Presentations text content in ICAOS Training 102-Transferring Supervision
Slide1
ICAOS Training102-Transferring Supervision[Revision 12/1/2017-Includes Rules Effective 3/1/2018]Be Ready for a Test at the End.
Slide2ICAOS 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
Slide3Cycle of a Compact Case
Slide4Training ObjectivesTransfer Request RequirementsInvestigation PeriodRequesting Reporting InstructionsReply to Transfer RequestNotice of Departure & Notice of ArrivalReturn of Offenders
Slide5Purpose of ICAOSPromote Public SafetyProtect the Rights of VictimsEffective Supervision/RehabilitationControl Movement of OffendersProvide for Effective Tracking
Slide6The 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?
Slide7Transfer RequestCopy of signed Offender ApplicationInstant Offense DETAILS (Narrative)PhotoConditions of SupervisionFinancial Obligations (order by Court)Supervision history (only if currently on supervision for more than 30 calendar days)PSI (if it exists or is not prohibited for distribution)
If Applicable:
Sex
offender registration requirements
Orders of restriction
Known protective orders
Known gang affiliation
Prison discipline and mental health history of last 2 years
Rule 3.107
Slide8MandatoryResident or Resident Family 99% of Mandatory TransfersDiscretionarySuccessful Completion of SupervisionPublic SafetyRehabilitation of Offenders Protect Rights of Victims
Slide9Valid Plan of Supervision-Required for ALL Transfers!Why is the offender going to be more successful in the Receiving StateDescribe support systemMeans of supportLiving situationVerified Information
Slide10Accurate/RelevantDetailed (no abbreviations)VERFIED!!Use the justification to illustrate how the reason for transfer and plan of supervision in the receiving state was verifiedEnsure information provided is:
Slide11Transfer Request#1 Add criminal case information#2 Add offenses to case NCIC code or use drop-down#3 Attach details of offense
Slide12Transfer Request
Slide13“Sex Offender”Eligible “Offender” by Compact definitionSubject to supervisionRequired to register in EITHER the sending state or receiving stateRule 1.101 definitions
Slide14Transfer Request-Sex OffenderIf Available:Assessment InformationSocial HistoryInformation relevant to the offender’s criminal sexual behaviorLaw Enforcement ReportVictim InformationDemographicsStatementSupervision/Treatment plan - current or recommended
Rule 3.101-3
Slide15Pre-Release TransferSubmit request within 120 calendar days prior to release dateSending state shall notify receiving state if the planned release date changesor if release date has been withdrawn or deniedRule 3.105
Slide16Transfer RequestLast Chance to Delete
Slide17Transfer RequestEmail is sent to Supervisor for review
Slide18Transfer RequestCheck activity status using the Compact Workload
Per Rule 3.104 a Transfer Request must be responded to within 45 days
Slide19Investigation Period45 Calendar days following receipt in the Receiving State’s Compact OfficeRule 3.104
Slide20No Travel Prior to Transfer ReplyThe offender SHALL NOT proceed to the receiving state.Advisory Opinion 9-2006 & 3-2004: If an offender is in a receiving state prior to acceptance, the Receiving State can properly reject the request for transfer.Rule 3.102
Slide21ExceptionsOffender qualifies for Reporting Instructions NEXT SLIDEBorder State Situations-Medical Appointments/Outpatient Treatment or EmploymentMust return dailyTravel limited to appointment or employmentInform via the Transfer Request
Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106
Slide22Offender must qualify for Reporting InstructionsRule 3.101-1 (new documentation requirements!!), 3.101-3, 3.103 & 3.106
Slide23Sex OffendersNo travel permit w/o approved reporting instructions
Rule
1.101 & 3.101-3
Slide24Reporting Instruction TimeframesReceiving StateSending State2 business days to respond to all RFRIs5 business days for sex offendersSend timely Transfer Request15 business days 7 business days after approved expedited reporting instructions
Rule 3.101-1, 3.101-3,
3.103
& 3.106
Slide25Transfer Request Reply
Access activity from Assistants, Compact Workload or Offender Profile
Email is sent to user assigned
Slide26Transfer Request ReplyOffender Profile: Action Items
Slide27Transfer Request Reply
Slide28Transfer Request ReplyAccepted
Rejected
Rule 3.104-1
-Valid for 120 calendar days
-Be specific
Slide29Reject an Incomplete Transfer RequestBe specific on what is missing from the Transfer Request.Sending State caneasily update the TROffenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days
Compact Office Function!!
Slide30Improper RejectionsOffenders with disabilities (Rule 2.108)Offenders with pending charges (obtained before or during investigation period; AO 8-2005)Incorrect ICOTS user assignedWrong County/UnitSpecialized OfficerUndocumented immigrant (AO 13-2006)Section 8 housing (AO 2-2007)Discretionary Cases without addressing the justification (3.101-2)
Slide31Transfer Request Reply
Slide32Transfer Request Reply
Slide33Approved Transfer ReplyReceiving State’s Compact Office Transmits ReplyEmail is generated to sending state usersCompact Office, PO Supervisor & POActivity History (Offender Profile) reflects the decision of the Transfer ReplySending state should be sure to review the pdf and attachments for details
Slide34Additional Document RequestsReceiving StateSending StateMay request documents necessary for supervision upon acceptance
Transfer Reply or
Compact Action Request
Must provide documents within
30 calendar days
Rule 3.107
Slide35Notices 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.
Rules 3.104-1 & 4.105
Slide36Return after Transfer RejectionTransfer Request TRULY Rejected or Failed to submit Complete Transfer Request AND Offender has arrived in Receiving state via Reporting Instructions
Receiving State
Sending State
Initiates
return by requesting reporting instructions within 7 business days of
rejection
Provide specific reason for return
CONTINUE
supervision until
departure or issuance of sending state’s warrant
NOD & CCN-when offender
departs
RI’s
must be APPROVED
Report
Date-within 15 business days of return reporting instructions request
NOA-When
offender arrives
Failed to Return-Issue
Warrant
Rules 3.101-1, 3.103, 3.106 & 4.111
Slide37Workflow 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
Slide38LiabilityLiable 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.
Slide39Scenario #1An offender transferring to another state is subject to registration as a sex offender in the sending state but is not required to register as a sex offender in the receiving state. This offender is still considered a sex offender by compact definition.TrueFalse
Slide40Scenario #2The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving state’s compact office.204560120
Slide41Scenario #3An offender who has been under supervision for the last 2 years has been allowed to work at a job which requires him to cross a state line each day to get to his employment. The offender recently finds an apartment in the other state that is 15 minutes closer to his job and cheaper rent. The offender meets eligibility requirements for transferring supervision under the Compact but does not meet eligibility for reporting instructions. Although the sending state indicated on the transfer request the offender travels daily for work purposes only, the receiving state can reject the transfer due to the offender traveling to their state for his employment.TrueFalse
Slide42Scenario #4An offender with approved reporting instructions is in the receiving state during the investigation. Subsequently, the transfer request is denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) To track and facilitate the return of the offender back to the sending state, the receiving state must request returning reporting instructions within ___ business days of the transmission of the rejection.271015
Slide43Questions
ICAOS Training 102-Transferring Supervision
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