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ICAOS Mini Training

Rule 5.103-2Mandatory Retaking

Violent Offenders and Violent Crimes&

Rules 4.109-2 & 5.103-1 Absconders

Presented by: Training Committee

Be Ready for a Test at the End.

Training ObjectivesKey Definitions• Define “Violent Offender”• Define “Violent Crime”• Define “Warrant”• Define “Abscond”• Define “Significant Violations”

What triggers Rule 5.103-2•  Commission of a significant violation•  Conviction for a new violent crime

What triggers Rule 4.109-2 & 5.103-1•  3 Elements of “absconding”

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“Violent Offender” and “Violent Crime” Definitions

• “Violent Offender” means an offender under supervision for a violent crime.

• “Violent Crime” means:1. Unlawful exertion of physical force with the intent to cause injury

or physical harm to a person; OR

2. Offense in which a person incurred direct or threatened physical or psychological harm as defined by the criminal code of the state in which the crime occurred; OR

3. Use of a deadly weapon in the commission of a crime; OR

4. Sex offense requiring registration

• “Abscond” means to be absent from the offender’s approved place of residence or employment with the intent of avoiding supervision

“Warrant” Definition• “Warrant” means a written order of the court or

authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius.

Mandatory RetakingRules 5.103-1, 5.103-2

• Upon the request of the receiving state, the sending state shall issue a warrant and retake:

– 5.103-2 (a) upon notice a “violent offender” has committed 1 significant violation

– 5.103-2 (b) upon notice an “offender” has been convicted of a new “violent crime”

– 5.103-1 upon receipt of an absconder violation report and case closure

Significant Violation

An offender’s failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.

Rule 4.109-2Absconding Violation

• (a) If there is reason to believe that an offender has absconded, the receiving state shall attempt to locate the offender. Such activities shall include, but are not limited to:– (1) Conducting a field contact at the last known place of

residence;– (2) Contacting the last known place of employment; if

applicable;– (3) Contacting known family members and collateral

contacts.

(b) If the offender is not located, the receiving state shall submit a VR pursuant to Rule 4.109(b)(9)

Rule 5.103-1Mandatory Retaking for Offenders Who

Abscond

• (a) Upon receipt of an absconder violation report and case closure, the sending state shall issue a warrant and, upon apprehension, file a detainer with the holding facility where the offender is in custody

• (e) The sending state shall keep its warrant and detainer in place until the offender is retaken

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The Violation ReportIn ICOTS

Violation Reports

• Submit within 30 days of Discovery of Significant Violation”– An offender’s failure to

comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.

How to Determine Significant

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“Abscond” means to be absent from the offender’s approved place of residence or employment with the intent of avoiding supervision

Recommendations

Recommendation must be:Warrant should be issued.

DO NOT USE: “Remain Under Supervision”, significant violations would initiate a revocation in the receiving state and therefore would not be considered for

this option.

Refer to Training Bulletin: 3-2008

Response to Violation

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Response to Violation

• A sending state shall respond no later than 10 business days

• Response shall include:1. action to be taken

2. date action will begin

3. estimated completion dateRule 4.109

Response to Violation

When the RS Closes the Case in ICOTS

• Under Rule 5.103-2, close the case once the offender has been picked up by the sending state

• Under Rule 4.109-2, close the case immediately after submission of absconder VR

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Rule 4.112

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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

In reference to the definition of “violent offender,” it is the sending state which determines if an offender is under supervision for a violent crime.

a) True

b) False

Scenario #2

I am supervising an interstate compact offender and he has failed to report to his last 2 office visits. I can submit a Violation Report and Case Closure for absconding to the Sending State.

a) True

b) False

Scenario #3

I am an officer in the receiving state that is supervising an offender who is currently on probation for Burglary (F).  The offender has priors for Robbery (F), Assault with a Deadly Weapon (F), and Battery Domestic Violence (M).  Based on the “Violent Offender” definition, this offender may be subject to mandatory retaking requirements under ICAOS Rule 5.103-2. 

a) True

b) False

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Scenario #4I am an officer in the receiving state that is supervising an offender who is currently on probation for Burglary (F).  While under supervision in my state, the offender receives a new conviction for Battery Domestic Violence (M).  Based on the “Violent Crime” definition, this offender may be subject to mandatory retaking requirements under ICAOS Rule 5.103-2. 

a) True

b) False

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Scenario #5

I am supervising a violent offender for another state and have submitted a report of significant violation to the sending state and asked the sending state to retake the offender. The sending state has responded that they are not going to take any action on the offender and to please continue to supervise. The next step is to contact my compact office for assistance.

a) True

b) False22

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Questions