ICOTS Enhancements Implementation May 31, 2017

Impact for Amendments/ICOTS Enhancements Promotes single standard of supervision Affirms the authority of a receiving state to impose conditions, supervise and sanction DOCUMENT using Progress Report Requires documentation of supervision practices and justification for retaking Sustain violations in the sending state Supports EBP and behavioral change Tracy

Highlights for Amendments/ICOTS Enhancements 6/11/2018 Highlights for Amendments/ICOTS Enhancements Rule Effective Date: June 1, 2017 ICOTS changes implemented: May 31st, 2017 Redesigned ‘Managed’ Progress Report Renamed Violation Report Requiring Retaking ‘Behavior Requiring Retaking’ replaces ‘Significant Violation’ report type New Offender Application for Transfer Keep conversation going ICOTS piece will be easy. Screens will require and prompt for more documentation

Offender Application/Waiver Transfer is a privilege Manner of supervision determined by the receiving state

New Look for Website Generated Application 6/11/2018 New Look for Website Generated Application New Website Generated ICOTS Generated In addition to a new look to the website generated form, there will be a reasonable time where old and new versions of the application form are acceptable with a transfer request. Note: Both new and old applications are acceptable beginning May 1st. States will have a reasonable time to distribute the new website application for use

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

New Progress Report May 31, 2017

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 6/11/2018 Managing Conditions View conditions imposed previously Data pulls from offender’s Plan of Supervision from profile Add new conditions of supervision REQUIRED to inform Sending State when imposing new conditions

Reporting an Arrest or Status of Conditions 6/11/2018 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

Report Imposed Incentives/Sanctions

Recommendations

‘Behavior requiring retaking’ ‘Significant Violation’ REMOVED! 6/11/2018 New Violation Type ‘Behavior requiring retaking’ ‘Significant Violation’ REMOVED!

Reporting Violations REQUIRING Retaking 6/11/2018 Reporting Violations REQUIRING Retaking ALL Violation Reports = MANDATORY 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! 6/11/2018 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 Requiring Retaking Report as either: Single Act/Behavior Continued Behavior Combination of Behaviors Within 30 days User must specify exactly which condition, whether imposed by Sending or Receiving State while providing both a discovery and violation date. Be specific on what the significant violation is. In some instances, the accumulation of the offender’s non-compliance with conditions = the significant violation. In this example, it is the fact the offender has continuously violated the no drugs/alcohol condition. In my state 1 dirty UA would not result in a request for revocation, but this continuous behavior would.

Attachments Supporting documentation shall be included Police reports Toxicology reports Preliminary findings Additional information regarding the ‘behavior requiring retaking’ All attachments, if not already attached in probation violations should be attached in this section. If attachments are not included in a violation per rule 4.109 the violation report is invalid and should be returned.

Probable Cause Information Provide PC Status PC Training Session Available Establishing Probable Cause per Rule 5.108 when reporting the violation may speed up the retaking process! When there is a possibility of revocation once retaken/returned, the offender has a RIGHT to a PC hearing near where the alleged violations occurred prior to retaking Establishing Probable Cause per Rule 5.108 when reporting the violation may speed up the retaking process! When there is a possibility of revocation once retaken/returned, the offender has a RIGHT to a PC hearing near where the alleged violations occurred. Ensure Hearing Reports meet requirements of Rule 5.108 PC information can be updated/added, via Addendum to Violation Report

“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