ICAOS Training 104-Reporting Significant Violations & Retaking (Rule 5.103) [Revision 6/5/2015] 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 & Retaking 105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State 106-Probable Cause Hearings

Training Objectives Define “significant violation” Receiving State responsibilities Sending State responsibilities Retaking

“Significant Violation” means an offender‘s failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.

How to Determine Significant Violation Committed I Would Request Revocation in my State. Significant Violation Violation Committed I Would NOT Request Revocation in my State. Non- Significant Violation

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 ‘significant’ Has the option of working with the offender (e.g. intervention) been exhausted?

Reporting Significant Violations Available in ICOTS after NOA and available only to Receiving State.

Violation Type User is prompted for information based on ‘Violation Type’

Violation of Conditions Within 30 days Report as either: Single Behavior Continued Behavior Combination of Behaviors

Attachments Supporting documentation shall be included Police reports Toxicology reports Preliminary findings

Probable Cause Information Provide PC Status PC Training Session Available PC information can be updated/added, if a hearing is requested by the sending state using an Addendum to Violation Report

New Arrest I Would Request Revocation in my State. Significant Violation Progress Report should be used to notify the Sending State when arrest does NOT meet the definition of significant violation.

Location & Availability Offender is NOT Available if there are pending Violent Crime or Felony Charges unless states mutually agree See Rule Available for retaking? Yes=there is nothing holding the offender in the receiving state

Recommendation

Checklist Violation reported is “significant” “violation would rise to level of revocation because…” Reported timely Requesting 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

Addendum to OVR Updates Violation Record; Use for Violation correspondence DO NOT report new violations on an Addendum

Response to Violation A sending state shall respond no later than 10 business days Response shall include: 1.action to be taken 2.date action will begin 3.estimated completion date Rule 4.109

Response to Violation The Response is automatically generated in ICOTS when a Violation is received. This search will also show you the due date. notification will be sent by ICOTS if Response is not completed on time. Respond by going to your Compact Workload and search the offender.

Response to Violation

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 TOMORROW’S TRAINING

Each Violation –Considered significant independently –Receiving state requests retaking/return –Separate incident –Usually reported on separate violation reports When reporting multiple violations on a single violation report, confirm each is significant

Sending State Responsibilities Under: Rule Order the Return Must be within 15 business days Return information should be detailed in the Response to Violation 2. Retake via Warrant Sending State has 30 days to return offender once offender is in custody solely held on the sending state’s warrant. Sending State can request Probable Cause Hearing –Offender can sign a waiver

Warrant –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 Bond allowed

Addendum to OVR Response Updates Violation Record; Use for Violation correspondence

Close the ICOTS case once offender leaves the state or retaken via warrant Rule 4.112

How do I Report a Non- Significant Violation? Notify State via Progress Report.

Non-Significant Violations will not enact mandatory retaking rules. Enter Non-Significant Violation Here, if applicable this is where Sanction information is documented. Can also attach Sanction sheet below.

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 1.I am supervising an offender for another state, the offender comes into my office and tests positive for cocaine for the second time which is a significant violation in my state. I submit a violation report and the sending state replies asking me to continue to supervise. I can just tell the offender to go back and close the case. a)True b)False

Scenario #2 2.An offender under compact supervision comes into my office and reports he was terminated from treatment for arriving intoxicated and was later seen at a local bar after curfew. I can submit a violation report to the sending state mandating they return this offender because he had three significant violations for being intoxicated at treatment, termination from treatment and violation of curfew. a)True b)False

Scenario #3 3.I receive a report of a third significant violation and a request from the receiving state requiring retake/return of an offender back to my state. I decide to order the offender to return in lieu of retaking via warrant. Upon receipt of the violation report, I must order the offender to return within: a)2 business days b)15 business days c)30 calendar days d)No required timeframe

Scenario #4 4.I am supervising an offender for another state. I sent a violation report to the sending state on March 1, 2015 reporting the following significant violations: –Offender tested positive for meth on 1/21/2015 –Offender tested positive for cocaine on 2/28/2015 –Offender tested positive for heroin on 3/1/2015 This is three significant violations and the sending state is now required to order the offender to return or retake. a)True b)False

Scenario #5 5.I am supervising an offender who has been missing appointments, I would not request a revocation in my state. I am concerned about this continued behavior and want the sending state to know about it, plus I plan to give the offender a sanction. I would report this information on a progress report in ICOTS. a)True b)False

Questions