1. [Revision 1/1/2017-Includes Rules Effective 3/1/2018]
4/5/2019
ICAOS Rules Training
[Revision 1/1/2017-Includes Rules Effective 3/1/2018]

2. 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 ‘pre-work’ for a compact case. Prior to requesting transfer of supervision to another state, the sending state determines if the offender is eligible for transfer and the reason for transfer. Today’s session covers ICAOS rules for eligibility and reasons for transfer and qualifications for reporting instructions.

3. 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

4. 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.

5. What Triggers the Compact?
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No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by these rules.
What Triggers the Compact?
No State Shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by these rules.
The clear meaning of this rule is if an offender meets the eligibility criteria of the compact they SHALL NOT relocate to another state without the receiving states permission.
No offender has the right to transfer. It is always at the discretion of the sending state.
Rule 2.110

6. 4/5/2019
“Relocate”
“Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period.
Relocate is defined by ICAOS Rules as “to remain in another state for more than 45 Consecutive days in any 12 month period.”
Rule makes a clear statement that any offender under supervision that moves across a state line and remains there for more than 45 consecutive days in any 12 month period must be transferred under the compact.
Rule definitions-Rule 2.110

7. “Offender” Adult who commits a criminal offense AND Courts
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“Offender”
Adult who commits a criminal offense AND
Is subject to supervision;
Released to the community under jurisdiction of:
Courts
Paroling Authorities
Corrections
Other Criminal Justice Agencies; AND
meets eligibility requirements
An offender is someone subject to supervision and meets the eligibility requirements
Rule definitions

8. “Supervision” Has 2 distinct criteria:
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“Supervision”
Has 2 distinct criteria:
Oversight exercised by a controlling authority, which includes Courts, Parole Boards, etc…
Required to monitor regulations or conditions, other than monetary.
The current definition of supervision has been interpreted to require transfer of certain offenders whom the sentencing courts have clearly not intended to be subject to “supervision” as it has been traditionally understood. These include offenders placed on probation as a means to preserve jurisdiction while the offenders pay court-ordered fees, fines, court costs and restitution. BASICALLY: UNSUPERVISED OFFENDERS WHO ONLY OWE MONEY
Since the monitoring and collection of outstanding monies is the sending state’s responsibility under Rule 4.108, regardless of the offender’s location, there is no benefit in requiring transfer of cases, when the only conditions to be satisfied are monetary.
Rule definitions

9. Non-eligible Offenders
4/5/2019
Eligible Offenders
Non-eligible Offenders
All Felons
Certain Misdemeanants (Rule 2.105)
Next Slide
Deferred Sentences (Rule 2.106)
Is there a finding of guilt?
Has a plea been entered?
Given up the right to trial?
Those on work-release (Rule 2.107)
Or released under furlough
Or on a pre-parole program
Those on a Pre-Trial Intervention Programs
“Unsupervised” Offenders requiring monitoring
Bench Probation
Offenders released on bail

10. Eligible Misdemeanants
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Eligible Misdemeanants
Sentence = 1+ years of supervision
AND
Instant Offense includes one or more:
Person incurred direct or threatened physical or psychological harm.
2nd or subsequent conviction of driving while impaired by drugs or alcohol
Use or possession of a firearm involved.
Sex offense requiring registration in the sending state
The Compact Rules also address misdemeanants eligible for transfer.
The rule requires that an offender convicted of a misdemeanor must first meet the eligibility requirements of Rule and be sentenced for one year or more of supervision.
In addition, their current offense must meet one of the following conditions:
1.) An offense in which a person incurred direct or threatened physical or psychological harm;
2.) An offense that involves the use or possession of a firearm;
3.) A second or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol;
4.) A sexual offense that requires the offender to resister as a sex offender in the sending state.
Rule 2.105

11. Transfer Requirements
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Transfer Requirements
Decision to transfer is solely at the discretion of the sending state. An Offender shall be eligible and the receiving state shall accept transfer, if the offender:
Has more than 90 days of supervision remaining; and
Has a valid plan of supervision; and
Is in substantial compliance in the sending state; and
Is a Resident of the Receiving State; or
(1) has resident family in receiving state who are willing to assist and have the ability to assist. and,
(2) can obtain employment or has means of support
Discretion of Sending State
90 days of supervision remaining
Substantial compliance as determined by the sending state
Valid plan of supervision
Residence
Financial support
Terms and conditions of supervision
Reason & Justification for transfer
Rule 3.101

12. Reasons & Justification for Transfer
Resident: inhabited one year prior to offense
Resident Family: Parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent
Inhabited receiving state for 180 calendar days
Employment Transfer: At the direction of employer as a condition of maintaining employment
Over 98% of MANDATORY transfers are for Resident or Resident Family!
New documentation requirements for military/employment transfers to ensure rule is applied appropriately. For example, employment transfers are involuntary as a condition to maintain employment, not for voluntary transfers or for promotion opportunities. Although those may make for good discretionary transfers.
Rule 3.101, &

