Presentation Transcript

1. ICAOS Mini Training Transfer Eligibility and Reporting Instructions Eligibility Presented by: Training Committee [Revision 3/1/2014] Be Ready for a Test at the End.
2. 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
3. Purpose of ICAOS Promote Public Safety Protect the Rights of Victims Effective Supervision/Rehabilitation Control Movement of Offenders Provide for Effective Tracking
4. 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?
5. 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
6. “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
7. “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
8. “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.
9. Eligible Offenders Must Transfer to Relocate
10. Eligible Misdemeanants Rule 2.105
11. 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
12. Transfer Requirements Decision to transfer is solely at the discretion of the sendingstate. An Offender shall be eligible and the receiving state shall accept transfer, if the offender: Has more than 90 days of supervision remaining; and Has a valid plan of supervision; and Is in substantial compliance in the sending state; and Is a Resident of the Receiving State; or (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
13. 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
14. 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
15. Is there a difference between the criteria for a Transfer Request and the criteria for Reporting Instructions?
16. Reporting Instructions Offender must qualify for Reporting Instructions
17. 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
18. Living in Receiving State vs. Compact Definition of Resident
19. Notices of Departure & Arrival Fastest Processes in ICOTS! Rule 4.105
20. 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.
21. 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
22. 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 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. True False
23. 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. True False
24. 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. True False
25. 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. True False
26. 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: Submit a compact action request to the sending state advising that the offender has failed to report as instructed. Submit a Notice of Arrival to the sending state, indicate the failure to report, and follow up with a case closure notice. Keep the case open until the offender shows up and reports to their officer in the receiving state. Do nothing. The offender will show up when he is good and ready.

27. Questions