ICAOS Training 102-Transferring Supervision [Revision 12/1/2017-Includes Rules Effective 3/1/2018] 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 Cycle of a Compact Case Transfer Request Notice of
Arrival Supervision in Receiving State Transfer Reply Notice of Departure
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 The Interstate Compact Adult Offender Supervis Courts, Parole Boards, Community Corrections & other Executive Agencies
subject to ICAOS rules MUST enforce & effectuate the Compact Do you know your states statute? Transfer Request Copy of signed Offender Application Instant Offense DETAILS (Narrative) Photo Conditions of Supervision Financial Obligations (order by Court)
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 Supervision history (only if currently on supervision for
more than 30 calendar days) PSI (if it exists or is not prohibited for distribution) Rule 3.107 Mandatory Resident or Resident Family 99% of Mandatory Transfers Discretionary
Successful Completion of Supervision Public Safety Rehabilitation of Offenders Protect Rights of Victims Valid Plan of Supervision-Required for ALL Transfers!
Why is the offender going to be more successful in the Receiving State Describe support system Means of support Living situation Verified Information Ensure information provided
is: Accurate/Relevant Detailed (no abbreviations) VERFIED!! Use the justification to illustrate how the reason for transfer and plan of supervision in the receiving state was verified
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
Rule 1.101 definitions Transfer Request-Sex Offender If Available: Assessment Information Social History Information relevant to the offenders criminal sexual behavior Law Enforcement Report
Victim Information Demographics Statement Supervision/Treatment plan - current or recommended Rule 3.101-3
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 States 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 Border State Situations-Medical Appointments/Outpatient Treatment or Employment Must return daily Travel limited to appointment or employment Inform via the Transfer Request Rule 3.101-1, 3.101-3, 3.102, 3.103 &
Offender must qualify for Reporting Instructions Rule 3.101-1 (new documentation requirements!!), 3.101-3, 3.103 & 3.106 Sex Offenders No travel permit w/o approved reporting instructions Rule 1.101 & 3.101-3
Reporting Instruction Timeframes Receiving State 2 business days to respond to all RFRIs 5 business days for sex offenders Sending State Send timely Transfer Request 15 business days 7 business days after approved expedited reporting instructions
Rule 3.101-1, 3.101-3, 3.103 & 3.106 Transfer Request Reply Email is sent to user assigned Access activity from Assistants, Compact Workload or Offender Profile Transfer Request Reply
Offender Profile: Action Items Transfer Request Reply Transfer Request R Accepted -Valid for 120 calendar days Rejected -Be specific
Rule 3.104-1 Compact Office Reject an Incomplete Function!! Transfer Request Be specific on what is missing from the Transfer Request. Sending State can
easily 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 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) Discretionary Cases without addressing the justification (3.101-2) Transfer Request Reply Transfer Request Reply
Approved Transfer Reply Receiving States 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 May request documents necessary for supervision upon acceptance Transfer Reply or Compact Action Request Sending State Must provide documents within 30
calendar days Rule 3.107 Notices of Departure & Arrival Fastest Processes in ICOTS! Sending State Receiving State
Notice of Arrival when offender arrives and reports as instructed. Officer becomes the supervising user in ICOTS NOD when offender departs Notice of Failure to Report if offender failed to report within 5 business days after departing sending state. Rules 3.104-1 & 4.105 Return after Transfer Reje
Transfer Request TRULY Rejected or Failed to submit Complete Transfer Request AND Offender has arrived in Receiving state via Reporting Instructions Receiving State Initiates return by requesting reporting instructions within 7 business days of rejection Provide specific reason for return CONTINUE supervision until departure or issuance of sending states warrant NOD & CCN-when offender departs
Sending State RIs must be APPROVED Report Date-within 15 business days of return reporting instructions request NOA-When offender arrives Failed to Return-Issue Warrant Rules 3.101-1, 3.103, 3.106 & 4.111
Workflow for ALL Returns Receiving State Sending State Request RI's Specify reason for return! NOD & CCN upon departure Supervisory Authority Ends
Respond to RFRI (2 days) NOA confirm arrival Failed to arrive? Issue Warrant CCN Response CASE CLOSED 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 #2 The receiving state has ____ days to complete an investigation and reply to a transfer request upon receipt of the transfer request in the receiving states compact office. a) b)
c) d) 20 45 60 120 Scenario #3 An 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 with approved reporting instructions is in the receiving state during the investigation. Subsequently, the transfer request is denied properly due to a lack for a valid plan of supervision in the receiving state. (Job and living situation fell through) To track and facilitate the return of the offender back to the sending state, the receiving state must request returning reporting instructions within ___ business days of the transmission of the rejection. a) 2
b) 7 c) 10 d)
15 Questions
