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ICAOS Training
102-Transferring Supervision
[Revision 4/24/2015]
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 Significant Violations
• 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
Transfer Reply
Notice of Departure
Notice of Arrival
Supervision in Receiving
State
Case is closed
Training Objectives
• Transfer Request Requirements
• Investigation Period
• Requesting Reporting Instructions
• Reply to Transfer Request
• Notice of Departure & Notice of Arrival
• Return of Offenders
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
Transfer Request
Copy of signed Offender Application
Instant Offense DETAILS (Narrative)
Photo
Conditions of Supervision
Financial 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
Transfer Request
#1 Add criminal case information
#2 Add offenses to case
NCIC code or use drop-down
#3 Attach details of offense
Transfer Request
“Sex Offender”
• Eligible “Offender” by Compact definition– Subject to supervision
• Required to register in EITHER the sending state or receiving state
Transfer Request-Sex Offender
Rule 3.101-3
If Available:• Assessment Information• Social History• Information relevant to the offender’s criminal
sexual behavior• Law Enforcement Report• Victim Information
• Demographics• Statement
• Supervision/Treatment plan - current or recommended
Pre-Release Transfer
• Submit request within 120 calendar days prior to release date
• Sending state shall notify receiving state if
– the planned release date changes– or if release date has been withdrawn or denied
Rule 3.105
Transfer Request
Last Chance to Delete
Transfer Request
Email is sent to Supervisor for review
Transfer Request
Check activity status using the Compact Workload
Per Rule 3.104 a Transfer Request must be responded to within 45 days
Investigation Period
• 45 Calendar days following receipt in the Receiving State’s Compact Office
Rule 3.104
No Travel Prior to Transfer Reply
• The 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
Exceptions
• Offender qualifies for Reporting Instructions NEXT SLIDE
• Offender’s employed in the receiving state at the time the request is submitted.
(i.e. Border States)• Inform via the Transfer Request
Rule 3.101-1, 3.101-3, 3.102, 3.103 & 3.106
Reporting Instructions
Sex Offenders
• No travel permit w/o approved reporting instructions
Rule 1.101 & 3.101-3
Reporting Instruction Timeframes
Receiving State Sending State
2 business days to respond to all RFRIs
5 business days for sex offender living in receiving state at the time of sentencing
Send timely Transfer Request• 7 business days after approved
expedited reporting instructions• 15 business days after probationer
living in receiving state at the time of sentencing
Rule 3.101-3, 3.103, 3.106
Transfer Request Reply
Access activity from Assistants, Compact Workload or Offender Profile
Email is sent to user assigned
Transfer Request Reply
Offender Profile: Action Items
Transfer Request Reply
Transfer Request Reply
Accepted
Rejected
Rule 3.104-1
-Valid for 120 calendar days
-Be specific
Reject an Incomplete Transfer Request
• Be specific on what is missing from the Transfer Request.
Sending State caneasily update the TR
• Offenders in the receiving state with approved reporting instructions may remain there if a new Transfer Request is submitted within 15 business days
Rule 3.104
Improper Rejections
• Offenders with disabilities (Rule 2.108)• Offenders with pending charges (obtained
before or during investigation period; AO 8-2005)
• Incorrect ICOTS user assigned– Wrong County/Unit– Specialized Officer
• Undocumented immigrant (AO 13-2006)• Section 8 housing (AO 2-2007)
Transfer Request Reply
Transfer Request Reply
Approved Transfer Reply
• Receiving State’s Compact Office Transmits Reply– Email is generated to sending state users
• Compact Office, PO Supervisor & PO
– Activity History (Offender Profile) reflects the decision of the Transfer Reply
– Sending state should be sure to review the pdf and attachments for details
Additional Document Requests
Receiving State Sending State
May request documents necessary for supervision upon acceptance
• Transfer Reply or• Compact Action Request
Must provide documents within 30 calendar days
Rule 3.107
Notices of Departure & Arrival
• Fastest Processes in ICOTS!
Sending State Receiving 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.
Rule 3.104-1 & 4.105
Return of OffendersOffenders in Receiving State with Approved Reporting
Instructions During InvestigationAND
Transfer Request Rejected or Failed to submit Complete Transfer Request
Receiving State Sending State
Retains authority to supervise until directed departure date or issuance of sending state’s warrant
Direct offender to return-15 business days
Failed to Return-Issue Warrant
Rule 3.103 & Rule 3.106
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
An 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.
a) True
b) False
Scenario #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.
a) 20
b) 45
c) 60
d) 120
Scenario #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.
a) True
b) False
Scenario #4
An offender was approved for reporting instructions to be in the receiving state during the investigation. Subsequently, the transfer request was denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) Upon receipt of a rejection, the sending state must direct the offender to return within ___ business days.a) 2
b) 7
c) 10
d) 15
Questions