Rule 1.101 defines “abscond” as occurring when:
(a) Supervision personnel are unable to establish contact or locate the supervised individual; and
(b) The supervised individual took action to make themselves unavailable for supervision and failed to comply with reporting requirements.
Rule 4.109-2 governs the receiving state’s responsibilities when it believes a supervised individual has absconded. The receiving state must make reasonable efforts to locate the individual and document those efforts. Such documentation is critical to support the issuance of a warrant. If the individual is not located within 30 calendar days, the receiving state must submit a violation report pursuant to Rule 4.109. In defined extenuating circumstances, the receiving state may bypass the 30-day investigative period and immediately submit a violation report.
Upon receipt of the violation report, the sending state must issue a warrant within 15 calendar days. Under Rule 1.101, a warrant issued under the Compact must have nationwide effect. If the supervised individual is apprehended in the receiving state, the sending state must lodge a detainer with the holding facility.
Rule 5.103-1 governs retaking following issuance of the warrant. If the individual is apprehended within 30 calendar days after the warrant is issued, the sending and receiving states may mutually agree that retaking is not required. If no agreement is reached, or if apprehension occurs more than 30 calendar days after issuance of the warrant, the receiving state must conduct a probable cause hearing in accordance with Rule 5.108. Upon a finding of probable cause, the sending state is required to retake the supervised individual. The sending state must maintain the warrant and detainer until retaking occurs or supervision is formally resumed.