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 *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
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! 7/21/2018 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
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
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