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

Bench Book - 4.6 Arrest of Absconders

Upon receipt of a violation report for an absconding offender, a sending state must issue a national arrest warrant on notification that the offender has absconded. If the absconding offender is apprehended in the receiving state, the sending state shall file a detainer with the holding facility where the offender is located. See Rule 5.103-1. Further, the receiving state shall, upon request by the sending state, conduct a probable cause hearing as provided in Rule 5.108. It is important to note, probable cause hearings should occur if the sending state intends to terminate supervised release and incarcerate the offender.

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.

Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender‘s parole or probation.

Warrant – means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law enforcement to arrest an offender. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.