[Revision 1/1/2017-Includes Rules Effective 3/1/2018] 4/5/2019 ICAOS Rules Training [Revision 1/1/2017-Includes Rules Effective 3/1/2018]

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 the ‘pre-work’ for a compact case. Prior to requesting transfer of supervision to another state, the sending state determines if the offender is eligible for transfer and the reason for transfer. Today’s session covers ICAOS rules for eligibility and reasons for transfer and qualifications for reporting instructions.

Purpose of ICAOS Promote Public Safety Protect the Rights of Victims 4/5/2019 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 4/5/2019 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.

What Triggers the Compact? 4/5/2019 No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by these rules. What Triggers the Compact? No State Shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by these rules. The clear meaning of this rule is if an offender meets the eligibility criteria of the compact they SHALL NOT relocate to another state without the receiving states permission. No offender has the right to transfer. It is always at the discretion of the sending state. Rule 2.110

4/5/2019 “Relocate” “Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period. 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. Rule 1.101 definitions-Rule 2.110

“Offender” Adult who commits a criminal offense AND Courts 4/5/2019 “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 Rule 1.101 definitions

“Supervision” Has 2 distinct criteria: 4/5/2019 “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. Rule 1.101 definitions

Non-eligible Offenders 4/5/2019 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 4/5/2019 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

Transfer Requirements 4/5/2019 Transfer Requirements Decision to transfer is solely at the discretion of the sending state. An Offender shall be eligible and the receiving state shall accept transfer, if the offender: Has more than 90 days of supervision remaining; and Has a valid plan of supervision; and Is in substantial compliance in the sending state; and Is a Resident of the Receiving State; or (1) has resident family in receiving state who are willing to assist and have the ability to assist. and, (2) can obtain employment or has means of support Discretion of Sending State 90 days of supervision remaining Substantial compliance as determined by the sending state Valid plan of supervision Residence Financial support Terms and conditions of supervision Reason & Justification for transfer Rule 3.101

Reasons & Justification for Transfer Resident: inhabited one year prior to offense Resident Family: Parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent Inhabited receiving state for 180 calendar days Employment Transfer: At the direction of employer as a condition of maintaining employment Over 98% of MANDATORY transfers are for Resident or Resident Family! New documentation requirements for military/employment transfers to ensure rule is applied appropriately. For example, employment transfers are involuntary as a condition to maintain employment, not for voluntary transfers or for promotion opportunities. Although those may make for good discretionary transfers. Rule 3.101, 3.101-1 & 3.101-2

Discretionary Transfers 4/5/2019 Discretionary Transfers Provide sufficient documentation to justify the requested transfer. The receiving state has the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact Successful Completion of Supervision Public Safety Rehabilitation of Offenders Protect Rights of Victims Acceptances are likely when information provided supports the purpose of the compact. Good justifications = higher rate of acceptances. Rule 3.101-2

4/5/2019 Transfer Acceptance Mandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervision Discretionary – Offenders not eligible for mandatory transfer Sending state must justify “WHY” Receiving state has the discretion to accept or reject supervision Rejections must include specific reasons for rejection Remind again that no offender has the right to transfer. (with specific reason for rejection) Rule 3.101 & 3.101-2

Transfer Request Copy of signed Offender Application If Applicable: Instant Offense DETAILS (Narrative) Photo Conditions of Supervision Financial Obligations (order by Court) Supervision history (only if currently on supervision for more than 30 calendar days) PSI (if it exists or is not prohibited for distribution) If Applicable: Sex offender registration requirements Orders of restriction Known protective orders Known gang affiliation Prison discipline and mental health history of last 2 years Rule 3.107 details the required elements that must be present in a transfer request packet. Think about what information you would like to have in order to investigate a home plan. What would you like to know? Examples include: the offender is spanish speaking, ……. Rule 3.107

Mandatory Discretionary 4/5/2019 Mandatory Resident or Resident Family 99% of Mandatory Transfers Discretionary Successful Completion of Supervision Public Safety Rehabilitation of Offenders Protect Rights of Victims

Valid Plan of Supervision-Required for ALL Transfers! 4/5/2019 Valid Plan of Supervision-Required for ALL Transfers! Why is the offender going to be more successful in the Receiving State Describe support system Means of support Living situation Verified Information

Ensure information provided is: 4/5/2019 Ensure information provided is: Accurate/Relevant Detailed (no abbreviations) VERFIED!! Use the justification to illustrate how the reason for transfer and plan of supervision in the receiving state was verified NEW SLIDE Resident? How long and where has the offender lived in the RS Supported by resident family? How is the resident family going to support the offender

