ICAOS Rules Training Presented by: The Only Way to Go… Interstate Compact for Adult Offender Supervision

Objectives What triggers the Compact? Overview of Transfer Process Supervision Responsibilities Retaking Reasons & Requirements Resources

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

ICAOS Impacts How offenders are: –Transferred to another state –Supervised over state lines –Returned to a sending state when in violation.

What Triggers the Compact? An Offender subject to Supervision who wishes to Relocate to another state

“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

“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.

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

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

Eligible Offender Must Transfer to Relocate Eligible OffendersNon-eligible Offenders All Felons Certain Misdemeanants (Rule 2.105) Next Slide Certain Misdemeanants (Rule 2.105) 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 Sentence = 1+ years of supervision AND Instant Offense includes one or more:  Person incurred direct or threatened physical or psychological harm.  2 nd or subsequent offense of driving while impaired by drugs or alcohol  Use or possession of a firearm involved.  Sex offense requiring registration in the sending state Rule 2.105

Transfer Requirements Application for Transfer-Includes Waiver of Extradition 90 days + remaining on supervision Offender in substantial compliance Reason for Transfer Justification w/ Plan for Supervision Documentation must be provided with Transfer Request-Rule Victim Notification-ICOTS VINE Watch

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 Rule 3.101, &

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 –Public Safety –Rehabilitation of Offenders Rule

Transfer Acceptance Mandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervision –Most transferring offenders are residents of receiving state or have resident family Discretionary – Offenders not eligible for mandatory transfer Sending state must justify “WHY” Receiving state has the discretion to accept or reject 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’s employed in the receiving state at the time the request is submitted. (i.e. Border States) Inform via the Transfer Request Offender qualifies for reporting instructions NEXT SLIDE Rule , , 3.102, & 3.106

Reporting Instructions Offender must qualify for Reporting Instructions Pending Transfer Investigation No Travel to 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.

Reporting Instructions Offender must qualify for Reporting Instructions

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 Living in the Receiving State at the Time of Sentencing Rule applies except for the following: –5 business days to respond Invalid residence – may deny Reporting Instructions –Travel permits are NOT permitted w/o approved Reporting Instructions Rule

Reporting Instruction Timeframes Sending StateReceiving State 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 2 business days to respond to all RFRIs 5 business days for sex offender 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. 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

Victim’s Right to be Heard –Victim’s can contact Sending state’s compact office. –Victim’s have 10 business days after notification to give input. –Receiving state shall continue to investigate. Victim’s Comment ALWAYS Confidential Rule

Victim Special Status

Notification to Victims Both States’ responsibility Change in Offender Status 1.Commits a significant violation. 2.Changes address. 3.Returns to the sending state where victim resides. 4.Departs receiving state under approved plan in subsequent receiving state. 5.Issued a temporary travel permit in a victim sensitive case. Requests for status information –5 business days Rule 3.108(b)

Supervision Responsibilities Receiving StateSending 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 Special conditions 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 ) Offender Registration/DNA Testing (Rule 4.104) Shall assist the sending state

Supervision Responsibilities Receiving StateSending State Impose Application Fee (Rule 4.107) Check ICAOS website-State Pages Impose Supervision Fee (Rule 4.107) AFTER Acceptance Check ICAOS website- State Pages 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) Submit annually Within 30 calendar days of request Notify of NON- Significant Violations Request using specialized CAR

Receiving State Supervision

Return of Offenders Reason Offender ReturningReceiving StateSending State 1. Offenders in Receiving State with Approved Reporting Instructions During Investigation AND Transfer Request Rejected or Failed to submit Complete Transfer Request 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 2. Offender Requesting to Return to Sending State Request Reporting Instructions Issue Reporting Instructions -2 Business Days -Notify Victim (if applicable) 3. Based on Violation Retaking Process Rule 3.103, Rule & 4.111

Significant Violations “violation would rise to level of revocation because…” Violation Committed I Would Request Revocation in my State. Significant Violation Violation Committed I Would NOT Request Revocation in my State. Non- Significant Violation Rule Significant Violation definition

Use of Violation Report Report a “significant violation” –Recommending revocation of supervision Ask for retake/return Designed to enforce retaking rules

Mandatory Retaking Receiving State requests retake &: Mandatory Retake?Sending State Action Report of 1-2 significant violations No Respond with action/non-action to be taken Report of 3 rd significant violation Yes Issue warrant OR Order offender to return within 15 business days  May ask for PC Hearing Conviction of new felony YesIssue warrant Conviction of new violent crime YesIssue warrant “Absconder” apprehended in receiving state on sending state’s warrant Yes Warrant previously issued per Rule  May ask for PC Hearing

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 Rule &

“Warrant” Issued by either the sending or receiving state SHALL be entered in the NCIC Wanted Person File with a national pick-up radius No Bail or Other Release Conditions Rule 5.111

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

Interstate Compact Resource Interstate Compact Office Parole Boards Jail Administrators Courts Community Corrections Other Executive Agencies

State Compact Offices Process & review managed compact activities –Transfer Requests –Reporting Instructions –Violations –Replies Training Resource –Officers, Prosecutors, Judges, Jails, Parole Boards Rule 2.101

State Compact Offices Resolves issue with other states –i.e. First point of contact for a questionable rejection Ensure compliance with ICAOS rules Develop/recommend in-state ISC standard operating procedures Rule 2.101

Training & Help ICAOS Website ICOTS LIVE –Sign up with a ICAOS website user account Knowledge Base –FAQ –How-to’s

ICOTS Knowledgebase FAQs

Training Opportunities

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