ICAOS Training 103-Supervision in the Receiving State - PowerPoint Presentation

ICAOS Training103-Supervision in the Receiving State[Revision 12/1/2017-Includes Rules Effective 3/1/2018]Be Ready for a Test at the End.

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 Hearings

Cycle of a Compact Case

Training ObjectivesVictim’s Rights & NotificationSupervision ResponsibilitiesReturn of OffendersReporting ViolationsCase Closure

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

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?

Victim’s Right to be HeardVictim’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 3.108-1

Victim Special Status

Notification to VictimsBoth States’ responsibilityChange in Offender StatusEngages in behavior requiring retaking (Violation Report)Changes addressReturns to the sending state where victim residesDeparts receiving state under approved plan in subsequent receiving stateIssued a temporary travel permit in a victim sensitive caseRequests for status information5 business days Rule 3.108

Receiving state’s responsibility to supervise compact offenders consistent with local offendersINCLUDING programs, sanction/interventionsDo EVERYTHING you would for instate offender EXCEPT extend supervision or revoke Rule 4.101

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’

Supervision ResponsibilitiesReceiving 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 4.103-1) Offender Registration/DNA Testing (Rule 4.104) Shall assist the sending state

Supervision ResponsibilitiesReceiving State Sending State Impose Application Fee (Rule 4.107) Check ICAOS website-State Pages Impose Supervision Fee (Rule 4.107) AFTER Acceptance Check ICAOS website-State Pages 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

Progress ReportSupervision Update Ability to add new conditions imposedDocumentation on compliant & non-compliant behavior that DOES NOT require retakingReport New Arrest

Managing ConditionsView conditions imposed previouslyAdd new conditions of supervision

Reporting an Arrest or Status of Conditions Report compliance/non-compliance on conditions of supervision Attach documentation

Incentives/Sanctions

Recommendations

Receiving State Supervision

Return of OffendersIn Receiving State During Investigation with Approved Reporting Instructions AND Transfer Request RejectedIf appropriate for offender to remain in receiving state after rejection pending a new Transfer Request DO NOT request return RI’sOffender’s Request to ReturnAfter Violation Report: Retaking Process for behavior requiring retaking (not a new crime!)Rule 5.103 allows return via reporting instructions in lieu of retakingBe sure to include REASON for Return!!

Workflow for ALL ReturnsReceiving StateRequest RI'sSpecify reason for return!NOD & CCN upon departureSupervisory Authority EndsSending StateRespond to RFRI (2 days)NOA confirm arrivalFailed to arrive? Issue WarrantCCN ResponseCASE CLOSED ALWAYS option-Transferred Offender Returning to Sending State!

Reporting ViolationsREQUIRING RetakingViolation Report = Retaking!

Behavior Requiring Retaking“behavior would rise to level of revocation because…”  Rule 1.101 Behavior Requiring Retaking definition

RECEIVING STATE would request revocationRevocation is likely Revocation is NOT simply reporting a condition violation to the court. Revocation: Sentencing authority terminates supervised release and incarcerates the offender Court/Parole Board in your jurisdiction actually revokes for similar behavior Options to address behavior have been EXHAUSTED!

Use of Violation ReportReports “behavior requiring retaking”Recommending revocation of supervisionDOCUMENTATION!Enforces retaking rules

Violation ReportsReceiving StateSending StateSubmit Violation Report within 30 calendar days of discovery or determination supervision is no longer a viable optionInclude 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  

Violation Reporting ConsiderationsThe sending state is only going to know what you tell themUse the same detail if reporting to your own authoritiesSpecifics on how the behavior was determined to be revocableHas the option of working with the offender (e.g. intervention) been exhausted?

Violation Report ChecklistViolation reported is revocable behavior “violation would rise to level of revocation because…”  Reported timelyRequiring return/retakeAvailability status accurateEnsure no pending charges existSupporting documentation included“Story” provided on why supervision is not successfulReview offender profile to ensure consistency/accuracy TOTAL PICTURE!

Violation ReportsReceiving StateSending State Be sure to use addendums for ALL subsequent violation correspondence

Absconder Violation ResponsibilitiesReceiving StateSending StateOffender 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 4.109-2

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 Yes 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 5.101-2 “Absconder” apprehended in receiving state on sending state’s warrant Yes Warrant previously issued per Rule 4.109-2 May ask for PC Hearing

Discretionary RetakingSending 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 satisfiedoffender released to supervision for new offensesending and receiving state mutually agree to retake/return Rules 5.101 & 5.101-1

Case Closure NoticeDate of discharge (termination) of supervisionNotice to sending state of the absconding of the offender in the receiving stateOVR must precede closureNotice to sending state of incarceration of offender for 180 calendar days or longer; include:Judgment and sentencing documentsInformation about the offender’s locationNotification of deathReturn to sending stateCannot close during retaking Rule 4.112 The sending state must submit a case closure reply within 10 business days of receipt

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.

Scenario #1The receiving state determines the length of time that a compact offender is supervised.TrueFalse

Scenario #2Once an offender transfers to the receiving state, the receiving state may impose a supervision fee as long as a fee is also imposed on offenders sentenced in the receiving state.TrueFalse

Scenario #3Only ‘behavior requiring retaking’ which is the act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state should be reported on an offender violation report. All other non-compliant behavior (not invoking MANDATORY RETAKE) should be reported on a progress report. TrueFalse

Scenario #4An offender misses 2 appointments to report to the probation office. A violation report indicating the offender absconded may be submitted to the sending state.TrueFalse

Questions