ICAOS Mini Training Significant Violations Rule Presented by: Training Committee [Revision 5/28/2014] Be Ready for a Test at the End.

Training Objectives What triggers Rule Define “significant violation” Receiving State responsibilities Sending State responsibilities

Rule Receiving state requests retaking 3 significant violations reported Sending state is REQUIRED to retake or order the return of the offender

Remember the “R’s” Report violation within 30 days of discovery. Rule is enacted when an offender commits 3 significant violations and the receiving state requests that offender be returned on each violation. –1 st & 2 nd violations Sending State has discretion –3 rd violation Sending State no longer has discretion and MUST return offender Rule is the only rule left that allows a state the option to return an offender or issue a warrant.

“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

3 Significant Violations Retake or Order the Return can be requested. 3 rd Significant 1 st Significant 2 nd Significant  Must Be Reported within 30 days of Discovery  3 Separate incidents that establish a pattern of non- compliance

Reporting Significant Violations What Counts Towards Rule 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

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

Violation Information Multiple “Violations” reported on the same OVR must be entered separately Retake/Return Obligation is discretionary for < 3 significant violations for a non-violent offender

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

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

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

Once you verify offender has left the state or been retaken via warrant Rule Close the Case in ICOTS

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, 2014 reporting the following significant violations: –Offender tested positive for meth on 1/21/2014 –Offender tested positive for cocaine on 2/28/2014 –Offender tested positive for heroin on 3/1/2014 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