Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

RULE 5.108-PROBABLE CAUSE HEARING IN RECEIVING STATE - WEST

Drake Greeott

Drake Greeott Photo

Full Name: Drake Greeott

Title: Web Development Manager

Commission Title: Web Development Manager

Role Group: Other

Agency: IT

Unit:

Address:

Colorado

Region:

Office Email: icaos@interstatecompact.org

Email: dgreeott@interstatecompact.org

Office Phone:

Direct Phone: 859-721-1055

Cell/Mobile:

Fax 1:

Fax 2:

Website: https://interstatecommission-my.sharepoint.com/personal/dgreeott_interstatecompact_org/

Note:

Drake Greeott began working with the Interstate Commission for Adult Offender Supervision in 2021. As Web Development Manager, Drake works on developing new web solutions to improve the Interstate Commission for Adult Offender Supervision while focusing on creating the best possible user interface and experience for the Commission. On a daily basis, Drake is changing website content, assisting with the helpdesk tickets, and managing improvements to the Interstate Commission for Adult Offender Supervision website. Drake is a graduate from the Metropolitan State University of Denver where he received a Bachelor of Science in Computer Information System with concentrations in Application Development and International Business.  

Submitted by dgreeott on 5:10pm EDT

RULE 5.108-PROBABLE CAUSE HEARING IN RECEIVING STATE

Rules Committee Recommends Proposal for Adoption

Download PDF

 
(a) An offender subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred.

(b) No waiver of a probable cause hearing shall be accepted unless accompanied by an admission by the offender to 1 or more violations of the conditions of supervision that would result in the pursuance of revocation of supervision in the receiving state and require retaking.

(c) A copy of a judgment of conviction regarding the conviction of a new criminal offense by the offender shall be deemed conclusive proof that an offender may be retaken by a sending state without the need for further proceedings.

(d) The offender shall be entitled to the following rights at the probable cause hearing:

  1. Written notice of the alleged violation(s);
  2. Disclosure of non–privileged or non–confidential evidence regarding the alleged violation(s);
  3. The opportunity to be heard in person and to present witnesses and documentary evidence relevant to the alleged violation(s);
  4. The opportunity to confront and cross–examine adverse witnesses, unless the hearing officer determines that a risk of harm to a witness exists.

(e) The receiving state shall prepare and submit to the sending state a written report within 10 business days of the hearing that identifies the time, date and location of the hearing; lists the parties present at the hearing; and includes a clear and concise summary of the testimony taken and the evidence relied upon in rendering the decision. Any evidence or record generated during a probable cause hearing shall be forwarded to the sending state.

(f) If the hearing officer determines that there is probable cause to believe that the offender has committed the alleged violations of conditions of supervision that would result in the pursuance of revocation of supervision, the receiving state shall may hold the offender in custody, and the sending state shall, within 15 business days of receipt of the hearing officer’s report, notify the receiving state of the decision to retake or other action to be taken.  

(g) If probable cause is not established, the receiving state shall:

  1. Continue supervision if the offender is not in custody.
  2. Notify the sending state to vacate the warrant, and continue supervision upon release if the offender is in custody on the sending state’s warrant.
  3. Vacate the receiving state’s warrant and release the offender back to supervision within 24 hours of the hearing if the offender is in custody.

Justification Provided by Colorado:  

The “shall” requirement in subsection f. of Rule 5.108 is not a requirement of the Supreme Court decision that Rule 5.108 is based upon and it puts some compact member states in violation of the requirement because they have no statutory authority to hold a person in custody pending the decision from the sending state.  Holding an offender in custody following the outcome of a probable cause hearing or signed waiver should be at the discretion of the hearing officer or authority in the receiving state in accordance with local procedures.  Revising the verbiage from “shall” to “may” will still allow states the option to hold an offender in custody.

 

Please login to submit your comment.

