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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Rule 5.107 - Officers Retaking a Supervised Individual

(a) Officers authorized under the law of a sending state may enter a state where the supervised individual is found and apprehend and retake the individual, subject to this compact, its rules, and due process requirements.

(b) The sending state shall be required to establish the authority of the officer and the identity of the supervised individual to be retaken.

References:
ICAOS Advisory Opinions

11-2006 [Officers of a sending state are specifically authorized to enter a state where the offender is found and apprehend and retake the offender notwithstanding case closure]

History: Adopted November 4, 2003, effective August 1, 2004, amended September 11, 2024, effective November 1, 2024

References

Definitions

Click terms below to reveal definitions used in this rule.

Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state.

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.

Retaking - means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.

Rules – means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission.

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.

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.