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Bench Book - 4.3.1 Violation Reports Requiring Retaking

A receiving state is obligated to report to sending state authorities within 30 calendar days of the discovery or determination that an offender has engaged in behavior requiring retaking. “Behavior requiring retaking” is defined in Rule 1.101 as an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state. The definition of “behavior requiring retaking” has not been judicially construed; however, the language of the rule indicates that “behavior requiring retaking” is determined under the facts and laws of the receiving state. Therefore, it is conceivable that revocable acts or patterns of non-compliant behavior may differ from state-to-state. Moreover, a sending state may be required to retake an offender for violating acts or non-compliant behavior that, had they occurred in the sending state, may not have constituted grounds for revocation.

References

Definitions

Click terms below to reveal definitions used in this rule.

Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state.

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

Substantial Compliance– means that an offender is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state. 

Reference:
ICAOS Advisory Opinion
7-2004 [determining “substantial compliance” when there are pending charges in a receiving state]