(a) If a supervised individual who has absconded is apprehended in the receiving state on a warrant issued by the sending state, and the apprehension occurs within 30 calendar days of the warrant's issuance, the sending state is not required to retake the individual, provided both the sending and receiving states mutually agree.
(b) If a supervised individual who has absconded is apprehended within the jurisdiction of the receiving state on a warrant issued by a sending state, and more than 30 calendar days have passed since the warrant was issued or the sending and receiving states did not mutually agree under subsection (a), the receiving state shall establish probable cause as outlined in Rule 5.108 Probable Cause Hearing in Receiving State.
(c) When determined that a supervised individual who has absconded requires retaking and probable cause is established pursuant to Rule 5.108 Probable Cause Hearing in Receiving State, the sending state shall retake the supervised individual from the receiving state.
(d) The sending state shall keep its warrant and detainer in place until the supervised individual is retaken pursuant to subsection (c) or supervision is resumed pursuant to subsection (a).
References:
ICAOS Advisory Opinions
1-2019 [Absconders who are later apprehended in the receiving state remain subject to the Compact unless the sending state has formally discharged supervision under Rule 4.112(a)(1). When this occurs, the receiving state should reopen the ICOTS case to document the individual’s status, location, related correspondence, and any probable-cause materials.]
History: Adopted October 13, 2010, effective March 1, 2011, amended September 29, 2021, effective April 1, 2022, amended September 11, 2024, effective November 1, 2024; amended October 1, 2025, effective April 1, 2026