Parole Board Training Presented by: [Revision 6/1/2017]

Purpose of ICAOS Promote Public Safety Protect the Rights of Victims 6/1/2018 Purpose of ICAOS Promote Public Safety Protect the Rights of Victims Effective Supervision/Rehabilitation Control Movement of Offenders Provide for Effective Tracking

Interstate Compact Legislation Courts, Parole Boards, Community Corrections & other Executive Agencies Subject to ICAOS rules MUST enforce & effectuate the Compact Do you know your state’s statute? States just don’t decide to be a member of the interstate compact, they actually each enacted legislation to enable the Interstate Compact. Therefore all jurisdictions within your state are subject to the rules and must enforce the compact. It’s law. The rules are a framework for all states to work with. The rules are not intended to impact Judicial sentencing, only the transfer process, the supervision of the offender in another state and the return of an offender in violation.

Authority of the Interstate Compact The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime. Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.

National Governing Body All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact Rule Making Authority Compliance Enforcement Since all states and three territories are members, this creates a national governing body which allows for the member to collaboratively make rules to be enforced universally and allows for enforcement of compliance.

Enforcement Power Commission has authority to enforce the compact and its rules upon the states by: Requiring remedial training Requiring mediation/arbitration of dispute Imposing monetary fines on a state Seeking relief in federal court, most likely by obtaining an injunction to curtail state action or compel compliance

ICAOS Considerations ICAOS regulates how offenders are: Transferred from one state to another Supervised while on Compact supervision Returned to a sending state when an offender violates The ICAOS is NOT about telling judges how to sentence criminal offenders nor about telling prosecutors how to charge offenses. The ICAOS is about how offenders, released to supervision, are transferred and supervised over state lines and returned to a sending state when in violation.

What Triggers the Compact? An Offender subject to Supervision who wishes to Relocate to another state

“Offender” Adult who commits a criminal offense AND Is subject to supervision; Released to the community under jurisdiction of: Courts Paroling Authorities Corrections Other Criminal Justice Agencies; AND meets eligibility requirements An offender is someone subject to supervision and meets the eligibility requirements

“Supervision” Has 2 distinct criteria: 6/1/2018 “Supervision” Has 2 distinct criteria: Oversight exercised by a controlling authority, which includes Courts, Parole Boards, etc… Required to monitor regulations or conditions, other than monetary. The current definition of supervision has been interpreted to require transfer of certain offenders whom the sentencing courts have clearly not intended to be subject to “supervision” as it has been traditionally understood. These include offenders placed on probation as a means to preserve jurisdiction while the offenders pay court-ordered fees, fines, court costs and restitution. BASICALLY: UNSUPERVISED OFFENDERS WHO ONLY OWE MONEY   Since the monitoring and collection of outstanding monies is the sending state’s responsibility under Rule 4.108, regardless of the offender’s location, there is no benefit in requiring transfer of cases, when the only conditions to be satisfied are monetary.

6/1/2018 “Relocate” “Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period. Rule 1.101 definitions-Rule 2.110 Relocate is defined by ICAOS Rules as “to remain in another state for more than 45 Consecutive days in any 12 month period.” Rule 2.110 makes a clear statement that any offender under supervision that moves across a state line and remains there for more than 45 consecutive days in any 12 month period must be transferred under the compact.

Eligible Offender Must Transfer to Relocate 6/1/2018 Eligible Offender Must Transfer to Relocate Eligible Offenders Non-eligible Offenders All Felons Certain Misdemeanants (Rule 2.105) Next Slide Deferred Sentences (Rule 2.106) Is there a finding of guilt? Has a plea been entered? Given up the right to trial? Those on work-release (Rule 2.107) Or released under furlough Or on a pre-parole program Those on a Pre-Trial Intervention Programs “Unsupervised” Offenders requiring monitoring Bench Probation Offenders released on bail

