4.109-2 - Absconding Violation

(a) If there is suspicion that a supervised individual has absconded, the receiving state shall make reasonable efforts to locate the individual. Reasonable efforts shall include, but are not limited to documented attempts to contact the individual, detailing the dates, times, methods used and outcomes of each attempt, including:

1. Attempts to locate the individual at their last known place of residence; 

2. Contacting the individual’s employer and/or school, if applicable; 

3. Contacting the community agencies providing services to the individual; 

4. Contacting known family members and collateral contacts, including those identified in the original transfer request; and 

5. Conducting record checks utilizing available databases to assist in locating the individual.

(b)    If the supervised individual is not located after 30 calendar days of the start of the investigation, the receiving state shall submit a violation report pursuant to Rule 4.109 Violation Report(s) Requiring Retaking, subsections (b)(8).

(c)    The receiving state may forgo subsection (b) and immediately submit a violation report to the sending state for the following extenuating circumstances: 

1. The individual is alleged to have committed a new criminal offense of a violent, sexual, or serious nature; 

2. The individual has fled the apprehension of law enforcement or escaped detention; 

3. The individual has removed an electronic monitoring/GPS device; or

4. The individual has a documented history of violent behavior, escalating violations, or is a clear risk to victim safety.

(d)    Within 15 business days of receiving a violation report for an absconded supervised individual, the sending state shall issue a warrant.  

(e)    If the supervised individual is apprehended within the receiving state, the sending state shall file a detainer with the holding facility where the individual is in custody.
 

History: Adopted October 13, 2010, effective March 1, 2011; amended October 9, 2019, effective April 1, 2020, amended September 11, 2024, effective November 1, 2024; amended October 1, 2025, effective April 1, 2026