1. ICAOS Training 102-Transferring Supervision
2/5/2018
ICAOS Training
102-Transferring Supervision
[Revision 5/1/2017-Includes Rules Effective 6/1/2017]
Be Ready for a Test at the End.

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

3. 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 elements required for a transfer request, the investigation period, transfer reply and getting the offender to the receiving state for supervision.

4. Training Objectives Transfer Request Requirements Investigation Period
2/5/2018
Training Objectives
Transfer Request Requirements
Investigation Period
Requesting Reporting Instructions
Reply to Transfer Request
Notice of Departure & Notice of Arrival
Return of Offenders

5. Purpose of ICAOS Promote Public Safety Protect the Rights of Victims
2/5/2018
Purpose of ICAOS
Promote Public Safety
Protect the Rights of Victims
Effective Supervision/Rehabilitation
Control Movement of Offenders
Provide for Effective Tracking

6. The Interstate Compact for Adult Offender Supervision
2/5/2018
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.

7. 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 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

8. Reason & Justification
2/5/2018
Reason & Justification
Reason
Justification
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
Why is the offender going to be more successful in the Receiving State
Describe support system
Means of support
Living situation
Verified Information

9. Data Considerations Ensure information provided is: Accurate/Relevant
2/5/2018
Data Considerations
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

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

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

12. 2/5/2018
“Sex Offender”
Eligible “Offender” by Compact definition
Subject to supervision
Required to register in EITHER the sending state or receiving state

13. 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

14. 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
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.

15. 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

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

17. 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 a Transfer Request must be responded to within 45 days

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

19. 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
ICAOS rules and advisory opinions and 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.

20. 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 , , 3.102, & 3.106

21. Reporting Instructions
2/5/2018
Reporting Instructions
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 (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

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

23. 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 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 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 only to be return upon the rejection of a transfer request due to residence violations and invalid plans of supervision.
Rule , , 3.103, 3.106

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

25. Transfer Request Reply
Offender Profile: Action Items

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

27. 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
-Be specific
Rule

28. 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
45 days begins upon receipt in the RS compact office. Important to check compact workload often for assignments.

29. 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 )
Discretionary Cases without addressing the justification ( )
Rejections should align with how you treat your own in-state offenders.

30. Transfer Request Reply
Explain :
Submit is now active.

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

32. 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
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

33. 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

34. 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
Rule & 4.105

35. Return of Offenders after Rejection
Transfer Request TRULY Rejected or Failed to submit Complete Transfer Request AND
Offender has arrived in Receiving state via Reporting Instructions
Receiving State
Sending State
Initiates return by requesting reporting instructions within 7 business days of rejection
Retains authority to supervise until departure or issuance of sending state’s warrant
NOD & CCN-when offender departs
NOD
RI’s must be APPROVED
Report Date-within 15 business days of return reporting instructions request
NOA-When offender arrives
Failed to Return-Issue Warrant
Three reasons an offender would return to the sending state after supervision in the receiving state
This one
Rules , 3.103, & 4.111

36. Workflow for ALL Returns
2/5/2018
Workflow for ALL Returns
Receiving State
Request RI's
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

37. 2/5/2018
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.

38. 2/5/2018
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.
True
False
True. Register in either state.

39. 2/5/2018
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. 20 45 60
120

40. 2/5/2018
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.
True
False
Border scenario
False

41. 2/5/2018
Scenario #4
An offender with approved reporting instructions is in the receiving state during the investigation. Subsequently, the transfer request is denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) To track and facilitate the return of the offender back to the sending state, the receiving state must request returning reporting instructions within ___ business days of the transmission of the rejection. 2 7 10 15
(B)7
If you are the receiving state and rejecting the plan and want the offender to return because plan is not viable, you likely would want this process to get going asap

42. 2/5/2018
Questions