ICAOS Jail Administrator Presentation Presented by: [Revision 5/18/2012]

1. ICAOS Jail Administrator Presentation Presented by: [Revision 5/18/2012]

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

3. Interstate Compact Legislation • Courts, Parole Boards, Community Corrections & other Executive Agencies • Subject to ICAOS rules • MUST enforce & effectuate the Compact Do you know your state’s statute?

4. Authority of the Interstate Compact • The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime. • Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.

5. National Governing Body • All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact • Rule Making Authority • Compliance Enforcement

6. ICAOS Considerations • ICAOS regulates how offenders are: • Transferred from one state to another • Supervised while on Compact supervision • Returned to a sending state when an offender violates

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. Pre-Release Transfer • Submit request within 120 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date • Sending state shall notify receiving state if • the planned release date changes • or if release date has been withdrawn or denied Rule 3.105

9. Waiver of Extradition • Offender Application for Transfer • Prior to leaving the sending state, the offender SHALL sign a waiver of extradition. • Extradition hearings are not required. Rule 3.109

10. Supervision • Receiving state determines degree of supervision • MUST be consistent with the supervision of other similaroffenders sentenced in the receiving state • Special Conditions • Violations • Sending State determines length of supervision. Rule 4.101 & 4.102

11. Authority to Arrest and Detain • An offender in violation of the terms and conditions of supervision may be taken into custody or continued in custody by the receiving state. • (Only if you have the authority to arrest in-state offenders without a warrant from the Court.) Rule 4.109-1

12. Absconder Violation Abscond means to be absent from the offender’s approved place of residence or employment with the intent to avoid supervision • If offender is not located, Receiving State submits a Violation Report and Case Closure Notice • Sending State MUST issue Warrant upon receipt • Warrant means: • Written order commanding law enforcement to arrest an offender • SHALL be entered in the NCIC Wanted Person File with a nationwide pick-up radius Rule 4.109-2

13. Retaking • Means the act of the sending state physically removing an offender or causing to have an offender removed, from a receiving state. • Requires a warrant & detainer • Warrant means: • Written order commanding law enforcement to arrest an offender • SHALL be entered in the NCIC Wanted Person File with a nationwide pick-up radius • NO BAIL or other release conditions Rule 5.101

14. Retaking • Sending State retains authority to retake at ANYTIME unless offender is charged with a new crime in the receiving state. • Offender charged with a new criminal offense cannot be retaken: • without the consent of receiving state; OR • until charges have been dismissed; OR • sentence has been satisfied; OR • offender released to supervision for new offense Rule 5.101

15. Mandatory RetakingRules 5.102, 5.103, 5.103-1, 5.103-2 • Upon the request of the receiving state, the sending state shall issue a warrant and retake: • upon conviction of a new felony offense • upon conviction of a new violent crime • upon notice a “violent offender” has committed 1 significant violation • upon notice the offender has committed 3 significant violations Non-violent offenders subject to retaking for significant violations may be ordered to return in lieu of retaking • upon receipt of an absconder violation report and case closure

16. Retaking Responsibilities • Sending State • Cost of retaking • Retake within 30 days • Establish authority of officers • Identify the offender • Ensure no detainers against offender exist • Ensure no extradition proceedings are pending • Receiving State • Cost of detaining • No bail or other release conditions allowed for offender • Conduct PC Hearing if requested

17. Probable Cause Hearings • Morrisey vs. Brewer 408 U.S. 471 (1972) • Gagnon vs. Scarpelli 411 U.S. 778 (1973) • Offenders are entitled to a probable cause hearing: • Close proximity to where the violations occurred • An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing • Conducted by a “neutral and detached” person

18. 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.

19. How Can You Help? • Work with the County Attorney when an offender is detained on an interstate compact warrant. • Ensure County Attorney knows not to file ‘Fugitive from Justice’ • Work with Judges regarding Interstate Compact rules and recognizing the pre-signed waiver. • If a bond is set contact the compact office.

20. How Can the Compact Help You? • Contact us to confirm whether or not an offender is an interstate compact offender. • Refer those with questions to us. • If you need probation or parole officer’s involvement we can help make that happen.

21. Contact • Interstate Commission for Adult Offender Supervision 836 Euclid Avenue Lexington KY 40502(859) 721-1050 Phone(859) 721-1059 Fax • Commission Website www.interstatecompact.org

22. Questions