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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

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 fifteen (15) business days. Warrant requirements apply to supervised individuals who fail to return to the sending state as ordered. See Rules 4.111 & 5.103(c). The supervised individual’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 Supervised Individuals), Compact member states are obligated to arrest and detain absconding supervised individuals. According to Rule 5.101(b), absconding supervised individuals who are arrested, detained, and returned to the sending state do not have federal due process rights to compel state authorities to issue a parole violation warrant, file or hear a petition for revocation, or reach a decision on their parole within a specific timeframe.

PRACTICE NOTE: Admission to bail or other release of an absconding supervised individual 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 supervised individual’s approved place of residence and employment; and failing to comply with reporting requirements;

Detainer – means an order to hold a supervised individual in custody.

Retaking - means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.