ICAOS Mini Training

Transfer Eligibilityand

Reporting Instructions Eligibility

Presented by: Training Committee[Revision 3/1/2014]

Be Ready for a Test at the End.

Training Objectives

• Eligibility Criteria– Definition of ‘Offender’– Definition of ‘Supervision’– Offenses covered– Mandatory versus Discretionary Transfer

• 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

• Courts, Parole Boards, Community Corrections & other Executive Agencies

– subject to ICAOS rules

– MUST enforce & effectuate the Compact

Do you know your state’s statute?

The Interstate Compact for Adult Offender Supervision

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

“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.

Eligible Offenders Must Transfer to Relocate

Eligible Offenders Non-eligible OffendersAll FelonsCertain Misdemeanants (Rule 2.105)

Next SlideCertain 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• Bench Probation

Offenders released on bail

Eligible Misdemeanants

Sentence = 1+ years of supervisionAND

Instant Offense includes one or more:

Person incurred direct or threatened physical or psychological harm.

2nd or subsequent offense of driving while impaired by drugs or alcohol

Use or possession of a firearm involved.

Sex offense requiring registration in the sending state

Rule 2.105

2 Types of Transfers

• 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

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

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 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– Public Safety– Rehabilitation of Offenders

Rule 3.101-2

Is there a difference between the criteria for a Transfer

Request and the criteria for Reporting Instructions?

Reporting Instructions

Offender must qualify for Reporting Instructions

Reporting Instructions for Sex Offenders Living in the Receiving State at the

Time of Sentencing

• Rule 3.103 applies except for the following:

– 5 business days to respond• Invalid residence – may deny Reporting

Instructions

– Travel permits are NOT permitted w/o approved Reporting Instructions

Rule 3.101-3

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 receiving state when sentenced to probation in the sending state and needs to go home after sentencing.

• The offender must have lived in the receiving state for at least one continuous year prior to committing the offense in the sending state

Notices of Departure & Arrival

• Fastest Processes in ICOTS!

Sending State Receiving State

NOD when offender departsNOA when offender arrives and reports as instructed.• Officer becomes the ‘supervising user’

in ICOTS

Failed to Report? • Submit a NOA and follow up with a

Case Closure Notice

Rule 4.105

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 #1The 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 standard 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 #2I 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 #5Following 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, indicate the failure to report, and follow up with a case closure notice.

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