ICAOS Training 101-Transfer & - PowerPoint Presentation

Slide1

ICAOS Training101-Transfer &Reporting Instructions Eligibility[Revision 1/1/2017-Includes Rules Effective 3/1/2018]Be Ready for a Test at the End.Slide2

ICAOS Training Series101-Transfer & Reporting Instructions Eligibility102-Transferring Supervision103-Supervision in the Receiving State104-Reporting Behavior Requiring Retaking105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State106-Probable Cause HearingsSlide3

Cycle of a Compact Case1st Step: Determine Eligibility & Reason for Transfer!Slide4

Training ObjectivesEligibility CriteriaDefinition of ‘Offender’Definition of ‘Supervision’Offenses coveredMandatory versus Discretionary AcceptanceReporting Instructions Criteria Offenders must qualify for reporting instructions Slide5

Purpose of ICAOSPromote Public SafetyProtect the Rights of VictimsEffective Supervision/RehabilitationControl Movement of OffendersProvide for Effective Tracking Slide6

The Interstate Compact for Adult Offender SupervisionCourts, Parole Boards, Community Corrections & other Executive Agenciessubject to ICAOS rulesMUST enforce & effectuate the CompactDo you know your state’s statute?Slide7

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.

Rule

2.110Slide8

“Relocate”“Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period.

Rule 1.101 definitions-Rule 2.110Slide9

“Offender” Adult who commits a criminal offense ANDIs subject to supervision; Released to the community under jurisdiction of:CourtsParoling AuthoritiesCorrectionsOther Criminal Justice Agencies; ANDmeets eligibility requirementsRule 1.101 definitionsSlide10

“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. Rule 1.101 definitionsSlide11

Eligible OffendersNon-eligible OffendersAll 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 bailSlide12

Eligible MisdemeanantsSentence = 1+ years of supervisionAND

Instant Offense includes one or more:

Person

incurred direct or threatened physical or psychological harm.

2

nd

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

Rule 2.105Slide13

Transfer RequirementsDecision 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; andIs 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 supportRule 3.101Slide14

Reasons & Justification for TransferResident: inhabited one year prior to offenseResident Family: Parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parentInhabited receiving state for 180 calendar daysEmployment Transfer: At the direction of employer as a condition of maintaining employmentOver 98% of MANDATORY transfers are for Resident or Resident Family!

Rule 3.101, 3.101-1 & 3.101-2Slide15

Discretionary TransfersProvide 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 compactSuccessful Completion of SupervisionPublic SafetyRehabilitation of Offenders Protect Rights of Victims Rule 3.101-2Slide16

Transfer AcceptanceMandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervisionDiscretionary – Offenders not eligible for mandatory transferSending state must justify “WHY”Receiving state has the discretion to accept or reject supervision Rejections must include specific reasons for rejectionRule 3.101 & 3.101-2Slide17

Is there a difference between the criteria for a Transfer Request and the criteria for Reporting Instructions?Slide18

Offender must qualify for Reporting InstructionsRule 3.101-1 (new documentation requirements!!), 3.101-3, 3.103 & 3.106Slide19

Reporting Instructions for Sex Offenders5 business days to respondInvalid residence – may deny Reporting Instructions Travel permits are NOT permitted w/o approved Reporting InstructionsRule 3.101-3Slide20

Living in Receiving State vs. Compact Definition of ResidentMandatory RI’s for Living in Receiving StateMandatory 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 stateSlide21

Notices of Departure & ArrivalFastest Processes in ICOTS!Sending StateReceiving 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.

Rule

3.104-1

&

4.105

Victim Sensitive Case? Don’t forget notifications!Slide22

LiabilityLiable 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.Slide23

Transfer of OffendersAdvisory Opinion 3-2004Once an application has been made under the Compact an offender may not travel to the Receiving State without the Receiving State’s permission.Advisory Opinion 9-2006States which allow eligible offenders to transfer to the receiving state prior to the investigation being completed are in violation of the Compact . Rule 3.102(b) & Rule 2.110Slide24

Scenario #1The sentencing court in my state has sentenced an offender to “informal probation” (bench probation) on a felony conviction for POSSESSION OF A CONTROLLED SUBSTANCE which includes conditions of community service work and counseling. Because the offender has been placed on informal probation to the court, this case does not fall under the transfer requirements of the Interstate Compact.TrueFalseSlide25

Scenario #2I am the supervising officer for a felony offender that has been court ordered to attend substance abuse treatment in an out-of-state treatment facility. Since the program is only three months long and the court has ordered the treatment, I may give him a travel permit that allows him attend the program without triggering the rules of the compact.TrueFalseSlide26

Scenario #3An offender commits a crime in the sending state and then moves to another state with the court’s permission during the sentencing process. The offender returns to the sending state for sentencing and receives three years probation. The sending state can mark “resident” as the reason for transfer on the transfer request. TrueFalseSlide27

Scenario #4An offender convicted and sentenced to a three year term of supervision for a misdemeanor DUI/DWI who has a prior misdemeanor DUI/DWI conviction from five years ago, is subject to the Interstate Compact rules.TrueFalseSlide28

Scenario #5Following approved reporting instructions and/or an approved transfer request, the offender departs and the sending state submits a notice of departure in ICOTS. Should the offender fail to report in the receiving state as instructed, the receiving state should:Submit a compact action request to the sending state advising that the offender has failed to report as instructed.Submit a Notice of Arrival to the sending state, indicating the failure to report.Keep the case open until the offender shows up and reports to their officer in the receiving state.Do nothing. The offender will show up when he is good and ready.Slide29

Questions