ICAOS Training 103-Supervision in the Receiving State 5/14/2018 ICAOS Training 103-Supervision in the Receiving State [Revision 5/1/2017-Includes Rules Effective 6/1/2017] Be Ready for a Test at the End.

5/14/2018 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

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 supervision responsibilities in the receiving state.

Training Objectives Victim’s Rights & Notification 5/14/2018 Training Objectives Victim’s Rights & Notification Supervision Responsibilities Return of Offenders Reporting Violations Case Closure

Purpose of ICAOS Promote Public Safety Protect the Rights of Victims 5/14/2018 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 5/14/2018 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.

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 Confidential Rule 3.108-1

Victim Special Status

Notification to Victims Both States’ responsibility Change in Offender Status Engages in behavior requiring retaking (Violation Report) Changes address Returns to the sending state where victim resides Departs receiving state under approved plan in subsequent receiving state Issued a temporary travel permit in a victim sensitive case Requests for status information 5 business days Rule 3.108(b)

Rule 4.101 Receiving state’s responsibility to supervise compact offenders consistent with local offenders INCLUDING programs, sanction/interventions Do EVERYTHING you would for instate offender EXCEPT extend supervision or revoke

ICAOS Requirements Excerpt from Benchbook 5/14/2018 ICAOS Requirements Excerpt from Benchbook ‘Participation in the ICAOS ensures not only the controlled movement of offenders under community supervision, but also that out-of-state offenders will be given the same resources and supervision provided to similar in-state offenders including the use of incentives, corrective actions, graduated responses and other supervision techniques’ Excerpt from Benchbook 2.8-New slide. Thoughts? After a sending state grants permission to an offender meeting the mandatory acceptance criteria to relocate, the receiving state must assume supervision over the offender and treat the offender in the same manner as in-state offenders. This principle applies to both the quality and quantity of supervision as well as access to rehabilitative programs .  Make a new Training Note regarding incentives, sanctions, graduated responses? We say can only impose conditions that would impose on own offenders, but it is also an obligation the receiving state to supervised the same

Supervision Responsibilities Receiving 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 Conditions Access to rehabilitative programs Impose Conditions-Notify opposite state (Rule 4.103) Include w/ Transfer Reply or anytime during supervision using the Progress Report *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 Notification of conditions. Sending state Transfer Request or CAR associated with TR; Receiving State Transfer Reply or Progress Report

Supervision Responsibilities Receiving State Sending State Impose Application Fee (Rule 4.107) Check ICAOS website-State Pages Impose Supervision Fee (Rule 4.107) AFTER Acceptance 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) Within 30 calendar days of request Update/Add Conditions of Supervision Notify of compliant & non-compliant behavior Request using specialized CAR

Progress Report Supervision Update Ability to add new conditions imposed Documentation on compliant & non-compliant behavior that DOES NOT require retaking Report New Arrest

Managing Conditions View conditions imposed previously Add new conditions of supervision

Reporting an Arrest or Status of Conditions 5/14/2018 Reporting an Arrest or Status of Conditions If reporting on both send 2 progress reports Report compliance/non-compliance on conditions of supervision Attach documentation

Incentives/Sanctions

Recommendations

Receiving State Supervision Create activities in ICOTS from the offender profile.

5/14/2018 Return of Offenders In Receiving State During Investigation with Approved Reporting Instructions AND Transfer Request Rejected or Failed to submit Complete Transfer Request Offender’s Request to Return After Violation Report: Retaking Process for behavior requiring retaking (not a new crime!) Rule 5.103 allow return via reporting instructions in lieu of retaking

Workflow for ALL Returns 5/14/2018 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

Reporting Violations REQUIRING Retaking Violation Report = Retaking!

