106-ICAOS Training
Probable Cause Process
Rule 5.108
[Revision 1/1/2016-Includes Rules Effective March 1, 2016]
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 Significant Violations
• 105-Mandatory Retaking for New Violent or
Felony Crimes & Absconders apprehended in
the Receiving State
• 106-Probable Cause Hearings
Training Objectives
• When a Probable Cause Hearing is
required/not required
• Responsibilities at a Probable Cause
Hearing
• Report Requirements/Results
• When Probable Cause is found/not found
Authority for a Probable Cause
Hearing
• Morrisey vs. Brewer 408 U.S. 471 (1972)
(parole)
• Gagnon vs. Scarpelli 411 U.S. 778 (1973)
(probation)
U.S. Supreme Court cases associated with
probable cause hearings and
probation/parole violations.
4
When a Compact Offender is
Entitled to a PC Hearing
1. Custodial detention based on violations
–
initiated by either the receiving or sending state
2. Violations committed in receiving state may
form basis for revocation of supervision
3. Absconder apprehended in the receiving state
– Authority to Arrest and Detain Rule 4.109-1
– Warrant from Sending State
Absconder Apprehended in the
Receiving State
• Sending state may require a PC Hearing
when absconding offender is picked up in
receiving state.
– Upon a finding of probable cause the sending state
shall retake the offender from the receiving state.
Sending State shall keep its
warrant and detainer in place
When an Offender is not
Entitled to a PC Hearing
• No intention for revocation by the sending
state
• New conviction
– Rule 5.102
Purpose of a Probable Cause
Hearing
1) To test the sufficiency and evidence of
the alleged violations, and
2) To make a record for the sending state to
use in subsequent revocation
proceedings.
A Probable Cause Hearing is
Required, Now What?
Entitlements of Offenders at
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
Rule 5.108
Rights of Offenders at Probable
Cause Hearing
• Written notice of the alleged violation(s) of conditions
imposed by either the sending or receiving state
– Rule 4.103-requires notification of conditions imposed
• Disclosure of non-privileged or non-confidential evidence
• The opportunity to be heard in person, present witnesses
and evidence
• The opportunity to confront and cross-examine adverse
witnesses, unless the hearing officer determines that a
risk of harm to a witness exists
Right to consult with legal counsel per Benchbook
Rule 5.108
Report Requirements
Within 10 business days of the hearing the receiving state
shall send a written report including:
– The date, time and location of the hearing.
– Parties present at the hearing.
– A clear and concise summary of the testimony taken.
– Evidence relied upon in rendering the decision, to
include the decision that PC was found or not.
– PC found on which conditions or violations admitted
to.
• If PC is found and the sending state has not been notified of the
condition(s), they are not obligated to act on that violation(s).
Even if the offender is exonerated after the probable cause hearing,
the receiving state must transmit the report to the sending state.
Rule 5.108
Waiver of Probable Cause
Hearing
• No waiver of a PC Hearing shall be
accepted unless accompanied by an
admission to one or more significant
violations.
Rule 5.108
Add PC Information
• Addendum to Violation Report
– Add PC information
After the PC Hearing…
If Probable Cause is established,
Receiving State
Sending State
SHALL hold the offender in custody
If not in custody, the offender is
taken into custody at this time
Notify the receiving state of the
decision to retake within 15
business days of receipt of the
report
SHALL retake offender within 30
calendar days once offender is in
custody solely held on the sending
state’s warrant
After the PC Hearing…
If Probable Cause is NOT established,
Receiving State
Sending State
• Notify the sending state to vacate
the warrant
• Vacate the receiving state’s
warrant
• Release the offender back to
supervision within 24 hours of the
hearing if the offender is in custody
• Continue Supervision
• Vacate the sending
state’s warrant
Denial of Bail or other
Release Conditions
An offender against whom retaking
procedures have been instituted by a
sending or receiving state shall not be
admitted bail or other release conditions in
any state.
Rule 5.111
Case Closure
• Once the offender is retaken by the
sending state a Case Closure Notice
needs to be completed in ICOTS.
Cost Responsibilities
Associated with Retaking
Sending State
Costs incurred to remove an
offender from the receiving state
Receiving State
Cost to detain the offender
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
1. The receiving state submitted a violation report
for conviction of a offense which included a
copy of the court order. The sending state
requests a probable cause hearing. Under the
rules of the compact the receiving state is not
required to conduct the probable cause hearing
for this case.
a) True
b) False
Scenario #2
2. Anyone in the receiving state can
conduct a probable cause hearing,
including the supervising agent.
a) True
b) False
Scenario #3
3. The receiving state sends a violation report
asking the sending state to return their
offender, however it is not a mandatory retake.
The sending state responds by asking for a
probable cause hearing but also indicates they
have no intention of revoking the offender. The
receiving state is still required to do the
probable cause hearing because the sending
state requested it.
a) True
b) False
Scenario #4
4. The sending state receives the probable cause
hearing results from the receiving state but it
does not include a summary of the testimony,
the date and time of the hearing or the
evidence relied on to make the decision. The
probable cause hearing results are valid and
the sending state must move forward with
retaking/returning the offender.
a) True
b) False
Scenario #5
5. The sending state receives the results of
a probable cause hearing with probable
cause found on a special condition which
the sending state was not notified. The
sending state can refuse to take any
action on those findings.
a) True
b) False
Questions