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Bench Book - 4.6.1 Arrest of Absconders Who Fail to Return to Return to Sending State as Ordered

ICAOS Rules 4.111 and 5.103 also require sending states to issue nationwide arrest warrants for absconders who fail to return to the sending state in no less than ten (10) business days. Warrant requirements apply to offenders who fail to return to the sending state when ordered to do so anytime the offender returns from the receiving state while subject to supervision. See Rules 4.111 & 5.103(c). The offender’s failure to comply and return to the sending state as instructed results in the issuance of a nationwide arrest warrant “effective in all Compact member states, without limitation as to the specific geographical area.” Id. Absconders are subject to arrest in all Compact member states, not only the receiving state and sending state. When read in conjunction with Rule 5.111 (Denial of bail to certain offenders), any Compact member state is obligated to arrest and detain absconding offenders. Based upon the provisions of Rule 5.101 (b), Compact offenders who abscond and are subsequently arrested, detained and returned to the sending state have no federal due process rights to compel a state authority to issue a parole violation warrant, file or hear a petition to revoke, or reach a disposition of his parole at a given time.

PRACTICE NOTE: Admission to bail or other release of an absconding offender subject to an arrest warrant issued by the sending state is strictly prohibited in any state that is a member of the Compact, regardless of whether that state was the original sending or receiving state. Warrants issued pursuant to any ICAOS rule must be effective in all member states without regard or limitation to a specific geographical area.

References

Definitions

Click terms below to reveal definitions used in this rule.

Abscond – means to be absent from the offender’s approved place of residence and employment; and failing to comply with reporting requirements;

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

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