ICAOS Rules 4.111(e) and 5.103(c) require the sending state to issue a warrant when a supervised individual fails to return to the sending state as ordered. The warrant must be issued within fifteen (15) business days after the individual’s failure to appear. Although the rules do not expressly define such an individual as an “absconder,” the failure to return as directed is treated procedurally in a manner similar to absconding for purposes of warrant issuance and retaking.
It should also be noted that the compact does not create a federal due process right requiring the sending state to immediately execute a warrant or conduct revocation proceedings upon issuance. Consistent with longstanding Supreme Court precedent, a supervised individual is not entitled to compel the timing of revocation proceedings until taken into custody under the warrant. See Moody v. Daggett, 429 U.S. 78 (1976).
PRACTICE NOTE