ICAOS Training 101 Transfer Reporting Instructions Eligibility Revision

ICAOS Training 101 -Transfer & Reporting Instructions Eligibility [Revision 1/2/2020 -Includes Rules Effective 4/1/2020] Be Ready for a Test at the End.

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

Cycle of a Compact Case Transfer Request 1 st Notice of Arrival Supervision in & y i l i t Receiving State b i g i l E e ! n r i e f m s er n t a e r T D r : o Step ason f Re Transfer Reply Notice of Departure Case is closed

Training Objectives • Eligibility Criteria • • Definition of ‘Offender’ Definition of ‘Supervision’ Offenses covered Mandatory versus Discretionary Acceptance • Reporting Instructions Criteria • Offenders must qualify for reporting instructions

Purpose of ICAOS • Promote Public Safety • Protect the Rights of Victims • Effective Supervision/Rehabilitation • Control Movement of Offenders • Provide for Effective Tracking

The Interstate Compact for Adult Offender Supervision • Courts, Parole Boards, Community Corrections & other Executive Agencies • subject to ICAOS rules • MUST enforce & effectuate the Compact Do you know your state’s statute?

What Triggers the Compact? No state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by these rules. Rule 2. 110

“Relocate” • “Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period. Rule 1. 101 definitions-Rule 2. 110

“Offender” Adult who commits a criminal offense AND • Is subject to supervision; • Released to the community under jurisdiction of: • Courts • Paroling Authorities • Corrections • Other Criminal Justice Agencies; AND • meets eligibility requirements Rule 1. 101 definitions

“Supervision” • Has 2 distinct criteria: • Oversight exercised by a controlling authority, which includes Courts, Parole Boards, etc… • Required to monitor regulations or conditions, other than monetary. Rule 1. 101 definitions

Eligible Offenders All Felons Certain Misdemeanants (Rule 2. 105) Next Slide Non-eligible Offenders Certain Misdemeanants (Rule 2. 105) Deferred Sentences (Rule 2. 106) • Is there a finding of guilt? • Has a plea been entered? • Given up the right to trial? Those on work-release (Rule 2. 107) • Or released under furlough • Or on a pre-parole program • Those on a Pre-Trial Intervention Programs “Unsupervised” Offenders requiring monitoring of non-monetary conditions • Bench Probation Offenders released on bail

Eligible Misdemeanants Sentence = 1+ years of supervision AND Instant Offense includes one or more: Ø Person incurred direct or threatened physical or psychological harm. Ø 2 nd or subsequent conviction of driving while impaired by drugs or alcohol Ø Use or possession of a firearm involved. Ø Sex offense requiring registration in the sending state Rule 2. 105

Transfer Requirements Decision to transfer is solely at the discretion of the sending state. An Offender shall be eligible and the receiving state shall accept transfer, if the offender: a) Has more than 90 days of supervision remaining; and b) Has a valid plan of supervision; and c) Is in substantial compliance in the sending state; and d) Is a Resident of the Receiving State; or e) (1) has resident family in receiving state who are willing to assist and have the ability to assist. and, (2) can obtain employment or has means of support Rule 3. 101

Reasons & Justification for Transfer • Resident: inhabited one year prior to offense • Resident Family: Parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent • Inhabited receiving state for 180 calendar days • Employment Transfer: At the direction of employer as a condition of maintaining employment Over 98% of MANDATORY transfers are for Resident Family! Rule 3. 101, 3. 101 -1 & 3. 101 -2

Discretionary Transfers • Provide sufficient documentation to justify the requested transfer. • The receiving state has the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact • • Successful Completion of Supervision Public Safety Rehabilitation of Offenders Protect Rights of Victims Rule 3. 101 -2

Transfer Acceptance • Mandatory – if the offender meets the criteria to transfer, the receiving state MUST accept supervision • Discretionary – • Offenders not eligible for mandatory transfer • Sending state must justify “WHY” • Receiving state has the discretion to accept or reject supervision • Rejections must include specific reasons for rejection Rule 3. 101 & 3. 101 -2

Is there a difference between the criteria for a Transfer Request and the criteria for Reporting Instructions?

