1. ICOTS Enhancements
Implementation
May 31, 2017

2. Impact for Amendments/ICOTS Enhancements
Promotes single standard of supervision
Affirms the authority of a receiving state to impose conditions, supervise and sanction
DOCUMENT using Progress Report
Requires documentation of supervision practices and justification for retaking
Sustain violations in the sending state
Supports EBP and behavioral change
Tracy

3. Highlights for Amendments/ICOTS Enhancements
6/11/2018
Highlights for Amendments/ICOTS Enhancements
Rule Effective Date: June 1, 2017
ICOTS changes implemented: May 31st, 2017
Redesigned ‘Managed’ Progress Report
Renamed Violation Report Requiring Retaking
‘Behavior Requiring Retaking’ replaces ‘Significant Violation’ report type
New Offender Application for Transfer
Keep conversation going
ICOTS piece will be easy. Screens will require and prompt for more documentation

4. Offender Application/Waiver
Transfer is a privilege
Manner of supervision determined by the receiving state

5. New Look for Website Generated Application
6/11/2018
New Look for Website Generated Application
New Website Generated
ICOTS Generated
In addition to a new look to the website generated form, there will be a reasonable time where old and new versions of the application form are acceptable with a transfer request.
Note: Both new and old applications are acceptable beginning May 1st. States will have a reasonable time to distribute the new website application for use

6. 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

7. New Progress Report
May 31, 2017

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

9. Managing Conditions View conditions imposed previously
6/11/2018
Managing Conditions
View conditions imposed previously
Data pulls from offender’s Plan of Supervision from profile
Add new conditions of supervision
REQUIRED to inform Sending State when imposing new conditions

10. Reporting an Arrest or Status of Conditions
6/11/2018
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

11. Report Imposed Incentives/Sanctions

12. Recommendations

13. ‘Behavior requiring retaking’ ‘Significant Violation’ REMOVED!
6/11/2018
New Violation Type
‘Behavior requiring retaking’
‘Significant Violation’ REMOVED!

14. Reporting Violations REQUIRING Retaking
6/11/2018
Reporting Violations REQUIRING Retaking
ALL Violation Reports = MANDATORY Retaking!

15. 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

16. Options to address behavior have been EXHAUSTED!
6/11/2018
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

17. 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

18. Behavior Requiring Retaking
Report as either:
Single Act/Behavior
Continued Behavior
Combination of Behaviors
Within 30 days
User must specify exactly which condition, whether imposed by Sending or Receiving State while providing both a discovery and violation date.
Be specific on what the significant violation is. In some instances, the accumulation of the offender’s non-compliance with conditions = the significant violation. In this example, it is the fact the offender has continuously violated the no drugs/alcohol condition. In my state 1 dirty UA would not result in a request for revocation, but this continuous behavior would.

19. Attachments Supporting documentation shall be included Police reports
Toxicology reports
Preliminary findings
Additional information regarding the ‘behavior requiring retaking’
All attachments, if not already attached in probation violations should be attached in this section. If attachments are not included in a violation per rule the violation report is invalid and should be returned.

20. Probable Cause Information
Provide PC Status
PC Training Session Available
Establishing Probable Cause per Rule when reporting the violation may speed up the retaking process!
When there is a possibility of revocation once retaken/returned, the offender has a RIGHT to a PC hearing near where the alleged violations occurred prior to retaking
Establishing Probable Cause per Rule when reporting the violation may speed up the retaking process!
When there is a possibility of revocation once retaken/returned, the offender has a RIGHT to a PC hearing near where the alleged violations occurred.
Ensure Hearing Reports meet requirements of Rule 5.108
PC information can be updated/added, via Addendum to Violation Report

21. “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

22. 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?

23. 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!

24. 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