Comments

Kelly Palmateer

Kelly Palmateer Photo

Full Name: Kelly Palmateer

Title: Deputy Compact Administrator Probation / Adult Probation

Commission Title: Deputy Compact Administrator Probation / Adult Probation

Role Group: Probation Only

Agency: DCJS

Unit: Office of Probation and Correctional Alternatives

Address: 80 South Swan Street, 3rd Floor, Alfred E. Smith Office Building

Albany, New York 12210

Region: East

Office Email: nyprobisc@dcjs.ny.gov

Email: kelly.palmateer@dcjs.ny.gov

Office Phone:

Direct Phone: 518-485-2398

Cell/Mobile:

Fax 1:

Fax 2:

Website: https://www.criminaljustice.ny.gov/

Note:

Submitted by kpalmateer1 on 3:40pm EDT

New York State is in support of the change proposed to Rule 5.108 – Probable Cause Hearing in Receiving State.  The current language in Rule 5.108 requires a receiving state to take an individual into custody, and to hold the individual in custody, upon determining there is probable cause to believe that the individual committed the alleged violation(s). In most instances, the sending state has not issued a warrant prior to the hearing being conducted and probable cause being found.  Therefore, States without the authority to make warrantless arrests find themselves in violation of the compact rules. The proposed language change from ‘shall’ to ‘may’ will allow states who are able to make warrantless arrests to place an individual in custody if they choose and would excuse a state without those powers from doing so.

Sally Reinhardt-Stewart

Sally Reinhardt-Stewart Photo

Full Name: Sally Reinhardt-Stewart

Title: Deputy Compact Administrator for Parole

Commission Title: Deputy Compact Administrator - Parole

Role Group: Parole & Probation

Agency: Nebraska Board of Parole/Division of Parole Supervision

Unit: Nebraska Interstate Compact Office – Parole

Address: 421 South 9th Street, Suite 220

Heritage Square Bldg, Box 25

Lincoln, Nebraska 68508

Region: Midwest

Office Email: dcs.parolecompact@nebraska.gov

Email: sally.reinhardt-stewart@nebraska.gov

Office Phone: 402-479-5771

Direct Phone: 402-479-5768

Cell/Mobile:

Fax 1: 402-479-5804

Fax 2:

Website:

Note:

Sally Reinhardt-Stewart is the Compact Commissioner for the state of Nebraska, having been appointed in October 2020. She also serves as the Deputy Compact Administrator for Parole, having been appointed in August 2009. She has been a member of the ICAOS Training, Education, & Public Relations Committee since 2014 and is also a member of the ICAOS Compliance Committee.

 

She began her career in Nebraska Corrections in 1984, serving as an assistant to the Director for nearly 22 years. From mid-1998 to June 2006, she served as the Department’s Legislative Liaison. She accepted a position with the Washington Department of Corrections as Special Assistant to the Secretary and was with that Agency from June 2006 until March 2008, serving as the Agency’s Legislative Liaison and as Constituent Services contact with the Legislature. She returned to Nebraska Corrections in May 2008 and in October of that year joined the Parole Compact Office at the time the new Interstate Compact Offender Tracking System (ICOTS) was implemented. In July 2016, Parole was placed under the authority of the Nebraska Board of Parole as a result of legislation that passed in 2015.

 

Ms. Reinhardt-Stewart is a member of the American Correctional Association (ACA) and was a recipient of an Excellence in Leadership Award for the state of Nebraska in 2018. Sally is a graduate of Kansas City Business College.

Submitted by Sally Reinhard… on 12:29pm EDT

This Rule Amendment was discussed with Nebraska's State Council on 4-21-2023 and some issues were raised that the Council wishes to bring to the Rule Committee's attention for consideration:

(1) Clarify who in the receiving state determines the "may".  The Justification states that holding an offender in custody following the outcome of a probable cause hearing or signed waiver should be at the discretion of the hearing officer or authority in the receiving state in accordance with local procedures.  Without providing clarification of who the "authority" refers to in the receiving state may leave it open to interpretation as to who makes this determination.

