders Protect Rights of Victims Valid Plan of Supervision Why is the offender going to be more successful in the Receiving State Describe support system Means of support Living situation Verified Information

Data Considerations Ensure information provided is: Accurate/Relevant 2/5/2018 Data Considerations Ensure information provided is: Accurate/Relevant Detailed (no abbreviations) VERFIED!! Use the justification to illustrate how the reason for transfer and plan of supervision in the receiving state was verified NEW SLIDE Resident? How long and where has the offender lived in the RS Supported by resident family? How is the resident family going to support the offender

Transfer Request #1 Add criminal case information #2 Add offenses to case NCIC code or use drop-down #3 Attach details of offense

Transfer Request Explain: How the dropdowns work – Common conditions are listed need to choose all that apply

2/5/2018 “Sex Offender” Eligible “Offender” by Compact definition Subject to supervision Required to register in EITHER the sending state or receiving state

Transfer Request-Sex Offender If Available: Assessment Information Social History Information relevant to the offender’s criminal sexual behavior Law Enforcement Report Victim Information Demographics Statement Supervision/Treatment plan - current or recommended The following additional requirements imposed on applications for sex offenders is intended to provide more comprehensive information so that a receiving state may better determine the risk and appropriate supervision levels for a sex offender prior to accepting an application. There have been questions in regards to what “if available” means. If it is attainable, it is available. Simply it is not on your desk when you were preparing the transfer request would not mean it is not available. With the purpose of the compact being to promote public safety through communication and cooperation, states should be sharing as much information as possible about all offenders being transferred through the compact, especially the high risk populations. Rule 3.101-3

Pre-Release Transfer Submit request within 120 calendar 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 For incarcerated offenders requesting to relocate upon release, applications can be submitted within 120 days prior to the planned release date. If the release date changes or is withdrawn, the sending state is required to notify a receiving state immediately.

Transfer Request Last Chance to Delete Explain : Submit button is now active. After submitted the request cannot be deleted. Preview Button allows you to print the information in a format that is similar to today’s forms. Forwards to your Supervisor/Compact office Last Chance to Delete

Email is sent to Supervisor for review Transfer Request Or to the CO workload depending on the workflow set up If you are creating and moving activities and not getting emails. Check with your IT on any blocks Email is sent to Supervisor for review

Transfer Request Check activity status using the Compact Workload The transfer request has been transmitted to the receiving state and awaiting the reply to be completed. Per Rule 3.104 a Transfer Request must be responded to within 45 days

Investigation Period 45 Calendar days following receipt in the Receiving State’s Compact Office Rule 3.104

No Travel Prior to Transfer Reply The offender SHALL NOT proceed to the receiving state. Advisory Opinion 9-2006 & 3-2004: If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer. Rule 3.102 ICAOS rules and advisory opinions 3-2004 and 9-2006 opine that states which allow an eligible offender to travel to a receiving state without the receiving state’s permission are in violation of the Compact and in such circumstances, the receiving state can properly reject the request for transfer. Compact rules allow for emergency exceptions for offenders to proceed to the receiving state prior to acceptance. The receiving state must agree that an emergency exists and issue reporting instructions securing supervision authority while investigating the transfer.

Exceptions Offender qualifies for Reporting Instructions NEXT SLIDE Border State Situations-Medical Appointments/Outpatient Treatment or Employment Must return daily Travel limited to appointment or employment Inform via the Transfer Request Travel is limited to performing job and offender must return to sending state daily No travel during non-working hours Transfer request shall include notification to receiving state Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106

Reporting Instructions 2/5/2018 Reporting Instructions Offender must qualify for Reporting Instructions The receiving state shall request reporting instructions, unless offender is under active criminal investigation or is charged with a new criminal offense. The offender shall remain in the receiving state until receipt of reporting instructions. The sending state shall grant the request and provide reporting instructions no later than two business days In victim sensitive case, provisions of Rule 3.108-1 (Victim notification) must be followed prior to granting reporting instructions. No travel pending approval or RIs with the exception of (living in the RS at sentencing, daily commuting for existing job, medical/treatment appts)-the 102 transferring supervision talks more about this

Sex Offenders No travel permit w/o approved reporting instructions Rule 1.101 & 3.101-3

Reporting Instruction Timeframes Receiving State Sending State 2 business days to respond to all RFRIs 5 business days for sex offenders Send timely Transfer Request 15 business days 7 business days after approved expedited reporting instructions Rule 3.103 allows for probation offenders and offenders who were incarcerated for 6 months or less and who were living in the receiving state at the time of sentencing to immediately return to their residence in a receiving state. Sex offenders requesting reporting instruction per Rule 3.103 will now have to remain in a sending state until the receiving state issues reporting instructions. The timeline is also extended for response to 5 days in these cases in order for the receiving state to review the proposed residence to ensure compliance with local policies or laws prior to issuing reporting instructions. The receiving state may also deny reporting instructions for such offenders if a proposed residence is found to be invalid due to existing state law or policy. It is hopeful that this rule will reduce the number of offenders allowed to go to a receiving state under Rule 3.103 only to be return upon the rejection of a transfer request due to residence violations and invalid plans of supervision. Rule 3.101-1, 3.101-3, 3.103, 3.106

