ICAOS Training 105-Mandatory Retaking Felony or Violent Crimes & Absconders - PowerPoint Presentation

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ICAOS Training105-Mandatory Retaking Felony or Violent Crimes & Absconders Rules 4.109-2 , Rule 5.102& 5.103-1[Revision 12/1/2017-Includes Rules Effective 3/1/2018]Be Ready for a Test at the End.

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ICAOS 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

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Training Objectives

Define “Warrant”

What triggers Rule 5.102?

Define “Violent Crime”

Conviction for a new violent crime

Conviction for a new felony offense

What triggers Rule 4.109-2 & 5.103-1 ?

Define “Abscond”

3 Elements of “absconding”

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“Warrant” Definition

“Warrant” means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.

Rule

1.101

definitions

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“Violent Crime” Definition

“Violent Crime” means:Unlawful exertion of physical force with the intent to cause injury or physical harm to a person; OROffense in which a person incurred direct or threatened physical or psychological harm as defined by the criminal code of the state in which the crime occurred; ORUse of a deadly weapon in the commission of a crime; ORSex offense requiring registration

Rule

1.101

definitions

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Mandatory Retake for a New Felony or Violent Crime

Upon the request of the receiving state, the sending state shall issue a warrant and retake:after notice an “offender” has been convicted of a new felony offense OR “violent crime” Violation Report in ICOTS enforces the ICAOS Retaking Rules

Rule

5.102

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“Upon a Request of the Receiving State….”

Receiving State:

Has exhausted options

No longer a good “plan of supervision”

The receiving state may notify using a Progress Report when not asking for retake.

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“Abscond” Definition

“Abscond” means to be absent from the offender’s approved place of residence or employment and avoiding supervision

Rule

1.101

definitions

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Three Elements of Absconding

Activities shall include, but are not limited to: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.

Rule

4.109-2

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Absconder Violation Responsibilities

Receiving 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 ReportSubmit Case ClosureIssue 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

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The Violation Report

In ICOTS

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Violation Reports

Submit within 30 days of discoveryMust attach supporting documentation

Rule

4.109

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Abscond Example

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New Conviction Example

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Location & Availability

Offender is NOT Available if there are pending Violent Crime or Felony Charges unless states mutually agree

See Rule 5.101-1

Available for retaking?

Yes=there is nothing holding the offender in the receiving state

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Recommendations

Recommendation must be:Warrant should be issued.

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Addendum to OVR

Updates Violation Record; Use for Violation correspondenceDO NOT report new violations on an Addendum

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Response to Violation

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Response to Violation

A sending state shall respond no later than 10 business daysResponse shall include:action to be takendate action will beginestimated completion date

Rule

4.109

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Addendum to OVR Response

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When the RS Closes the Case in ICOTS

Under Rule 5.102, close the case once the offender has been picked up by the sending stateUnder Rule 4.109-2, close the case immediately after submission of absconder VR

Rule 4.112

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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.

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Scenario #1

To invoke retaking under Rule 5.102, the offender must be

convicted

of either a new felony offense or violent crime (felony or

misd

.)

True

False

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Scenario #2

I am supervising an interstate compact offender and he has failed to report to his last 2 office visits. I can submit a Violation Report and Case Closure for absconding to the Sending State.

True

False

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Scenario #3

I am an officer in the receiving state that is supervising an offender who is currently on probation for

Possession of Controlled Substance

(F).  While under supervision in my state, the offender receives a new conviction for Battery Domestic Violence (M).  Based on the “Violent Crime” definition, this offender may be subject to mandatory retaking requirements under ICAOS Rule 5.102. 

True

False

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Scenario #4

The sending state must respond to a violation report within:

2 business days

10 business days

30 calendar days

120 calendar days

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Questions

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