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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Bench Book - 3.4.2.1 Disabled Supervised Individuals

A receiving state is obligated to continue supervising individuals “who become mentally ill or exhibit signs of mental illness or who develop a physical disability while under supervision in the receiving state.” See Rule 2.108. Therefore, it would be impermissible for a receiving state to terminate supervision or to demand that a sending state retake an individual solely due to mental or physical disability.

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.

Plan of Supervision – means the terms under which a supervised individual will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.

Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual 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 supervised individual at the time of release to the community or during the period of supervision in the community.