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

Bench Book - 4.9 Revocation or Punitive Action by the Sending State – Conditions

For purposes of revocation or other punitive action, a sending state is required to give the same force and effect to the violation of a condition imposed by the receiving state as if the condition had been imposed by the sending state. Furthermore, the violation of a condition imposed by the receiving state can be the basis of punitive action even though it was not part of the original plan of supervision established by the sending state. Conditions may be imposed by the receiving state at the time of acceptance of supervision or during the term of supervision. See Rule 4.103. For example, if the receiving state imposed a condition of drug treatment at the time of acceptance and the offender violated that condition, the sending state would be required to give effect to that violation even if the condition was not part of the original plan of supervision.

PRACTICE NOTE: The sending state must give effect to the violation of a condition or other requirement imposed by the receiving state, even if the condition or requirement was not included in the original plan of supervision.

References

Definitions

Click terms below to reveal definitions used in this rule.

Plan of Supervision – means the terms under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.

Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.