ICAOS Mini Training
Rule 5.102
Mandatory Retaking
Felony or Violent Crimes
&
Rules 4.109-2 & 5.103-1 Absconders
Presented by: Training Committee
[Revision 3/1/2014]
Be Ready for a Test at the End.
Training Objectives
Define “Warrant”
What triggers Rule 5.102?
• Define “Violent Crime”
• Conviction for a new violent crime
• Conviction for a new felony offense
What triggers Rule 4.109-2 & 5.103-1 ?
• Define “Abscond”
• 3 Elements of “absconding”
“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 with no bond amount set.
“Violent Crime” Definition
• “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
Mandatory Retake for a
New Felony or Violent Crime
• Upon the request of the receiving state, the
sending state shall issue a warrant and retake:
– after notice an “offender” has been convicted of
a new felony offense OR “violent crime”
Rule 5.102
“Upon a Request of the
Receiving State….”
• Receiving State:
– Has exhausted options
– No longer a good “plan of supervision”
The receiving state may notify using a
Progress Report when not asking for retake.
“Abscond” Definition
• “Abscond” means to be absent from the
offender’s approved place of residence or
employment and avoiding supervision
Three Elements of Absconding
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.
Rule 4.109-2
Absconder Violation Responsibilities
Receiving State
Sending State
• Submit Violation Report
• Submit Case Closure
• Issue Warrant upon receipt
• Respond to Violation Report
• Validate Case Closure
• Offender apprehended in
receiving state
• Conduct Probable Cause
Hearing if requested
• File detainer when in custody
• Pending retaking, warrant
MUST remain in place
The Violation Report
In ICOTS
Violation Reports
• Submit within 30 days of discovery
• Must attach supporting documentation
Abscond Example
New Conviction Example
Recommendations
Recommendation must be:
Warrant should be issued.
Response to Violation
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 date
Rule 4.109
When the RS Closes the Case
in ICOTS
• Under Rule 5.102, 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
Rule 4.112
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
To invoke retaking under Rule 5.102, the
offender must be convicted of either a new
felony offense or violent crime (felony or misd.)
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
In order to invoke Rule 5.102, a receiving state
must report a new felony or violent crime
conviction within:
a)
b)
c)
d)
15 business days of discovery
30 calendar days of discovery
60 calendar days of discovery
No time limit, Receiving state can report when
they no longer wish to supervise the offender.
Scenario #4
I am an officer in the receiving state that is
supervising an offender who is currently on
probation for Possession of Controlled
Substance (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
5.102.
a) True
b) False
Scenario #5
• The sending state must respond to a
violation report within:
a) 2 business days
b) 10 business days
c) 30 calendar days
d) 120 calendar days
Questions