1. ICAOS Training 103-Supervision in the Receiving State
5/14/2018
ICAOS Training
103-Supervision in the Receiving State
[Revision 5/1/2017-Includes Rules Effective 6/1/2017]
Be Ready for a Test at the End.

2. 5/14/2018
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 supervision responsibilities in the receiving state.

4. Training Objectives Victim’s Rights & Notification
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Training Objectives
Victim’s Rights & Notification
Supervision Responsibilities
Return of Offenders
Reporting Violations
Case Closure

5. Purpose of ICAOS Promote Public Safety Protect the Rights of Victims
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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
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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. 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

8. Victim Special Status

9. Notification to Victims
Both States’ responsibility
Change in Offender Status
Engages in behavior requiring retaking (Violation Report)
Changes address
Returns to the sending state where victim resides
Departs receiving state under approved plan in subsequent receiving state
Issued a temporary travel permit in a victim sensitive case
Requests for status information
5 business days
Rule 3.108(b)

10. Rule 4.101
Receiving state’s responsibility to supervise compact offenders consistent with local offenders
INCLUDING programs, sanction/interventions
Do EVERYTHING you would for instate offender EXCEPT extend supervision or revoke

11. ICAOS Requirements Excerpt from Benchbook
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ICAOS Requirements Excerpt from Benchbook
‘Participation in the ICAOS ensures not only the controlled movement of offenders under community supervision, but also that out-of-state offenders will be given the same resources and supervision provided to similar in-state offenders including the use of incentives, corrective actions, graduated responses and other supervision techniques’
Excerpt from Benchbook 2.8-New slide. Thoughts?
After a sending state grants permission to an offender meeting the mandatory acceptance criteria to relocate, the receiving state must assume supervision over the offender and treat the offender in the same manner as in-state offenders. This principle applies to both the quality and quantity of supervision as well as access to rehabilitative programs .  Make a new Training Note regarding incentives, sanctions, graduated responses?
We say can only impose conditions that would impose on own offenders, but it is also an obligation the receiving state to supervised the same

12. Supervision Responsibilities
Receiving State
Sending 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
Conditions
Access to rehabilitative programs
Impose Conditions-Notify opposite state
(Rule 4.103)
Include w/ Transfer Reply or anytime during supervision using the Progress Report
*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
Notification of conditions. Sending state Transfer Request or CAR associated with TR; Receiving State Transfer Reply or Progress Report

13. Supervision Responsibilities
Receiving State
Sending State
Impose Application Fee (Rule 4.107)
Check ICAOS website-State Pages
Impose Supervision Fee (Rule 4.107)
AFTER Acceptance
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)
Within 30 calendar days of request
Update/Add Conditions of Supervision
Notify of compliant & non-compliant behavior
Request using specialized CAR

14. Progress Report Supervision Update
Ability to add new conditions imposed
Documentation on compliant & non-compliant behavior that DOES NOT require retaking
Report New Arrest

15. Managing Conditions View conditions imposed previously
Add new conditions of supervision

16. Reporting an Arrest or Status of Conditions
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Reporting an Arrest or Status of Conditions
If reporting on both send 2 progress reports
Report compliance/non-compliance on conditions of supervision
Attach documentation

17. Incentives/Sanctions

18. Recommendations

19. Receiving State Supervision
Create activities in ICOTS from the offender profile.

20. 5/14/2018
Return of Offenders
In Receiving State During Investigation with Approved Reporting Instructions AND Transfer Request Rejected or Failed to submit Complete Transfer Request
Offender’s Request to Return
After Violation Report: Retaking Process for behavior requiring retaking (not a new crime!)
Rule allow return via reporting instructions in lieu of retaking

21. Workflow for ALL Returns
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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

22. Reporting Violations REQUIRING Retaking
Violation Report = Retaking!

23. Unsuccessful Supervision
Behavior Requiring Retaking “behavior would rise to level of revocation because…” 
Non-Compliant Behavior
RECEIVING STATE would request revocation
RETAKING
DOCUMENTED
Unsuccessful Supervision
Non-Compliant Behavior
Sanctions would be applied to address behavior
Address behavior/Provide documentation via Progress Report
Be sure to distinguish reporting to the court and revocation. If there are avenues available to address the non-compliant behavior, violation report is not appropriate.
Rule Behavior Requiring Retaking definition

24. Options to address behavior have been EXHAUSTED!
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Options to address behavior have been EXHAUSTED!
Court/Parole Board in your jurisdiction actually revokes for similar behavior
RECEIVING STATE would request revocation
Revocation is NOT simply reporting a condition violation to the court.
Clarification slide for determining whether you WOULD request revocation in your state. Is this behavior requiring retaking.
Revocation is likely
Revocation: Sentencing authority terminates supervised release and incarcerates the offender