(2) Should it apply to those states whose laws are in conflict with the Rule?

Tanja Gilmore

Tanja Gilmore Photo

Full Name: Tanja Gilmore

Title: Deputy Compact Administrator

Commission Title: Deputy Compact Administrator

Role Group: Parole & Probation

Agency: Department of Corrections - CCD

Unit: Interstate Compact Unit (ICU)

Address: P.O. Box 41126

Olympia, Washington 98504-1126

Region: West

Office Email: interstateassign@doc1.wa.gov

Email: tlgilmore@doc1.wa.gov

Office Phone: 360-725-8736

Direct Phone: 360-790-1013

Cell/Mobile:

Fax 1: 360-586-2192

Fax 2:

Website:

Note:

Ms. Gilmore graduated Southeast Missouri State University in 1990 with a B.S. in Criminal Justice and minor in Psychology. Upon graduation she became employed in her native Missouri Bootheel with the Missouri Department of Corrections as a Probation & Parole Officer before transitioning into the substance abuse field where she was a counselor and program facility manager. Ms. Gilmore returned to the Missouri Department of Corrections in 1995 as a PPO Sex Offender Specialist until 2001. While employed as a PPO Sex Offender Specialist, Ms. Gilmore was a staff trainer for Missouri DOC’s CBT Program. During her years of employment in Missouri State Government, Ms. Gilmore was employed by the Division of Family Services and the Department of Rehabilitation. She has several years of experience as a substitute school teacher and became involved with Kids Across America during the summers of 2007, 2008 and 2009. In 2009, she moved to Virginia where she became employed with the Virginia Department of Corrections as a Probation Parole Officer from 2010 through 2015 and held the positions of an ICOTS Officer and a Gang Specialist/Intensive Supervision Officer. During her time with VA DOC, she was a T4C facilitator, completed EPICS, MI and Dialogue training. She is also a graduate from the VA Corridors Program. Ms. Gilmore moved to Walla Walla, Washington in October 2015 where she held the position of CCO2. She accepted the promotion for WA DCA in May, 2016.

Submitted by GilmoreCCO2 on 3:10pm EDT

Washington is in support of the proposal because the current language requires a receiving state to take an individual into custody but not all states have "powers of arrest", so this places them in violation according to the rule language.  Replacing "shall" with "may" resolves this issue.  

Deon McDaniel

Deon McDaniel Photo

Full Name: Deon McDaniel

Title: Commissioner / Compact Administrator

Commission Title: Commissioner / Compact Administrator

Role Group: Parole & Probation

Agency: NV DPS Parole and Probation

Unit: Division of Parole and Probation

Address: 215 E. Bonanza Rd.

Las Vegas, Nevada 89101

Region: West

Office Email: LVNVISC@dps.state.nv.us

Email: dmcdaniel@dps.state.nv.us

Office Phone:

Direct Phone: 702-486-9887

Cell/Mobile:

Fax 1:

Fax 2:

Website:

Note:

Deon McDaniel is a graduate of the University of Nevada Reno, with a Bachelor of Science in Human Ecology.  He has 22 years of experience in law enforcement. From 2000 - 2008, he served as a parole and probation officer.  From 2008 - 2016, he served as a sergeant.  From 2016 - 2022, Deon served as a Lieutenant at Nevada Highway Patrol and Nevada Parole and Probation.  He recently promoted to the rank of Captain in October 2022, and oversees the Interstate Compact, Sex Offender, and Specialty Court Units. Deon formally served as Nevada’s Deputy Compact Administrator from 2016 - 2020.

Submitted by dmcdaniel@dps… on 7:00pm EDT

Nevada supports the language change as it will allow for more flexibility to recall offenders who may not be a public safety risk, but violations may still constitute a return to the sending state for adjudication.  This will allow for institutions to have a significant cost savings by not having to provide unnecessary housing. Additionally, this will allow for the offender to make arrangements for their return to the sending state. 

