PO Training Presentation for use on WebEx

ICAOS Jail Administrator Presentation Presented by:

[Revision 5/18/2012]

Purpose of ICAOS • • • • •

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

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?

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.

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

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

“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

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date • Sending state shall notify receiving state if – the planned release date changes – or if release date has been withdrawn or denied Rule 3.105

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

Supervision • Receiving state determines degree of supervision – MUST be consistent with the supervision of other similar offenders sentenced in the receiving state • Special Conditions • Violations

• Sending State determines length of supervision. Rule 4.101 & 4.102

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

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 Rule 4.109-2 File with a nationwide pick-up radius

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

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

Mandatory Retaking Rules 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

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

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

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.

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 presigned waiver. – If a bond is set contact the compact office.

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.

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

Questions