25. Use of Violation Report
Reports “behavior requiring retaking”
Recommending revocation of supervision
DOCUMENTATION!
Enforces retaking rules
Purpose of Violation Report as currently deigned.
Recommendation should match what action the receiving state would like from the sending state

26. “behavior would rise to level of revocation because…”
Violation Reports
Receiving State
Sending State
Submit Violation Report within 30 calendar days of discovery or determination supervision is no longer a viable option
Include Supporting Documentation
Police reports
Toxicology reports
Preliminary findings
Details/Status of infraction
Incentives/Sanctions applied
Ensure ‘Availability’ Status is correct
Respond within 10 business days
“behavior would rise to level of revocation because…” 
Rule 4.109

27. 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 revocable
Has the option of working with the offender (e.g. intervention) been exhausted?

28. Violation Report Checklist
Violation reported is revocable behavior
“violation would rise to level of revocation because…” 
Reported timely
Requiring 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
TOTAL PICTURE!
DCAs/compact staff are compliance gate keepers
Do not transmit without reviewing all information
Back it up!

29. Be sure to use addendums for ALL subsequent violation correspondence
Violation Reports
Receiving State
Sending State
Be sure to use addendums for ALL subsequent violation correspondence

30. Absconder Violation Responsibilities
Abscond means to be absent from the offender’s approved place of
residence or employment and avoiding supervision
Receiving State
Sending State
Offender not located after at least completing the following activities:
Conducting a field contact at the last known place of residence;
Contacting the last known place of employment; if applicable;
Contacting known family members and collateral contacts.
Submit Violation Report
Submit Case Closure
Issue Warrant upon receipt
Rule

31. Receiving State requests retake &:
Mandatory Retaking
Receiving State requests retake &:
Mandatory Retake?
Sending State Action
Report of ‘Behavior Requiring Retaking’
Yes
Issue warrant OR Order offender to return within 15 business days
May ask for PC Hearing
Conviction of new felony or violent crime
Issue warrant
If serving a new sentence of incarceration for the new crime-sending state may hold violation hearing
Requires approval of authority and offender
See Rule
“Absconder” apprehended in receiving state on sending state’s warrant
Warrant previously issued per Rule
Receiving states should seriously consider which offenders they recommend for retake under this This rule, as under Rules and 5.103, start with a “request from the receiving state,” so the request doesn’t always have to be made and all circumstances surrounding the offender and the violation should be considered.
Training Note: Stress the part of this rule that relies on a “conviction” for the retake to be mandatory and that the conviction can be either a misdemeanor or felony and that the “violent crime” will be determined by the receiving state and that this rule applies to all “offenders” who may be convicted of a violent crime, regardless of the instant offense conviction. Again, this rule relies on a “request from a receiving state” and not all circumstances will result in a request to retake. For example, an offender gets convicted of a violent crime while under supervision in the receiving state but receives probation supervision. The receiving state may determine that the offender should remain in the receiving state for the local supervision. The sending state can still be notified of the conviction but not asked to retake. Of course, the sending state can still decide to retake under Rule

32. 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 &
Retaking requires a warrant and detainer. You also have the option to order the return of the offender unless the receiving state has asked for you to retake under one of the mandatory retaking reasons.

33. 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
The sending state must submit a case closure reply within 10 business days of receipt
Rule 4.112

34. 5/14/2018
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.

35. 5/14/2018
Scenario #1
The receiving state determines the length of time that a compact offender is supervised.
True
False
False-the offender is supervised for a length of time determined by the sending state.

36. 5/14/2018
Scenario #2
Once an offender transfers to the receiving state, the receiving state may impose a supervision fee as long as a fee is also imposed on offenders sentenced in the receiving state.
True
False
True

37. 5/14/2018
Scenario #3
Only ‘behavior requiring retaking’ in which the behavior or infraction would rise to a level in which the receiving state recommends revocation should be reported on an offender violation report.
True
False
True

38. 5/14/2018
Scenario #4
An offender misses 2 appointments to report to the probation office. A violation report indicating the offender absconded may be submitted to the sending state.
True
False
false

39. 5/14/2018
Scenario #5
Although the sending state has received only progress reports notifying of non-compliant behavior with conditions of supervision, the sending state may retake the offender from the receiving state for any reason so long as no pending violent crime or felony charges exist.
True
False
True

40. 5/14/2018
Questions