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Interstate Commission for Adult Offender Supervision | Ensuring Public Safety for the 21st Century

Rule 5.101 - Discretionary retaking by the sending state

(a) Except as required in Rules 5.101-15.1025.103 and 5.103-1 at its sole discretion, a sending state may order the return of an offender.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to the offender to return. The receiving state shall request return reporting instructions under Rule 4.111.  If the offender does not return to the sending state as ordered, then the sending state shall issue a warrant no later than 30 calendar days following the offender’s failure to appear in the sending state. 

(b)  Except as required in Rules 5.101-1, 5.102, 5.103 and 5.103-1 at its sole discretion, a sending state may retake an offender via warrant.  The sending state must notify the receiving state within 15 business days of the issuance of their warrant.  The receiving state shall assist with the apprehension of the offender and shall notify the sending state once the offender is in custody on the sending state’s warrant. 

References:
ICAOS Advisory Opinions

13-2006 [Retaking of an undocumented immigrant is at the sole discretion of the sending state unless the offender comes within the exceptions provided in Rule 5.102]

History: Adopted November 4, 2003, effective August 1, 2004; amended September 26, 2007, effective January 1, 2008; amended October 13, 2010, effective March 1, 2011; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020

References

Definitions

Click terms below to reveal definitions used in this rule.

Offender – means 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 provisions of the Interstate Compact for Adult Offender Supervision. 

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

Sending State – means a state requesting the transfer of an offender, or which transfers supervision of an offender, 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 an offender for a period of time determined by a court or releasing authority, during which time the offender 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 offender at the time of the offender’s release to the community or during the period of supervision in the community.