13. Discretionary Transfers
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Discretionary Transfers
Provide sufficient documentation to justify the requested transfer.
The receiving state has the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact
Successful Completion of Supervision
Public Safety
Rehabilitation of Offenders
Protect Rights of Victims
Acceptances are likely when information provided supports the purpose of the compact. Good justifications = higher rate of acceptances.
Rule

14. 4/5/2019
Transfer Acceptance
Mandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervision
Discretionary –
Offenders not eligible for mandatory transfer
Sending state must justify “WHY”
Receiving state has the discretion to accept or reject supervision
Rejections must include specific reasons for rejection
Remind again that no offender has the right to transfer.
(with specific reason for rejection)
Rule &

15. Transfer Request Copy of signed Offender Application If Applicable:
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

16. Mandatory Discretionary
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Mandatory
Resident or Resident Family 99% of Mandatory Transfers
Discretionary
Successful Completion of Supervision
Public Safety
Rehabilitation of Offenders
Protect Rights of Victims

17. Valid Plan of Supervision-Required for ALL Transfers!
4/5/2019
Valid Plan of Supervision-Required for ALL Transfers!
Why is the offender going to be more successful in the Receiving State
Describe support system
Means of support
Living situation
Verified Information

18. Ensure information provided is:
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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

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

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

21. 4/5/2019
“Sex Offender”
Eligible “Offender” by Compact definition
Subject to supervision
Required to register in EITHER the sending state or receiving state
Rule definitions

22. 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

23. 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
Pre-Release Transfer
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.
Rule 3.105

24. 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

25. Transfer Request Email is sent to Supervisor for review
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

26. 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

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

28. 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.
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.
Rule 3.102

29. 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

30. Is there a difference between the criteria for a Transfer Request and the criteria for Reporting Instructions?

31. Offender must qualify for Reporting Instructions
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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
Rule (new documentation requirements!!), , & 3.106

32. Living in Receiving State vs. Compact Definition of Resident
Mandatory RI’s for Living in Receiving State
Mandatory Transfer for ‘Resident’
The offender currently lives in the receiving state when sentenced to probation in the sending state and needs to go home after sentencing.
The offender must have lived in the receiving state for at least one continuous year prior to committing the offense in the sending state

33. Reporting Instructions for Sex Offenders
4/5/2019
Reporting Instructions for Sex Offenders
5 business days to respond
Invalid residence – may deny Reporting Instructions
Travel permits are NOT permitted w/o approved Reporting Instructions
This rule allows for the receiving state time to investigate the residence and reduce rejections of transfer requests due to residence violations and invalid plans of supervision.
Rule

34. 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 , , & 3.106

35. 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

36. Transfer Request Reply
Offender Profile: Action Items

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

38. 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

39. Reject an Incomplete Transfer Request
Compact Office Function!!
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
45 days begins upon receipt in the RS compact office. Important to check compact workload often for assignments. Field should be cautious rejecting for incomplete, remind of review process and note state differences. For example, rejecting for ‘if available’ documentation such as PSI. Not all states conduct PSIs and on the TREQ that is a Y or N question

40. 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.

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

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

43. 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

44. 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

45. 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
Rules & 4.105

46. Victim’s Right to be Heard
15 days official March 1, 2018 (currently 10 biz days)
Victim’s Right to be Heard
Victim’s can contact Sending State’s compact office.
Victim’s have 15 business days after notification to give input.
Receiving state shall continue to investigate.
Victim’s Comment ALWAYS Confidential
Rule

47. Victim Special Status

48. 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

49. 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
Rule 4.101

50. ICAOS Requirements Excerpt from Benchbook
4/5/2019
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

51. 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
Supervision Responsibilities
Notification of conditions. Sending state Transfer Request or CAR associated with TR; Receiving State Transfer Reply or Progress Report

52. 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
Supervision Responsibilities

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

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

55. 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

56. Incentives/Sanctions

57. Recommendations

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

59. Be sure to include REASON for Return!!
4/5/2019
Be sure to include REASON for Return!!
Return of Offenders
In Receiving State During Investigation with Approved Reporting Instructions AND Transfer Request Rejected
If appropriate for offender to remain in receiving state after rejection pending a new Transfer Request DO NOT request return RI’s
Offender’s Request to Return
After Violation Report: Retaking Process for behavior requiring retaking (not a new crime!)
Rule allows return via reporting instructions in lieu of retaking
Trainer give examples of incomplete transfers or alternate plan

60. Workflow for ALL Returns
4/5/2019
ALWAYS option-Transferred Offender Returning to Sending State!
Workflow for ALL Returns
Receiving State
Request RI's
Specify reason for return!
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

61. Reporting Violations REQUIRING Retaking
Violation Report = Retaking!

62. 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

63. Options to address behavior have been EXHAUSTED!
4/5/2019
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

64. 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

65. 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 

66. 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?

67. 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!

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

69. Absconder Violation Responsibilities
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
Abscond means to be absent from the offender’s approved place of
residence or employment and avoiding supervision
Rule

70. 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

71. 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
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.
Rules &

72. 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
Case Closure Notice
The sending state must submit a case closure reply within 10 business days of receipt
Rule 4.112

73. 4/5/2019
Questions