NCIC code or use drop-down Transfer Request #1 Add criminal case information #2 Add offenses to case NCIC code or use drop-down #3 Attach details of offense

Transfer Request Explain: How the dropdowns work – Common conditions are listed need to choose all that apply

4/5/2019 “Sex Offender” Eligible “Offender” by Compact definition Subject to supervision Required to register in EITHER the sending state or receiving state Rule 1.101 definitions

Transfer Request-Sex Offender If Available: Assessment Information Social History Information relevant to the offender’s criminal sexual behavior Law Enforcement Report Victim Information Demographics Statement Supervision/Treatment plan - current or recommended The following additional requirements imposed on applications for sex offenders is intended to provide more comprehensive information so that a receiving state may better determine the risk and appropriate supervision levels for a sex offender prior to accepting an application. There have been questions in regards to what “if available” means. If it is attainable, it is available. Simply it is not on your desk when you were preparing the transfer request would not mean it is not available. With the purpose of the compact being to promote public safety through communication and cooperation, states should be sharing as much information as possible about all offenders being transferred through the compact, especially the high risk populations. Rule 3.101-3

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 Pre-Release Transfer 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. Rule 3.105

Transfer Request Last Chance to Delete Explain : Submit button is now active. After submitted the request cannot be deleted. Preview Button allows you to print the information in a format that is similar to today’s forms. Forwards to your Supervisor/Compact office Last Chance to Delete

Transfer Request Email is sent to Supervisor for review Or to the CO workload depending on the workflow set up If you are creating and moving activities and not getting emails. Check with your IT on any blocks Email is sent to Supervisor for review

Transfer Request Check activity status using the Compact Workload The transfer request has been transmitted to the receiving state and awaiting the reply to be completed. Per Rule 3.104 a Transfer Request must be responded to within 45 days

Investigation Period 45 Calendar days following receipt in the Receiving State’s Compact Office Rule 3.104

No Travel Prior to Transfer Reply The offender SHALL NOT proceed to the receiving state. Advisory Opinion 9-2006 & 3-2004: If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer. ICAOS rules and advisory opinions 3-2004 and 9-2006 opine that states which allow an eligible offender to travel to a receiving state without the receiving state’s permission are in violation of the Compact and in such circumstances, the receiving state can properly reject the request for transfer. Compact rules allow for emergency exceptions for offenders to proceed to the receiving state prior to acceptance. The receiving state must agree that an emergency exists and issue reporting instructions securing supervision authority while investigating the transfer. Rule 3.102

Exceptions Offender qualifies for Reporting Instructions NEXT SLIDE Border State Situations-Medical Appointments/Outpatient Treatment or Employment Must return daily Travel limited to appointment or employment Inform via the Transfer Request Travel is limited to performing job and offender must return to sending state daily No travel during non-working hours Transfer request shall include notification to receiving state Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106

Is there a difference between the criteria for a Transfer Request and the criteria for Reporting Instructions?

Offender must qualify for Reporting Instructions 4/5/2019 Offender must qualify for Reporting Instructions The receiving state shall request reporting instructions, unless offender is under active criminal investigation or is charged with a new criminal offense. The offender shall remain in the receiving state until receipt of reporting instructions. The sending state shall grant the request and provide reporting instructions no later than two business days In victim sensitive case, provisions of Rule 3.108-1 (Victim notification) must be followed prior to granting reporting instructions. No travel pending approval or RIs with the exception of (living in the RS at sentencing, daily commuting for existing job, medical/treatment appts)-the 102 transferring supervision talks more about this Rule 3.101-1 (new documentation requirements!!), 3.101-3, 3.103 & 3.106

Living in Receiving State vs. Compact Definition of Resident Mandatory RI’s for Living in Receiving State Mandatory Transfer for ‘Resident’ The offender currently lives in the receiving state when sentenced to probation in the sending state and needs to go home after sentencing. The offender must have lived in the receiving state for at least one continuous year prior to committing the offense in the sending state

Reporting Instructions for Sex Offenders 4/5/2019 Reporting Instructions for Sex Offenders 5 business days to respond Invalid residence – may deny Reporting Instructions Travel permits are NOT permitted w/o approved Reporting Instructions This rule allows for the receiving state time to investigate the residence and reduce rejections of transfer requests due to residence violations and invalid plans of supervision. Rule 3.101-3

