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Rule 4.111 - Supervised Individuals Returning to the Sending State

(a) For a supervised individual returning to the sending state, the receiving state shall request reporting instructions, unless the individual is under active criminal investigation or is charged with a subsequent felony or violent crime in the receiving state. The receiving state shall provide the sending state with the reason(s) for the return. The supervised individual shall remain in the receiving state until receipt of reporting instructions.

(b) If the receiving state rejects the transfer request for a supervised individual who has arrived in the receiving state with approved reporting instructions under Rules 3.101-1, 3.101-3, 3.103 or 3.106, the receiving state shall, upon submitting notice of rejection, submit a request for return reporting instructions within 7 business days, unless Rule 3.104 (b) or (c) applies or if the location of the individual is unknown, conduct activities pursuant to Rule 4.109-2.

(c) The sending state shall grant the request no later than 2 business days following receipt of the request for reporting instructions from the receiving state. The instructions shall direct the supervised individual to return to the sending state within 15 business days from the date the request was received.

(d) The receiving state shall provide reporting instructions to the supervised individual and determine the intended departure date. If unable to locate the supervised individual to provide the reporting instructions, the receiving state shall conduct activities pursuant to Rule 4.109-2.

(e) The receiving state retains authority to supervise until the directed departure date or issuance of the sending state’s warrant. Upon departing, the receiving state shall notify the sending state as required in Rule 4.105 (a) and submit a case closure as required by Rule 4.112 (a)(5). The sending state shall notify the receiving state of the supervised individual’s arrival or failure to arrive as required by Rule 4.105 (b) prior to validating the case closure notice.

(f) If the supervised individual does not return to the sending state as ordered, the sending state shall issue a warrant no later than 15 business days following the individual’s failure to appear in the sending state.

History: Adopted November 4, 2003, effective August 1, 2004; amended October 26, 2004, effective day January 1, 2005; amended September 26, 2007, effective January 1, 2008; amended September 14, 2011, effective March 1, 2012; amended October 7, 2015, effective March 1, 2016; amended October 11, 2017, effective March 1, 2018; amended October 9, 2019, effective April 1, 2020; amended September 29, 2021, effective April 1, 2022, 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.

Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of supervised individual’s movement to the sending state as specified in Rules 3.108 and 3.108-1

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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