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Bench Book - 4.5 Discretionary Disposition of Violation

As previously discussed, Rule 5.102 requires the sending state to retake an offender for a new felony or violent crime conviction after the offender’s release from incarceration for the new crime. This may result in a considerable amount of time between when the crime occurs when the term of incarceration concludes and when the sending state retakes the offender and has the opportunity to impose its sanction for the violation for a new crime conviction occurring in another state.

Rule 5.101-2 provides a discretionary process for a sending state to timely dispose of a violation for a new crime conviction occurring outside the sending state. This process is limited to offenders incarcerated for the new conviction, and the sentence for the new crime may satisfy or partially satisfy the sentence imposed for the violation. This requires the approval of the sentencing authority or releasing authority and consent of the offender. At its own expense, the sending state is required to establish procedures for conducting the violation hearing electronically or in-person and provide hearing results to the receiving state. If the sentence for the new crime fully satisfies the sentence for the violation imposed, the sending state is no longer required to retake if Rules 5.102 and 5.103 apply. See Rule 5.101-2.



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.