Reporting Instruction Timeframes Receiving State Sending State 2 business days to respond to all RFRIs 5 business days for sex offenders Send timely Transfer Request 15 business days 7 business days after approved expedited reporting instructions Rule 3.103 allows for probation offenders and offenders who were incarcerated for 6 months or less and who were living in the receiving state at the time of sentencing to immediately return to their residence in a receiving state. Sex offenders requesting reporting instruction per Rule 3.103 will now have to remain in a sending state until the receiving state issues reporting instructions. The timeline is also extended for response to 5 days in these cases in order for the receiving state to review the proposed residence to ensure compliance with local policies or laws prior to issuing reporting instructions. The receiving state may also deny reporting instructions for such offenders if a proposed residence is found to be invalid due to existing state law or policy. It is hopeful that this rule will reduce the number of offenders allowed to go to a receiving state under Rule 3.103 only to be return upon the rejection of a transfer request due to residence violations and invalid plans of supervision. Rule 3.101-1, 3.101-3, 3.103 & 3.106

Transfer Request Reply Email is sent to user assigned Shift to receiving state point of view. Incoming TR. Access activity from Assistants, Compact Workload or Offender Profile

Transfer Request Reply Offender Profile: Action Items

Transfer Request Reply Make sure Alcohol drug treatment wasn’t chosen in error. Look at attachement

Transfer Request Reply Accepted -Valid for 120 calendar days Rejected Rejections for incomplete Transfer Request state exactly what is missing. When submitting a denial (ie residence, means of support, etc. ), remember you are denying the plan of supervision, not the offender. What is wrong with the residence, what is wrong with the support system or employment? I Rule 3.104-1 -Be specific Rule 3.104-1

Reject an Incomplete Transfer Request Compact Office Function!! Reject an Incomplete Transfer Request Be specific on what is missing from the Transfer Request. Sending State can easily update the TR Offenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days 45 days begins upon receipt in the RS compact office. Important to check compact workload often for assignments. Field should be cautious rejecting for incomplete, remind of review process and note state differences. For example, rejecting for ‘if available’ documentation such as PSI. Not all states conduct PSIs and on the TREQ that is a Y or N question

Improper Rejections Offenders with disabilities (Rule 2.108) Offenders with pending charges (obtained before or during investigation period; AO 8-2005) Incorrect ICOTS user assigned Wrong County/Unit Specialized Officer Undocumented immigrant (AO 13-2006) Section 8 housing (AO 2-2007) Discretionary Cases without addressing the justification (3.101-2) Rejections should align with how you treat your own in-state offenders.

Transfer Request Reply Explain : Submit is now active.

Transfer Request Reply Until the compact office reviews and transmits decision, the case remains pending

Approved Transfer Reply Receiving State’s Compact Office Transmits Reply Email is generated to sending state users Compact Office, PO Supervisor & PO Activity History (Offender Profile) reflects the decision of the Transfer Reply Sending state should be sure to review the pdf and attachments for details View any comments provided in the Transfer Reply by selecting the Transfer Reply link No pdf peeking! If you’re the sending state, once approval, you can send the NOD at this time

Additional Document Requests Receiving State Sending State May request documents necessary for supervision upon acceptance Transfer Reply or Compact Action Request Must provide documents within 30 calendar days March 1, 2011 change Rule 3.107

Notices of Departure & Arrival Fastest Processes in ICOTS! Sending State Receiving State NOD when offender departs Notice of Arrival when offender arrives and reports as instructed. Officer becomes the ‘supervising user’ in ICOTS Notice of Failure to Report if offender failed to report within 5 business days after departing sending state. A receiving state may withdraw its reporting instructions if the offender does not report to receiving state as directed and shall immediately notify sending state Rules 3.104-1 & 4.105

Victim’s Right to be Heard 15 days official March 1, 2018 (currently 10 biz days) Victim’s Right to be Heard Victim’s can contact Sending State’s compact office. Victim’s have 15 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

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 Rule 4.101

ICAOS Requirements Excerpt from Benchbook 4/5/2019 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 Supervision Responsibilities 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 Supervision Responsibilities

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 4/5/2019 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.

Be sure to include REASON for Return!! 4/5/2019 Be sure to include REASON for Return!! Return of Offenders In Receiving State During Investigation with Approved Reporting Instructions AND Transfer Request Rejected If appropriate for offender to remain in receiving state after rejection pending a new Transfer Request DO NOT request return RI’s Offender’s Request to Return After Violation Report: Retaking Process for behavior requiring retaking (not a new crime!) Rule 5.103 allows return via reporting instructions in lieu of retaking Trainer give examples of incomplete transfers or alternate plan

Workflow for ALL Returns 4/5/2019 ALWAYS option-Transferred Offender Returning to Sending State! Workflow for ALL Returns Receiving State Request RI's Specify reason for return! 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! 4/5/2019 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 

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!

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

Absconder Violation Responsibilities 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 Abscond means to be absent from the offender’s approved place of residence or employment and avoiding supervision 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 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. Rules 5.101 & 5.101-1

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

4/5/2019 Questions