Offender must qualify for Reporting Instructions Rule 3. 101 -1, 3. 101 -3, 3. 103 & 3. 106

Offender must qualify for Reporting Instructions Living in Receiving State at the Time of Sentencing: • Requests must be submitted within 7 days of sentencing, release from incarceration OR after disposition of violation or revocation hearing • Offenders initially sentenced and need to return home • Offenders serving short (6 months of less) incarceration term and released to probation supervision • TIP: Submit Transfer Request prior to release. If approved, request for reporting instructions is not necessary • Offenders previously retaken and upon disposition of violation or a revocation hearing need to return home • ONLY reason for reporting instructions in which a travel permit may be issued (non-sex offenders) prior to reply from a receiving state • Don’t forget to inform offender of the Reporting Instructions when received!!! Rule 3. 103

Living in Receiving State vs. Compact Definition of Resident Mandatory RI’s for Living in Receiving State Mandatory Transfer for ‘Resident’ • The offender currently lives in the • The offender must have lived in the receiving state when sentenced to receiving state for at least one probation in the sending state and continuous year prior to needs to go home after sentencing. committing the offense in the sending state

Offender must qualify for Reporting Instructions Mandatory Transfers & Reporting Instructions: • Military transfers (offender & family members) • Veterans referred/accepted for treatment • Employment transfers (offender & family members) • MUST live with family members • Employment Transfers must be at the DIRECTION of employer and condition of maintaining employment Rule 3. 101 -1

Offender must qualify for Reporting Instructions Expedited=BOTH STATES must agree an emergency exists: • Key to approval are GOOD JUSTIFICATIONS! • Why does the offender need to be in the receiving state during the transfer investigation…. . ? ? Select ‘Expedited’ when: • Reason does not fit other mandatory reasons for RI’s • Offender is released from incarceration in the receiving state (state the offender requests to remain in and qualifies for transfer) Rules 3. 102 & 3. 106

Requests for Reporting Instructions for Sex Offenders must include: Rule 3. 101 -3

“Sex Offender” NOT S E O D n o i Definit prevent r o e s o p im in the n o i t a r t s i reg State Receiving • Eligible “Offender” • By Compact definition • Subject to supervision • 3 Types of ‘Sex Offenders” • Registered in the sending state • Required to register in the sending state • Offender who is under sex offender terms and conditions in the sending state Rule 1. 101 definitions

Reporting Instruction Timeframes Receiving State 2 business days to respond to all RFRIs 5 business days for sex offenders Sending State Send timely Transfer Request • 15 business days • 7 business days after approved expedited reporting instructions Rule 3. 101 -1, 3. 101 -3, 3. 103 & 3. 106

Notices of Departure & Arrival • Fastest Processes in ICOTS! Sending State Receiving State Notice of Arrival when offender arrives and reports as instructed. • Officer becomes the ‘supervising user’ in ICOTS NOD when offender departs Rule 3. 104 -1 & 4. 105 Notice of Failure to Report if offender failed to report within 5 business days after departing sending state.

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.

Transfer of Offenders • Advisory Opinion 3 -2004 • Once an application has been made under the Compact an offender may not travel to the Receiving State without the Receiving State’s permission. • Advisory Opinion 9 -2006 • States which allow eligible offenders to transfer to the receiving state prior to the investigation being completed are in violation of the Compact. Rule 3. 102(b) & Rule 2. 110

Scenario #1 The sentencing court in my state has sentenced an offender to “informal probation” (bench probation) on a felony conviction for POSSESSION OF A CONTROLLED SUBSTANCE which includes conditions of community service work and counseling. Because the offender has been placed on informal probation to the court, this case does not fall under the transfer requirements of the Interstate Compact. a) True b) False

Scenario #2 I am the supervising officer for a felony offender that has been court ordered to attend substance abuse treatment in an out-of-state treatment facility. Since the program is only three months long and the court has ordered the treatment, I may give him a travel permit that allows him attend the program without triggering the rules of the compact. a) True b) False

Scenario #3 An offender commits a crime in the sending state and then moves to another state with the court’s permission during the sentencing process. The offender returns to the sending state for sentencing and receives three years probation. The sending state can mark “resident” as the reason for transfer on the transfer request. a) True b) False

Scenario #4 An offender convicted and sentenced to a three year term of supervision for a misdemeanor DUI/DWI who has a prior misdemeanor DUI/DWI conviction from five years ago, is subject to the Interstate Compact rules. a) True b) False

Scenario #5 Following approved reporting instructions and/or an approved transfer request, the offender departs and the sending state submits a notice of departure in ICOTS. Should the offender fail to report in the receiving state as instructed, the receiving state should: a) Submit a compact action request to the sending state advising that the offender has failed to report as instructed. b) Submit a Notice of Arrival to the sending state, indicating the failure to report. c) Keep the case open until the offender shows up and reports to their officer in the receiving state. d) Do nothing. The offender will show up when he is good and ready.

Questions