ICAOS Training 102-Transferring Supervision [Revision 4/24/2015] Be Ready for a Test at the End.

ICAOS Training Series 101-Transfer & Reporting Instructions Eligibility 102-Transferring Supervision 103-Supervision in the Receiving State 104-Reporting Significant Violations 105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State 106-Probable Cause Hearings

Cycle of a Compact Case Transfer Request Transfer Reply Notice of Departure Notice of Arrival Supervision in Receiving State Case is closed

Training Objectives Transfer Request Requirements Investigation Period Requesting Reporting Instructions Reply to Transfer Request Notice of Departure & Notice of Arrival Return of Offenders

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

Courts, Parole Boards, Community Corrections & other Executive Agencies –subject to ICAOS rules –MUST enforce & effectuate the Compact Do you know your state’s statute? The Interstate Compact for Adult Offender Supervision

Transfer Request Copy of signed Offender Application 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

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

“Sex Offender” Eligible “Offender” by Compact definition –Subject to supervision Required to register in EITHER the sending state or receiving state

Transfer Request-Sex Offender Rule 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

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date Sending state shall notify receiving state if –the planned release date changes –or if release date has been withdrawn or denied Rule 3.105

Transfer Request Last Chance to Delete

Transfer Request is sent to Supervisor for review

Transfer Request Check activity status using the Compact Workload Per Rule 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 & : If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer. Rule 3.102

Exceptions Offender qualifies for Reporting Instructions NEXT SLIDE Offender’s employed in the receiving state at the time the request is submitted. (i.e. Border States) Inform via the Transfer Request Rule , , 3.102, & 3.106

Reporting Instructions

Sex Offenders No travel permit w/o approved reporting instructions Rule &

Reporting Instruction Timeframes Receiving StateSending State 2 business days to respond to all RFRIs 5 business days for sex offender living in receiving state at the time of sentencing Send timely Transfer Request 7 business days after approved expedited reporting instructions 15 business days after probationer living in receiving state at the time of sentencing Rule , 3.103, 3.106

Transfer Request Reply Access activity from Assistants, Compact Workload or Offender Profile is sent to user assigned

Transfer Request Reply Offender Profile: Action Items

Transfer Request Reply

Accepted Rejected Rule Valid for 120 calendar days -Be specific

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 Rule 3.104

Improper Rejections Offenders with disabilities (Rule 2.108) Offenders with pending charges (obtained before or during investigation period; AO ) Incorrect ICOTS user assigned –Wrong County/Unit –Specialized Officer Undocumented immigrant (AO ) Section 8 housing (AO )

Transfer Request Reply

Approved Transfer Reply Receiving State’s Compact Office Transmits Reply – 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

Additional Document Requests Receiving StateSending State May request documents necessary for supervision upon acceptance Transfer Reply or Compact Action Request Must provide documents within 30 calendar days Rule 3.107

Notices of Departure & Arrival Fastest Processes in ICOTS! Sending StateReceiving 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. Rule & 4.105

Return of Offenders Offenders in Receiving State with Approved Reporting Instructions During Investigation AND Transfer Request Rejected or Failed to submit Complete Transfer Request Receiving StateSending State Retains authority to supervise until directed departure date or issuance of sending state’s warrant Direct offender to return-15 business days Failed to Return-Issue Warrant Rule & Rule 3.106

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.

Scenario #1 An offender transferring to another state is subject to registration as a sex offender in the sending state but is not required to register as a sex offender in the receiving state. This offender is still considered a sex offender by compact definition. a)True b)False

Scenario #2 The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving state’s compact office. a)20 b)45 c)60 d)120

Scenario #3 An offender who has been under supervision for the last 2 years has been allowed to work at a job which requires him to cross a state line each day to get to his employment. The offender recently finds an apartment in the other state that is 15 minutes closer to his job and cheaper rent. The offender meets eligibility requirements for transferring supervision under the Compact but does not meet eligibility for reporting instructions. Although the sending state indicated on the transfer request the offender travels daily for work purposes only, the receiving state can reject the transfer due to the offender traveling to their state for his employment. a)True b)False

Scenario #4 An offender was approved for reporting instructions to be in the receiving state during the investigation. Subsequently, the transfer request was denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) Upon receipt of a rejection, the sending state must direct the offender to return within ___ business days. a)2 b)7 c)10 d)15

Questions