Purpose of ICAOS Promote Public Safety Protect the Rights of Victims Effective Supervision/Rehabilitation Control Movement of Probation & Parole Offenders Provide for Effective Tracking
Courts, Parole Boards, Community Corrections & other Executive Agencies –Subject to ICAOS rules –MUST enforce & effectuate the Compact Do you know your state’s statute? Interstate Compact Legislation
Authority of the Interstate Compact The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime. –Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.
National Governing Body All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact –Rule Making Authority –Compliance Enforcement
ICAOS Considerations ICAOS regulates how offenders are: –Transferred from one state to another –Supervised while on Compact supervision –Returned to a sending state when an offender violates
“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
Pre-Release Transfer Submit request within 120 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date Sending state shall notify receiving state if –the planned release date changes –or if release date has been withdrawn or denied Rule 3.105
Waiver of Extradition Offender Application for Transfer –Prior to leaving the sending state, the offender SHALL sign a waiver of extradition. –Extradition hearings are not required. Rule 3.109
Supervision Receiving state determines degree of supervision –MUST be consistent with the supervision of other similar offenders sentenced in the receiving state Special Conditions Violations Sending State determines length of supervision. Rule 4.101 & 4.102
Authority to Arrest and Detain An offender in violation of the terms and conditions of supervision may be taken into custody or continued in custody by the receiving state. –(Only if you have the authority to arrest in-state offenders without a warrant from the Court.) Rule 4.109-1
Absconder Violation Abscond means to be absent from the offender’s approved place of residence or employment and avoiding supervision If offender is not located, Receiving State submits a Violation Report and Case Closure Notice Sending State MUST issue Warrant upon receipt –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 With NO BOND AMOUNT SET Rule 4.109-2
Retaking Means the act of the sending state physically removing an offender or causing to have an offender removed, from a receiving state. Requires a warrant & detainer –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 BAIL or other release conditions Rule 5.101
Retaking Sending State retains authority to retake at ANYTIME unless offender is charged with a new 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 5.101 & 5.101-1
Receiving State requests retake &: Mandatory Retake?Sending State Action Report of 1-2 significant violations No Respond with action/non-action to be taken Report of 3 rd significant violation Yes Issue warrant OR Order offender to return May ask for PC Hearing Conviction of new felony YesIssue warrant Conviction of new violent crime YesIssue warrant “Absconder” apprehended in receiving state on sending state’s warrant Yes Warrant previously issued per Rule 4.109-2 May ask for PC Hearing Mandatory Retaking Rules 5.102, 5.103, 5.103-1
Retaking Responsibilities Sending State –Cost of retaking –Retake within 30 days –Establish authority of officers –Identify the offender Ensure no detainers against offender exist Ensure no extradition proceedings are pending Receiving State –Cost of detaining –No bail or other release conditions allowed for offender –Conduct PC Hearing if requested
Probable Cause Hearings Morrisey vs. Brewer 408 U.S. 471 (1972) Gagnon vs. Scarpelli 411 U.S. 778 (1973) Offenders are entitled to a probable cause hearing: –Close proximity to where the violations occurred –An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing –Conducted by a “neutral and detached” person
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.
How Can You Help? Work with the County Attorney when an offender is detained on an interstate compact warrant. –Ensure County Attorney knows not to file ‘Fugitive from Justice’ Work with Judges regarding Interstate Compact rules and recognizing the pre- signed waiver. –If a bond is set contact the compact office.
How Can the Compact Help You? Contact us to confirm whether or not an offender is an interstate compact offender. Refer those with questions to us. If you need probation or parole officer’s involvement we can help make that happen.