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

Rule 5.110 - Retaking offenders from local, state or federal correctional facilities

(a) Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that–

  1. No detainer has been placed against the offender by the state in which the correctional facility lies; and
  2. No extradition proceedings have been initiated against the offender by a third–party state.

History: Adopted November 4, 2003, effective August 1, 2004.

References

Definitions

Click terms below to reveal definitions used in this rule.

Detainer – means an order to hold an offender in custody.

Extradition – means the return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution. 

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. 

Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a 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.