Eligible Misdemeanants 6/1/2018 Eligible Misdemeanants Sentence = 1+ years of supervision AND Instant Offense includes one or more: Person incurred direct or threatened physical or psychological harm. 2nd or subsequent conviction of driving while impaired by drugs or alcohol Use or possession of a firearm involved. Sex offense requiring registration in the sending state The Compact Rules also address misdemeanants eligible for transfer. The rule requires that an offender convicted of a misdemeanor must first meet the eligibility requirements of Rule 3.101 and be sentenced for one year or more of supervision. In addition, their current offense must meet one of the following conditions: 1.) An offense in which a person incurred direct or threatened physical or psychological harm; 2.) An offense that involves the use or possession of a firearm; 3.) A second or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol; 4.) A sexual offense that requires the offender to resister as a sex offender in the sending state. Rule 2.105

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.

Waiver of Extradition Offender Application for Transfer Prior to leaving the sending state, the offender SHALL sign a waiver of extradition. Extradition hearings are not required. Rule 3.109 The form an offender signs before transferring or leaving a state under the compact, is the application for transfer form. This form contains a waiver of extradition stating that the offender waives all legal requirements to extradition of offenders who are fugitives from justice. <PAUSE>

Transfer Requirements Application for Transfer-Includes Waiver of Extradition 90 days + remaining on supervision Offender in substantial compliance Reason for Transfer Justification w/ Plan for Supervision Documentation must be provided with Transfer Request-Rule 3.107 Victim Notification-ICOTS VINE Watch

6/1/2018 “Sex Offender” Eligible “Offender” by Compact definition Subject to supervision Required to register in EITHER the sending state or receiving state Additional documents required for Transfer NO TRAVEL PERMITS without approved Reporting Instructions

Supervision Receiving state shall supervise an interstate offender consistent with the supervision of other similar offenders sentenced in the receiving state: Conditions Incentives, corrective actions, graduated responses Violations Duration of supervision is determined by the sending state. Rule 4.101 & 4.102

Retaking Requires a warrant & detainer Means the act of the sending state physically removing an offender or causing to have an offender removed, from a receiving state. Requires a warrant & detainer Warrant means: Written order commanding law enforcement to arrest an offender SHALL be entered in the NCIC Wanted Person File with a nationwide pick-up radius NO BAIL or other release conditions Rule 5.101

Retaking Sending State retains authority to retake at ANYTIME unless offender is charged with a new 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.

Receiving State requests retake &: Mandatory Retaking Rules 5.102, 5.103, 5.103-1 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 rule after the commission of only one significant violation. 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.

due to unsuccessful Supervision Behavior Requiring Retaking “behavior would rise to level of revocation because…”  Non-Compliant Behavior I Would Request Revocation in my State. Retaking due to unsuccessful Supervision Non-Compliant Behavior I Would apply sanctions for such actions in my State. 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

Retaking Responsibilities Sending State Cost of retaking Retake within 30 days Establish authority of officers Identify the offender Ensure no detainers against offender exist Ensure no extradition proceedings are pending Receiving State Cost of detaining No bail or other release conditions allowed for offender Conduct PC Hearing if requested Officers of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of sentence provided that: No detainer has been placed against the offender by the state in which the facility lies No extradition proceedings have been initiated by a third-party state Rule 5.110

Probable Cause Hearings Morrisey vs. Brewer 408 U.S. 471 (1972) Gagnon vs. Scarpelli 411 U.S. 778 (1973) Offenders are entitled to a probable cause hearing: Close proximity to where the violations occurred An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing Conducted by a “neutral and detached” person

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.

ICAOS Whitepapers Why your state can be sanctioned upon violation of the Compact or the ICAOS rules? Discusses common misconceptions regarding the rules and authority of the compact Addresses specific cases leading to violation of the compact Discharge of sentences in lieu of retaking is a violation of the Compact and the ICAOS Rules Discusses sending state obligations for retaking

Compact Office Resource 6/1/2018 Compact Office Resource

6/1/2018 ICAOS Resources Note there is a module for parole board members on ICAOS website among others

Contact [State Compact Info] Commission Website www.interstatecompact.org

Questions