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Bench Book - 3.8.1 Restitution

As the ICAOS governs the movement of supervised individuals and not the terms and conditions of sentencing, the ICAOS rules are silent on the imposition of restitution. This is therefore a matter governed exclusively by the laws of the sending state and the court imposing sentence. Further, Rule 4.108 clearly relieves the receiving state of the obligation to collect fines, fees, costs or restitution. A sending state retains exclusive authority – and the obligation – to manage the financial portion of a supervised individual’s sentence. The only obligation imposed on the receiving state is to notify the supervised individual of any default and their failure to comply with the conditions of supervision. See Rule 4.108(b). The actual collection and enforcement of the financial obligation rests with the sending state. Failure to fulfill financial obligations constitutes a breach of the supervision agreement, which can lead to the sending state retaking the supervised individual and revoking their probation or parole. See, e.g., Gelatt v. County of Broome, 811 F.Supp. 61 (N.D.N.Y. 1993) (decided on other grounds).