LaShonda Lee-Campbell

LaShonda Lee-Campbell Photo

Full Name: LaShonda Lee-Campbell

Title: Deputy Compact Administrator

Commission Title: Deputy Compact Administrator

Role Group: Parole & Probation

Agency: Division of Parole & Probation

Unit: Interstate Compact Unit

Address: 3027 E. Madison Street;

Baltimore, Maryland 21205

Region: South

Office Email: interstate.compactunit1@maryland.gov

Email: lashonda.lee-campbell@maryland.gov

Office Phone: 410-537-7304

Direct Phone: 410-537-7304

Cell/Mobile:

Fax 1: 410-764-4230

Fax 2:

Website:

Note:

Submitted by llee@dpscs.md on 12:45pm EDT

Maryland supports the proposal to change the language in Rule 5.108(f) from shall to may.  

Ashley Erlenbush

 

Full Name: Ashley Erlenbush

Title: Parole: Supervised Individuals R-Z

Commission Title: Parole: Supervised Individuals R-Z

Role Group: Parole Only

Agency: Illinois Department of Corrections

Unit: Illinois Interstate Compact

Address: P.O. Box 19277 1301 Concordia Court

Spingfield, Illinois 62794-9277

Region: Midwest

Office Email: Doc.InterstateCompact@illinois.gov

Email: ashley.erlenbush@illinois.gov

Office Phone: 217-588-5625

Direct Phone: 217-558-200x5109

Cell/Mobile:

Fax 1:

Fax 2:

Website:

Note:

Submitted by AErlenbush on 3:44pm EDT

<p>Illinoi supports the proposed language change for Rule 5.108(f) from shall to may.</p>

Suzanne Brooks

Suzanne Brooks Photo

Full Name: Suzanne Brooks

Title: Deputy Compact Administrator

Commission Title: Deputy Compact Administrator

Role Group: Parole & Probation

Agency: Department of Corrections

Unit: Interstate Compact

Address: 4545 Fisher Road

Suite D

Columbus, Ohio 43228

Region: Midwest

Office Email: ohio.compact@drc.ohio.gov

Email: suzanne.brooks@drc.ohio.gov

Office Phone: 614-387-0809

Direct Phone: 614-752-0829

Cell/Mobile:

Fax 1: 614-752-1822

Fax 2:

Website:

Note:

Over the past 6 years, Suzanne has served as the DCA for Ohio. Through that time, she has worked tirelessly to educate officials throughout her state and improve Ohio’s compliance rate; and, she has been an active voice and participant on the ABM Workgroup and Compliance Committees. Suzanne’s enthusiasm and generosity have earned the respect of staff, Commissioners, and her peers. She received the 2020 Executive Director's Award from the Commission.

Submitted by suzanne.brooks on 8:35am EDT

While Ohio understands that states may not have arrest authority, I don't believe that this is the solution to that problem. Allowing increased flexibility can lead to potential abuse of the rule as originally intended. The intent for an OVR as BRR is indicative that behavior rises to the level of revocation in your state. If you are unable/unwilling to house a violator in custody after PC is established, it calls into question the legitimacy of the public safety concerns surrounding the individual. Most states have a hard enough time holding offenders in custody as it is and adding language that makes it easier for a jail to dispute holding someone in custody can lead to unintended consequences. 

