ICAOS Training 105 Mandatory Retaking Felony or Violent

ICAOS Training 105 -Mandatory Retaking Felony or Violent Crimes & Absconders Rules 4. 109 -2 , Rule 5. 102 & 5. 103 -1 [Revision 1/7/2020 -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

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”

“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

“Violent Crime” Definition • “Violent Crime” means: 1. Unlawful exertion of physical force with the intent to cause injury or physical harm to a person; OR 2. Offense 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; OR 3. Use of a deadly weapon in the commission of a crime; OR 4. Sex offense requiring registration Rule 1. 101 definitions

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

“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.

“Abscond” Definition “Abscond” means…. . • to be absent from the offender’s approved place of residence and employment; and • failing to comply with reporting requirements Rule 1. 101 definitions

Four Elements of Absconding Activities shall include, but are not limited to: 1) Documenting ALL communication attempts 2) Conducting a field contact at last known place of residence; 3) Contacting last known place of employment; if applicable; 4) Contacting known family members and collateral contacts must include those identified in original transfer request. Rule 4. 109 -2

Absconder Violation Responsibilities Receiving State Sending State Offender 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 Report • Submit Case Closure • Issue 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

The Violation Report In ICOTS

Violation Reports • Submit within 30 days of discovery • Must attach supporting documentation Rule 4. 109

Updated Screen coming April 1 st 2020 Abscond Example

New Conviction Example

Location & Availability Available for retaking? Yes=there is nothing holding the offender in the receiving state Offender is NOT Available if there are pending Violent Crime or Felony Charges unless states mutually agree See Rule 5. 101 -1

Recommendations Recommendation ALWAYS “Warrant should be issued”

Addendum to OVR Updates Violation Record; Use for Violation correspondence DO NOT report new violations on an Addendum

Response to Violation

Response to Violation • A sending state shall respond no later than 10 business days • Response shall include: 1. action to be taken 2. date action will begin 3. estimated completion date Rule 4. 109

Addendum to OVR Response

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 state • Under Rule 4. 109 -2, close the case immediately after submission of absconder VR Rule 4. 112

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.

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. ) a) True b) False

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. a) True b) False

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. a) True b) False

Scenario #4 The sending state must respond to a violation report within: a) 2 business days b) 10 business days c) 30 calendar days d) 120 calendar days

Questions