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Rule 3.103 - Reporting Instructions; Supervised Individual Living in the Receiving State at the Time of Sentencing or After Disposition of a Violation or Revocation Proceeding

(a)

  1. A request for reporting instructions for a supervised individual who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of the initial sentencing date, disposition of violation, revocation proceeding or release from incarceration to probation supervision. The sending state may grant a 7 day travel permit to a supervised individual who was living in the receiving state at the time of initial sentencing or disposition of violation or revocation proceeding. Prior to granting a travel permit, the sending state shall verify that the supervised individual is living in the receiving state. 
  2. The receiving state shall issue reporting instructions no later than 2 business days following receipt of such a request from the sending state. 
  3. The sending state shall ensure that the supervised individual signs all forms required under Rule 3.107 prior to granting a travel permit. Upon request from the receiving state, the sending state shall transmit all signed forms within 5 business days. 
  4. The sending state shall transmit a departure notice to the receiving state per Rule 4.105. 
  5. This section is applicable to supervised individuals incarcerated for 6 months or less and released to probation supervision.

(b) The sending state retains supervisory responsibility until the supervised individual’s arrival in the receiving state. 

(c) A receiving state shall assume responsibility for supervision of a supervised individual who is granted reporting instructions upon arrival in the receiving state. The receiving state shall submit an arrival notice to the sending state per Rule 4.105. 

(d) A sending state shall transmit a completed transfer request for a supervised individual granted reporting instructions no later than 15 business days following the granting of reporting instructions.

(e) If the receiving state rejects the transfer request for a supervised individual who has been granted reporting instructions and has arrived in the receiving state, the receiving state shall initiate the supervised individual’s return to the sending state under the requirements of Rule 4.111. 

(f) If the sending state fails to send a completed transfer request by the 15th business day for a supervised individual who has been granted reporting instructions and has arrived in the receiving state, the receiving state may initiate the supervised individual’s return to the sending state under the requirements of Rule 4.111.

References:
ICAOS Advisory Opinions
3-2007 [If the investigation has not been completed, reporting instructions are required to be issued as provided in Rule 3.103(a). Upon completion of investigation, if the receiving state subsequently denies the transfer on the same basis or upon failure to satisfy any of the other requirements of Rule 3.101, the provisions of Rule 3.103(e)(1) and (2) clearly require the offender to return to the sending state or be retaken upon issuance of a warrant]

History: Adopted November 4, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended October 4, 2006, effective January 1, 2007; amended September 26, 2007, effective January 1, 2008; editorial change effective February 17, 2008; amended August 28, 2013, effective March 1, 2014; amended October 7, 2015, effective March 1, 2016, amended September 11, 2024, effective November 1, 2024

References

Definitions

Click terms below to reveal definitions used in this rule.

Supervised Individual – means an “offender” defined by Article II of the Interstate Compact for Adult Offender Supervision as an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the Compact.

Receiving State – means a state to which a supervised individual requests transfer of supervision or is transferred.

Reporting Instructions – means the orders given to a supervised individual by a sending or receiving state directing the individual to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the supervised individual is directed to report in the receiving state.

Sending State – means a state requesting the transfer of a supervised individual, or which transfers supervision of a supervised individual, under the terms of the Compact and its rules.

Shall – means that a state or other actor is required to perform an act, the nonperformance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.

Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual 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 supervised individual at the time of release to the community or during the period of supervision in the community.

Travel Permit – means the written permission granted to a supervised individual authorizing the travel from one state to another.

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 a supervised individual. 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.

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