Judy Mesick

Judy Mesick Photo

Full Name: Judy Mesick

Title: Commissioner

Commission Title: Commissioner

Role Group: Parole & Probation

Agency: Idaho Dept. of Correction, Interstate Compact Office

Unit: 1299 North Orchard, Suite 110

Address:

Boise, Idaho 83706

Region: West

Office Email: iscidaho@idoc.idaho.gov

Email: judy.mesick@yahoo.com

Office Phone:

Direct Phone: 208-658-2120

Cell/Mobile: 208-250-7018

Fax 1: 208-327-7424

Fax 2:

Website:

Note:

Judy Mesick has been working in the Corrections field for 21 years and has worked in Interstate Compact for 20 years serving. Judy has been the Deputy Compact Administrator for the Idaho Department of Correction for 16 years. Besides her duties as DCA, Judy also supervises the Limited Supervision Unit which was mandated by Justice Re-investment. She supervises two Interstate Compact Coordinators, 3 Probation/Parole officers and 2 Tech Rec II positions. She conducts annual trainings with judges, PA&rsquo;s, DA&rsquo;s, and Felony and Misdemeanor P&P officers.

Submitted by jmesick on 10:48am EDT

Idaho agrees with Ohio, the language should not be changed as this gives way to community safety issues on the cases that we are requesting PC Hearings. Idaho only holds PC Hearings if the sending state requests or if the Idaho officer feels the probationer/parolee is a threat to the community and PC findings per Rule 5.108 (f) allow for holding until the sending state retakes.

Cindy Stout

Cindy Stout Photo

Full Name: Cindy Stout

Title: Deputy Compact Administrator / Director

Commission Title: Deputy Compact Administrator / Director

Role Group: Parole & Probation

Agency:

Unit:

Address:

Texas

Region: South

Office Email: texas.interstate@tdcj.texas.gov

Email: cynthia.stout@tdcj.texas.gov

Office Phone: 512-406-5990

Direct Phone: 512-406-5989

Cell/Mobile:

Fax 1:

Fax 2:

Website:

Note:

I have over 25 years of experience in the criminal justice field, including 22 years with the Texas Department of Criminal Justice. I have held a variety of positions within the Parole Division, including parole officer, unit supervisor, program specialist in Internal Review and Training, and parole officer IV in the Super-Intensive Supervision Program. My most recent role was Warrants Section assistant section director, where I helped transform and lead our electronic monitoring programs. I earned my bachelor’s degree in social work from Southwest Texas State University in San Marcos, Texas.

Submitted by CST_7287 on 12:58pm EDT

Texas supports the proposed language. It allows flexibility and still permits the receiving jurisdiction to issue a warrant for public safety concerns, however we look forward to more discussion on the topic.

Katrina Ransom

Katrina Ransom Photo

Full Name: Katrina Ransom

Title: Superintendent

Commission Title: Commissioner / Compact Administrator

Role Group: Parole & Probation

Agency: Adult Parole Authority

Unit:

Address: 4545 Fisher Road

Suite D

Columbus, Ohio 43228

Region: Midwest

Email: katrina.ransom@drc.ohio.gov

Office Phone: 614-387-0809

Direct Phone:

Cell/Mobile:

Fax 1:

Fax 2:

Website:

Note:

Katrina Ransom started with the Adult Parole Authority as a Parole Officer in Delaware County in 1994. She went on to hold several positions within the Division of Parole and Community Service to include Parole Supervisor, Deputy Superintendent, Deputy Compact Administrator, Regional Administrator and most recent position Superintendent. Prior to starting with the Adult Parole Authority, Ransom worked for Alvis, a halfway house that serves adult male and female returning citizens in Columbus, Ohio.

 

She retired from the Ohio Air National Guard with 21 years of service in September 2011.

 

She received her bachelor’s degree from Ohio University in Criminology in 1992.

Submitted by KRansom on 2:32pm EDT

I have concerns with giving discretion on whether violators should be held in-custody in the receiving state.  What if the sending/receiving state disagrees on location of the supervisee?  Who will decide that the supervisee will be held in custody?    If the receiving state releases someone that the sending state wants to extradite, will the receiving state be required to place the person in custody?  How would it look if the receiving state is unable or unwilling to locate the person that needs to be in extradited?  The change from shall to may will have an effect on extraditing people.  The current language gives some teeth to the compact office staff on enforcing the custody of supervisees with local authorities that don't want to house people that should be held in custody.   The change will open the flood gates for jails to refuse to house compact supervisees which will make it more difficult for compact staff.  

