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

Bench Book - 3.8.1 Restitution

As the ICAOS governs the movement of offenders and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court imposing sentence. Further, Rule 4.108 clearly relieves the receiving state of the obligation to collect fines, fees, costs or restitution. A sending state retains exclusive authority – and the obligation – to manage the financial portion of an offender’s sentence. The only obligation imposed on the receiving state is to inform the offender of a default and that the offender failed to comply with the conditions of supervision. See Rule 4.108(b). The actual collection and enforcement of the financial obligation rests with the sending state. Failure to meet financial obligations is a breach of the supervision agreement and can result in the sending state retaking the offender and revoking probation or parole. See, e.g., Gelatt v. County of Broome, 811 F.Supp. 61 (N.D.N.Y. 1993) (decided on other grounds).