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Interstate Commission for Adult Offender Supervision | Ensuring Public Safety for the 21st Century

Rule 3.108 - Victim notification

(a) Notification to victims upon transfer of offenders—Within 1 business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to known victims in the sending state, and the receiving state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to victims in the receiving state.

(b) Notification to victims upon violation by offender or other change in status—

  1. The receiving state is responsible for reporting information to the sending state when an offender–

    (A) Engages in behavior requiring retaking;
    (B) Changes address;
    (C) Returns to the sending state where an offender’s victim resides;
    (D) Departs the receiving state under an approved plan of supervision in a subsequent receiving state; or
    (E) Is issued a temporary travel permit where supervision of the offender has been designated a victim–sensitive matter.

  2. Both the sending state and the receiving state shall notify known victims in their respective states of this information in accordance with their own laws or procedures.

(c) The receiving state shall respond to requests for offender information from the sending state no later than the 5th business day following the receipt of the request.

History: Adopted November 4, 2003, effective August 1, 2004; amended September 14, 2016, effective June 1, 2017.

References

Definitions

Click terms below to reveal definitions used in this rule.

Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision. 

Reporting Instructions – means the orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state.

Sending State – means a state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.

Subsequent Receiving State – means a state to which an offender is transferred that is not the sending state or the original receiving state.

Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.

Temporary Travel Permit – means, for the purposes of Rule 3.108 (b), the written permission granted to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising state for more than 24 hours but no more than 31 calendar days. A temporary travel permit shall include a starting and ending date for travel.

Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of an offender.

Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of offender’s movement to the sending state as specified in Rules 3.108 and 3.108-1