Unsuccessful Supervision Behavior Requiring Retaking “behavior would rise to level of revocation because…”  Non-Compliant Behavior RECEIVING STATE would request revocation RETAKING DOCUMENTED Unsuccessful Supervision Non-Compliant Behavior Sanctions would be applied to address behavior Address behavior/Provide documentation via Progress Report Be sure to distinguish reporting to the court and revocation. If there are avenues available to address the non-compliant behavior, violation report is not appropriate. Rule 1.101 Behavior Requiring Retaking definition

Options to address behavior have been EXHAUSTED! 5/14/2018 Options to address behavior have been EXHAUSTED! Court/Parole Board in your jurisdiction actually revokes for similar behavior RECEIVING STATE would request revocation Revocation is NOT simply reporting a condition violation to the court. Clarification slide for determining whether you WOULD request revocation in your state. Is this behavior requiring retaking. Revocation is likely Revocation: Sentencing authority terminates supervised release and incarcerates the offender

Use of Violation Report Reports “behavior requiring retaking” Recommending revocation of supervision DOCUMENTATION! Enforces retaking rules Purpose of Violation Report as currently deigned. Recommendation should match what action the receiving state would like from the sending state

“behavior would rise to level of revocation because…” Violation Reports Receiving State Sending State Submit Violation Report within 30 calendar days of discovery or determination supervision is no longer a viable option Include Supporting Documentation Police reports Toxicology reports Preliminary findings Details/Status of infraction Incentives/Sanctions applied Ensure ‘Availability’ Status is correct Respond within 10 business days “behavior would rise to level of revocation because…”  Rule 4.109

Violation Reporting Considerations The sending state is only going to know what you tell them Use the same detail if reporting to your own authorities Specifics on how the behavior was determined to be revocable Has the option of working with the offender (e.g. intervention) been exhausted?

Violation Report Checklist Violation reported is revocable behavior “violation would rise to level of revocation because…”  Reported timely Requiring return/retake Availability status accurate Ensure no pending charges exist Supporting documentation included “Story” provided on why supervision is not successful Review offender profile to ensure consistency/accuracy TOTAL PICTURE! DCAs/compact staff are compliance gate keepers Do not transmit without reviewing all information Back it up!

Be sure to use addendums for ALL subsequent violation correspondence Violation Reports Receiving State Sending State Be sure to use addendums for ALL subsequent violation correspondence

Absconder Violation Responsibilities Abscond means to be absent from the offender’s approved place of residence or employment and avoiding supervision 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 Rule 4.109-2

Receiving State requests retake &: Mandatory Retaking Receiving State requests retake &: Mandatory Retake? Sending State Action Report of ‘Behavior Requiring Retaking’ Yes Issue warrant OR Order offender to return within 15 business days May ask for PC Hearing Conviction of new felony or violent crime Issue warrant If serving a new sentence of incarceration for the new crime-sending state may hold violation hearing Requires approval of authority and offender See Rule 5.101-2 “Absconder” apprehended in receiving state on sending state’s warrant Warrant previously issued per Rule 4.109-2 Receiving states should seriously consider which offenders they recommend for retake under this This rule, as under Rules 5.102 and 5.103, start with a “request from the receiving state,” so the request doesn’t always have to be made and all circumstances surrounding the offender and the violation should be considered. Training Note: 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.

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 Retaking requires a warrant and detainer. You also have the option to order the return of the offender unless the receiving state has asked for you to retake under one of the mandatory retaking reasons.

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 The sending state must submit a case closure reply within 10 business days of receipt Rule 4.112

5/14/2018 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.

5/14/2018 Scenario #1 The receiving state determines the length of time that a compact offender is supervised. True False False-the offender is supervised for a length of time determined by the sending state.

5/14/2018 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. True False True

5/14/2018 Scenario #3 Only ‘behavior requiring retaking’ 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. True False True

5/14/2018 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. True False false

5/14/2018 Scenario #5 Although the sending state has received only progress reports notifying of non-compliant behavior with conditions of supervision, 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. True False True

5/14/2018 Questions