Alyssa Miller

Alyssa Miller Photo

Full Name: Alyssa Miller

Title: Deputy Compact Administrator

Commission Title: Deputy Compact Adminstrator

Role Group: Parole & Probation

Agency: Department of Corrections

Unit: Interstate Compact

Address: 3100 Railroad Avenue

Bismarck, North Dakota 58501

Region: Midwest

Office Email: icompact@nd.gov

Email: alyssa.miller@nd.gov

Office Phone:

Direct Phone: 701-328-6193

Cell/Mobile:

Fax 1: 701-328-6651

Fax 2:

Website:

Note:

Alyssa Miller began her career with the North Dakota Department of Corrections and Rehabilitation in 2013 after graduating from Minot State University with a bachelor’s degree in Criminal Justice.  Alyssa has earned an array of experience as she has worked administratively as well as directly with youth and adults within the ND DOCR.


In 2015, Alyssa obtained her Peace Officer License at the North Dakota Law Enforcement Training Academy and relocated to Devils Lake, ND where she took-on the role of the Parole and Probation Officer II.  In 2016, Alyssa moved back to the Bismarck/Mandan area and transferred to the North Dakota Youth Correctional Center where she worked as a Juvenile Corrections Institutional Case Manager. Alyssa became the Deputy Compact Administrator for the State of North Dakota in 2019.

 

Submitted by Alyssa Miller on 3:01pm EDT

ND presented the Rule Proposal to our State Council and several issues were identified:

Giving the option to not arrest and not hold clients after probable cause is found takes away the authority used to hold a client pending retaking.

If a client is not brought into custody and we send our transport unit to complete the retaking, how will sending states be assured they will be able to retake?  There is no mention in the proposal regarding the receiving states responsibility to ensure the person is available for retaking.  A key component to the retaking process is knowing where to send our transport unit, with peace of mind they will be there.  If they are not where they say they are, whose responsibility is it to “locate” the person to take them into custody at that time.

With the increased cost of retaking we can’t afford to send staff with the potential of not being able to retake and waste resources.

Issues with “discretion” – how do you allow that type of discretion when each state/office/district is run so differently.

Jordan McKinley

Jordan McKinley Photo

Full Name: Jordan Nelson McKinley

Title: Deputy Compact Administrator

Commission Title: Deputy Compact Administrator

Role Group: Parole & Probation

Agency: Department of Corrections - Records & Interstate Compact

Unit: Interstate Compact Office

Address: 1409 Greenbrier St.

Charleston, West Virginia 25311

Region: South

Office Email: DCRICOTS@wv.gov

Email: Jordan.N.McKinley@wv.gov

Office Phone: 304-558-2036

Direct Phone:

Cell/Mobile:

Fax 1:

Fax 2:

Website:

Note:

Jordan started his career at the South-Central Regional Jail as a Correctional Officer I in 2005. In April of 2010, he received his bachelor’s degree in Criminal Justice from the Liberty University. Upon completion of his degree, in 2011, he started working as Probation and Parole Officer I in the Beckley Parole Office. He moved up in the ranks of Parole and was selected as the Parole Officer 2 for Region 2. In June of 2021, he accepted the position of Deputy Interstate Compact Commissioner with the State of West Virginia.

Submitted by Jordan23 on 3:16pm EDT

WV Agrees with the State of Ohio, changing this language here although it would give flexibility it would open the floodgates for those jails or local authorities to resist not following the ICOTS Rules now by NOT holding the offender until the process has been completed. This language gives the compact staff and DCA the necessary teeth to enforce the compact and the spirit of the compact in regards to the number one thing that compact was meant or designed for which is public safety and the safety of the victims of the crimes in which they are being placed under supervision for.