Revision 172020 Includes Rules Effective 412020 Be Ready for a Test at the End ICAOS Training Series 101Transfer amp Reporting Instructions Eligibility 102Transferring Supervision ID: 775561
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ICAOS Training103-Supervision in the Receiving State[Revision 1/7/2020-Includes Rules Effective 4/1/2020]Be Ready for a Test at the End.
Slide2ICAOS Training Series
101-Transfer & Reporting Instructions Eligibility
102-Transferring Supervision
103-Supervision in the Receiving State
104-Reporting Behavior Requiring Retaking
105-Mandatory Retaking for New Violent or Felony Crimes & Absconders apprehended in the Receiving State
106-Probable Cause Hearings
Slide3Cycle of a Compact Case
Slide4Training Objectives
Victim’s Rights & Notification
Supervision Responsibilities
Return of Offenders
Reporting Violations
Case Closure
Slide5Purpose of ICAOS
Promote Public SafetyProtect the Rights of VictimsEffective Supervision/RehabilitationControl Movement of OffendersProvide for Effective Tracking
Slide6The Interstate Compact for Adult Offender Supervision
Courts, Parole Boards, Community Corrections & other Executive Agenciessubject to ICAOS rulesMUST enforce & effectuate the CompactDo you know your state’s statute?
Slide7Victim’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
3.108
Slide8Victim Notification
Victim notification shall be initiated:In accordance with the sending state’s laws and proceduresWithin 1 business day of either:Issuance of Reporting Instructions; orAcceptance of a Transfer RequestOffender information intended to assist in victim notification must be provided at the sending state’s request within 5 business days
Rule
3.108-1
Slide9Receiving 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
Single Standard for Supervision
Slide10ICAOS 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’
Slide11Supervision Responsibilities
Receiving State
Sending StateDetermine Length of Supervision (Rule 4.102)Ensure dates are correct in ICOTSDetermine Degree of Supervision (Rule 4.101)Consistent with similar in-state offendersViolationsConditionsAccess to rehabilitative programsImpose 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 conditionInclude 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
Slide12Supervision Responsibilities
Receiving State
Sending StateImpose Application Fee (Rule 4.107)Check ICAOS website-State PagesImpose Supervision Fee (Rule 4.107)AFTER AcceptanceCheck ICAOS website-State PagesNo collection of supervision fees allowed after transferResponsible to Collect Financial Obligations (Rule 4.108)May only notify the offender of non-complianceFinesFamily supportRestitutionCourt costsOther financial obligationsProgress Reports (Rule 4.106)Within 30 calendar days of requestUpdate/Add Conditions of SupervisionNotify of compliant & non-compliant behaviorRequest using specialized CAR
Slide13Progress Report
Slide14Progress Report
Keep Sending State informed
Supervision
Update
Ability to add new conditions imposed
Documentation on compliant & non-compliant behavior that DOES NOT require retaking
Report New Arrest
Slide15Managing Conditions
View conditions imposed previously
Add new conditions of supervision
Slide16Report an Arrest
Slide17Report on Status of Conditions
Report compliance/non-compliance on conditions of supervision
Attach documentation
Slide18Incentives/Sanctions
Don’t forget to include OUTCOMES/RESPONSES for Corrective Actions Imposed!!
Slide19Recommendations
Slide20Initiate Activities from Profile
ALL historical data, audit trails and activities accessible from Profile!!
Slide21Travel Permits to the Sending State
Rule 3.110
How does this rule fit into your state’s travel permit policies?
Notification is required for an offender to travel to the sending state.
Intended to assist sending state w/ victim notification when offender is traveling back to a sending
state.
Notification is not required for known travel for employment or medical
appointments.
Slide22Return of Offenders
In 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 retaking
Be sure to include REASON for Return!!
Slide23Workflow for ALL Returns
Receiving StateRequest RI'sSpecify reason for return!NOD & CCN upon departureSupervisory Authority Ends
Sending StateRespond to RFRI (2 days)NOA confirm arrivalFailed to arrive? Issue WarrantCCN Response
CASE CLOSED
ALWAYS option-Transferred Offender Returning to Sending State!
Slide24Reporting ViolationsREQUIRING Retaking
Violation Report = Retaking!
Slide25Behavior Requiring Retaking“behavior would rise to level of revocation because…”
Rule 1.101
Behavior Requiring Retaking
definition
Slide26RECEIVING STATE
would
request revocation
Revocation 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!
Slide27Use of Violation Report
Reports “behavior requiring retaking”Recommending revocation of supervision (why ‘warrant’ is sole recommendation!)Enforces retaking rules
Slide28Violation Reports
Receiving StateSending StateSubmit Violation Report within 30 calendar days of discovery or determination supervision is no longer a viable optionInclude Supporting DocumentationPolice reportsToxicology reportsPreliminary findingsDetails/Status of infractionIncentives/Sanctions appliedEnsure ‘Availability’ Status is correctRespond within 10 business days
“
behavior would rise to level of revocation because
…”
Rule
4.109
Slide29Violation 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?
Slide30Violation Report Checklist
Violation 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!
Slide31Violation Reports
Receiving StateSending State
Be sure to use addendums for ALL subsequent violation correspondence
Slide32Absconder Violation Responsibilities
Receiving StateSending StateOffender not located after completing the following activities Document ALL communication attempts Conduct a field contact at last known place of residence;Contact last known place of employment; if applicable;Contact known family members and collateral contacts must include those identified in original transfer request.Submit Violation ReportSubmit Case ClosureIssue Warrant upon receipt
Abscond means
to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements.
Rule 4.109-2
Slide33Mandatory 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
Slide34Discretionary 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. Notification to the receiving state is REQUIREDDirective/warrant issue must be communicated to the receiving state within 15 biz daysBe sure to remind courts, parole boards and other stakeholders who may initiate the directive/warrant
Rules 5.101 & 5.101-1
Must
inform
the receiving state of discretionary return/retaking
Slide35Case Closure Notice
Date 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
Slide36Liability
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.
Slide37Scenario #1
The receiving state determines the length of time that a compact offender is supervised.
True
False
Slide38Scenario #2
Once 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.
True
False
Slide39Scenario #3
Only ‘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.
True
False
Slide40Scenario #4
An offender misses 2 appointments to report to the probation office. A violation report indicating the offender absconded may be submitted to the sending state.
True
False
Slide41Questions