Transfer Request Reply Email is sent to user assigned Shift to receiving state point of view. Incoming TR. Access activity from Assistants, Compact Workload or Offender Profile

Transfer Request Reply Offender Profile: Action Items

Transfer Request Reply Make sure Alcohol drug treatment wasn’t chosen in error. Look at attachement

Transfer Request Reply Accepted -Valid for 120 calendar days Rejected Rejections for incomplete Transfer Request state exactly what is missing. When submitting a denial (ie residence, means of support, etc. ), remember you are denying the plan of supervision, not the offender. What is wrong with the residence, what is wrong with the support system or employment? I Rule 3.104-1 -Be specific Rule 3.104-1

Reject an Incomplete Transfer Request Be specific on what is missing from the Transfer Request. Sending State can easily update the TR Offenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days Rule 3.104 45 days begins upon receipt in the RS compact office. Important to check compact workload often for assignments.

Improper Rejections Offenders with disabilities (Rule 2.108) Offenders with pending charges (obtained before or during investigation period; AO 8-2005) Incorrect ICOTS user assigned Wrong County/Unit Specialized Officer Undocumented immigrant (AO 13-2006) Section 8 housing (AO 2-2007) Discretionary Cases without addressing the justification (3.101-2) Rejections should align with how you treat your own in-state offenders.

Transfer Request Reply Explain : Submit is now active.

Transfer Request Reply Until the compact office reviews and transmits decision, the case remains pending

Approved Transfer Reply Receiving State’s Compact Office Transmits Reply Email is generated to sending state users Compact Office, PO Supervisor & PO Activity History (Offender Profile) reflects the decision of the Transfer Reply Sending state should be sure to review the pdf and attachments for details View any comments provided in the Transfer Reply by selecting the Transfer Reply link No pdf peeking! If you’re the sending state, once approval, you can send the NOD at this time

Additional Document Requests Receiving State Sending State May request documents necessary for supervision upon acceptance Transfer Reply or Compact Action Request Must provide documents within 30 calendar days March 1, 2011 change Rule 3.107

Notices of Departure & Arrival Fastest Processes in ICOTS! Sending State Receiving State NOD when offender departs Notice of Arrival when offender arrives and reports as instructed. Officer becomes the ‘supervising user’ in ICOTS Notice of Failure to Report if offender failed to report within 5 business days after departing sending state. A receiving state may withdraw its reporting instructions if the offender does not report to receiving state as directed and shall immediately notify sending state Rule 3.104-1 & 4.105

Return of Offenders after Rejection Transfer Request TRULY Rejected or Failed to submit Complete Transfer Request AND Offender has arrived in Receiving state via Reporting Instructions Receiving State Sending State Initiates return by requesting reporting instructions within 7 business days of rejection Retains authority to supervise until departure or issuance of sending state’s warrant NOD & CCN-when offender departs NOD RI’s must be APPROVED Report Date-within 15 business days of return reporting instructions request NOA-When offender arrives Failed to Return-Issue Warrant Three reasons an offender would return to the sending state after supervision in the receiving state This one Rules 3.101-1, 3.103, 3.106 & 4.111

Workflow for ALL Returns 2/5/2018 Workflow for ALL Returns Receiving State Request RI's NOD & CCN upon departure Supervisory Authority Ends Sending State Respond to RFRI (2 days) NOA confirm arrival Failed to arrive? Issue Warrant CCN Response CASE CLOSED

2/5/2018 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.

2/5/2018 Scenario #1 An offender transferring to another state is subject to registration as a sex offender in the sending state but is not required to register as a sex offender in the receiving state. This offender is still considered a sex offender by compact definition. True False True. Register in either state.

2/5/2018 Scenario #2 The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving state’s compact office. 20 45 60 120

2/5/2018 Scenario #3 An offender who has been under supervision for the last 2 years has been allowed to work at a job which requires him to cross a state line each day to get to his employment. The offender recently finds an apartment in the other state that is 15 minutes closer to his job and cheaper rent. The offender meets eligibility requirements for transferring supervision under the Compact but does not meet eligibility for reporting instructions. Although the sending state indicated on the transfer request the offender travels daily for work purposes only, the receiving state can reject the transfer due to the offender traveling to their state for his employment. True False Border scenario False

2/5/2018 Scenario #4 An offender with approved reporting instructions is in the receiving state during the investigation. Subsequently, the transfer request is denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) To track and facilitate the return of the offender back to the sending state, the receiving state must request returning reporting instructions within ___ business days of the transmission of the rejection. 2 7 10 15 (B)7 If you are the receiving state and rejecting the plan and want the offender to return because plan is not viable, you likely would want this process to get going asap

2/5/2018 Questions