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Bench Book - 3.3.1.2 Reporting Instructions for Probationers Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding

The Commission adopted Rule 3.103 to address situations where individuals, upon sentencing, live in the receiving state and need to relocate before acceptance and receiving reporting instructions. This rule permits a supervised individual who is residing in the receiving state at the time of initial sentencing or following the disposition of a violation or revocation proceeding to receive reporting instructions. This allows them to live in the receiving state while awaiting the transfer of supervision. The rule specifically applies only to those supervised individuals who are already living in the receiving state.

The sending state may grant a seven-day travel permit to a supervised individual subject to Rule 3.103; and, the receiving state must issue reporting instructions no later than two days after receiving the sending state’s request. See Rule 3.103. (Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) business days and travel permits for ‘sex offenders’ shall not be provided until reporting instructions are issued). While a supervised individual living in the receiving state would meet the eligibility requirements for reporting instructions under Rule 3.103, the receiving state may deny the transfer if the investigation reveals the individual does not satisfy the prerequisites of Rule 3.101, including not meeting the definition of resident as defined by the Compact rules. In the event of such a denial, the provisions of Rule 3.103(e) clearly require the supervised individual to return to the sending state or be retaken upon issuance of a warrant. See ICAOS Advisory Opinion 3-2007.

References

Definitions

Click terms below to reveal definitions used in this rule.

Reporting Instructions – means the orders given to a supervised individual by a sending or receiving state directing the individual 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 supervised individual is directed to report in the receiving state.

Advisory Opinions