ICAOS Jail Administrator
Presentation
Presented by:
[Revision 5/18/2012]
Purpose of ICAOS
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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– or if release date has been withdrawn or denied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:
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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