106-ICAOS Training Probable Cause Process - PowerPoint Presentation

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106-ICAOS TrainingProbable Cause ProcessRule 5.108[Revision 12/1/2017-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

Training ObjectivesPurpose of Rule 5.108 & PC explainedWhen a Probable Cause Hearing is required/not requiredProbable Cause Hearing Report Requirements/ResultsWaiverWhen Probable Cause is found/not foundSlide4

US Supreme Court DecisionsMorrisey vs. Brewer 408 U.S. 471 (1972) (parole)Gagnon vs. Scarpelli 411 U.S. 778 (1973) (probation)Why is this important to Compact Offenders?Geographical concerns (violations committed outside of Sending State)Without PC, violations may be barred from consideration for revocation (Sending State)Offenders are ENTITLED when revocation is possibleSlide5

Retaking vs RevocationRetaking: Process to remove or cause an offender to be removed from the Receiving StateMandatory: Receiving State invokes based on ‘revocable’ non-compliant behavior Discretionary: Sending State may initiate retaking for ANY reason unless pending felony or violent charges existRevocation: Sending State terminates supervised release and incarcerates the offenderSlide6

Purpose of PC HearingTest Merit of ViolationProvides evidence the offender likely violated his or her conditions of supervisionEnsure violation meets definition of ‘Behavior Requiring Retaking’Receiving States should not arbitrarily revoke relocation once granted Creates RecordTo be used in possible subsequent revocation hearingWho, What, When & Where??Slide7

When an Offender is not Entitled to a PC HearingNo possibility violations committed in receiving state will be used in revocation proceedings in the sending statee.g. Offender simply returning to resume supervision in Sending StateNew conviction Rule 5.102Conviction is conclusive proof of violationSlide8

When a Compact Offender is Entitled to a PC HearingCustodial detention based on violations initiated by either the receiving or sending statesanctioning or preliminary-justify detentionViolations committed in receiving state may form basis for revocation of supervisionRetaking for violations-creates record for sending state and substantiates the violationsViolations imposed by EITHER sending or receiving state (Notification (via Progress Report) at the time condition is

imposed!)Absconder apprehended in the receiving stateSlide9

Preliminary Hearing vs PC HearingCustodial detention based on violations Sanctioning (not retake/revocation) ORPreliminary hearing justifying detentionMay or may not meet requirements of Rule 5.108 Depends on level of detailDoes hearing record CLEARLY articulate facts and circumstances SUPPORTING retaking the offender & recommendation for revocation??Slide10

PC Hearing & RetakingViolations committed in receiving state may form basis for revocation of supervisionRetaking for violations-creates record for sending state and substantiates the violationsEnsures certain due process RIGHTS are afforded to the offender prior to revocation hearingAbsconder apprehended in the receiving stateConfirms validity of previous Violation Report Warrant & Detainer must remain in place!Slide11

Prior to the PC HearingA Probable Cause Hearing is Required! Now What?!?Offender should receive written notice of the alleged violation(s)Notice of hearing (option to waive)Wavier discussion coming up!Slide12

PC Hearing ElementsConducted by neutral and detached personClose proximity to where alleged violations occurredAdministrative hearingFact finding, no determination of guiltLevel of due process is usually less than a revocation hearingSlide13

Offender’s Rights at PC HearingWhat is an offender entitled to at a PC Hearing?Disclosure of non-privileged/non-confidential evidenceOpportunity to be heard in person, present witnesses and evidenceThe opportunity to confront and cross-examine adverse witnessesunless the hearing officer determines that a risk of harm to a witness existsSlide14

Hearing Report RequirementsEnsure reports meets local AND Rule 5.108 requirement!Due to sending state within 10 business days after the hearingMust include:Date, time, location of the hearingWho was present (who testified/who did not)Clear & concise WRITTEN summary of ALL testimonyWhat evidence was used in decision?Specific statements as to which violations where PC found, not found and offender admitted toSlide15

Waiver of Probable Cause HearingWaiver acceptable when:Offender is apprised of his or her rights to hearingNo contest to retaking and clearly aware of the facts supporting retakingSigned admission to one or more violationsSlide16

Uploading Hearing Report or WaiverEstablishing Probable Cause per Rule 5.108 when reporting the violation may speed up the retaking process!PC documentation can be updated/added, via Addendum to Violation Report too!

Ensure Hearing Reports meet requirements of Rule 5.108Slide17

After the PC Hearing…If Probable Cause is established,

Receiving StateSending State

SHALL hold the offender in custody

If not in custody, the offender is taken into custody at this time

Notify the receiving state of the decision to

retake within 15 business days

of receipt of the report

SHALL retake offender within

30 calendar days

once offender is in custody solely held on the sending state’s warrantSlide18

After the PC Hearing…If Probable Cause is NOT established,

Receiving StateSending State

Notify the sending state to vacate the

warrant

Vacate

the receiving state’s warrant

Release the offender back to supervision

within 24 hours of the hearing

if the offender is in custody

Continue Supervision

Vacate the sending state’s warrantSlide19

Denial of Bail or other Release Conditions An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted bail or other release conditions in any state.Rule 5.111Slide20

Cost Responsibilities Associated with RetakingSending StateReceiving StateCosts incurred to remove an offender from the receiving state

Cost to detain the offenderSlide21

Case ClosureOnce the offender is retaken by the sending state a Case Closure Notice needs to be completed in ICOTS.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

Scenario #1The receiving state submitted a violation report for conviction of a offense which included a copy of the court order. The sending state requests a probable cause hearing. Under the rules of the compact the receiving state is not required to conduct the probable cause hearing for this case.TrueFalseSlide24

Scenario #2Anyone in the receiving state can conduct a probable cause hearing, including the supervising agent.TrueFalseSlide25

Scenario #3The receiving state sends a violation report indicating the offender has waived his/her right to a probable cause hearing. However, the waiver does not include an admission of violating a condition of supervision. Since the wavier is signed by the offender, it is still valid.TrueFalseSlide26

Scenario #4The sending state receives the probable cause hearing results from the receiving state but it does not include a summary of the testimony, the date and time of the hearing or the evidence relied on to make the decision. The probable cause hearing results are valid and the sending state must move forward with retaking/returning the offender.TrueFalseSlide27

Scenario #5The sending state should be notified via Progress Report anytime a new condition is imposed on the offender. TrueFalseSlide28

Questions