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ICAOS Rules Training Presented by: The Only Way to Go… Interstate Compact for Adult Offender Supervision.

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Presentation on theme: "ICAOS Rules Training Presented by: The Only Way to Go… Interstate Compact for Adult Offender Supervision."— Presentation transcript:

1 ICAOS Rules Training Presented by: The Only Way to Go… Interstate Compact for Adult Offender Supervision

2 Objectives What triggers the Compact? Overview of Transfer Process Supervision Responsibilities Retaking Reasons & Requirements Resources

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

4 Courts, Parole Boards, Community Corrections & other Executive Agencies –subject to ICAOS rules –MUST enforce & effectuate the Compact Do you know your state’s statute? The Interstate Compact for Adult Offender Supervision

5 ICAOS Impacts How offenders are: –Transferred to another state –Supervised over state lines –Returned to a sending state when in violation.

6 What Triggers the Compact? An Offender subject to Supervision who wishes to Relocate to another state

7 “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

8 “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.

9 “Relocate” –“ Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period. Rule 1.101 definitions-Rule 2.110

10 Cycle of a Compact Case Transfer Request Transfer Reply Notice of Departure Notice of Arrival Supervision in Receiving State Case is closed

11 Eligible Offender Must Transfer to Relocate Eligible OffendersNon-eligible Offenders All Felons Certain Misdemeanants (Rule 2.105) Next Slide Certain Misdemeanants (Rule 2.105) 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

12 Eligible Misdemeanants Sentence = 1+ years of supervision AND Instant Offense includes one or more:  Person incurred direct or threatened physical or psychological harm.  2 nd or subsequent offense of driving while impaired by drugs or alcohol  Use or possession of a firearm involved.  Sex offense requiring registration in the sending state Rule 2.105

13 Transfer Requirements Application for Transfer-Includes Waiver of Extradition 90 days + remaining on supervision Offender in substantial compliance Reason for Transfer Justification w/ Plan for Supervision Documentation must be provided with Transfer Request-Rule 3.107 Victim Notification-ICOTS VINE Watch

14 “Sex Offender” Eligible “Offender” by Compact definition –Subject to supervision Required to register in EITHER the sending state or receiving state Additional documents required for Transfer NO TRAVEL PERMITS without approved Reporting Instructions

15 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 Rule 3.101, 3.101-1 & 3.101-2

16 Transfer Acceptance Mandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervision –Most transferring offenders are residents of receiving state or have resident family Discretionary – Offenders not eligible for mandatory transfer Sending state must justify “WHY” Receiving state has the discretion to accept or reject supervision

17 Reporting Instructions Offender must qualify for Reporting Instructions Pending Transfer Investigation No Travel to Receiving State Advisory Opinion 9-2006 & 3-2004: If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer.

18 Supervision in Receiving State Degree of Supervision Progress Reports

19 Return of Offenders Reason Offender ReturningReceiving StateSending State 1. Offenders in Receiving State with Approved Reporting Instructions During Investigation AND Transfer Request Rejected or Failed to submit Complete Transfer Request Retains authority to supervise until directed departure date or issuance of sending state’s warrant Direct offender to return-15 business days Failed to Return-Issue Warrant 2. Offender Requesting to Return to Sending State Request Reporting Instructions Issue Reporting Instructions -2 Business Days -Notify Victim (if applicable) 3. Based on Violation Retaking Process Rule 3.103, Rule 3.106 & 4.111

20 Significant Violations “violation would rise to level of revocation because…” Violation Committed I Would Request Revocation in my State. Significant Violation Violation Committed I Would NOT Request Revocation in my State. Non- Significant Violation Rule 1.101 Significant Violation definition

21 Use of Violation Report Report a “significant violation” –Recommending revocation of supervision Ask for retake/return Designed to enforce retaking rules

22 Mandatory Retaking 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 within 15 business days  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

23 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 5.101 & 5.101-1

24 “Warrant” Issued by either the sending or receiving state SHALL be entered in the NCIC Wanted Person File with a national pick-up radius No Bail or Other Release Conditions Rule 5.111

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

26 Interstate Compact Resource Interstate Compact Office Parole Boards Jail Administrators Courts Community Corrections Other Executive Agencies

27 State Compact Offices Process & review managed compact activities –Transfer Requests –Reporting Instructions –Violations –Replies Training Resource –Officers, Prosecutors, Judges, Jails, Parole Boards Rule 2.101

28 State Compact Offices Resolves issue with other states –i.e. First point of contact for a questionable rejection Ensure compliance with ICAOS rules Develop/recommend in-state ISC standard operating procedures Rule 2.101


30 Training & Help ICAOS Website ICOTS LIVE –Sign up with a ICAOS website user account Knowledge Base –FAQ –How-to’s

31 ICOTS Knowledgebase FAQs

32 Training Opportunities

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