ICAOS Jail Administrator Presentation Presented by: [Revision 6/1/2017]

Purpose of ICAOS Promote Public Safety Protect the Rights of Victims Effective Supervision/Rehabilitation Control Movement of Probation & Parole Offenders Provide for Effective Tracking All are done in accordance with cooperation and communication sharing offender information as individuals on supervision relocate to another state outside of the jurisdiction of the state where they committed a crime and were adjudicated.

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.

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.

“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

Pre-Release Transfer Submit request within 120 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

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>

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

Authority to Arrest and Detain An offender in violation of the terms and conditions of supervision may be taken into custody or continued in custody by the receiving state. (Only if you have the authority to arrest in-state offenders without a warrant from the Court.) Rule 4.109-1

Absconder Violation Abscond means to be absent from the offender’s approved place of residence or employment and avoiding supervision If offender is not located, Receiving State submits a Violation Report and Case Closure Notice Sending State MUST issue Warrant upon receipt 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 With NO BOND AMOUNT SET In ICOTS Choose No there is no change in address. Rule 4.109-2

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.

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.

How Can You Help? Work with the County Attorney when an offender is detained on an interstate compact warrant. Ensure County Attorney knows not to file ‘Fugitive from Justice’ Work with Judges regarding Interstate Compact rules and recognizing the pre-signed waiver. If a bond is set contact the compact office.

How Can the Compact Help You? Contact us to confirm whether or not an offender is an interstate compact offender. Refer those with questions to us. If you need probation or parole officer’s involvement we can help make that happen.

Contact Interstate Commission for Adult Offender Supervision 836 Euclid Avenue Lexington KY 40502 (859) 721-1050 Phone (859) 721-1059 Fax Commission Website www.interstatecompact.org

Questions