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Bench Book - 4.5 Discretionary Disposition of Violation

As previously discussed, Rule 5.102 requires the sending state to retake a supervised individual for a new felony or violent crime conviction after the individual’s release from incarceration for the new crime. This can lead to a significant delay between the occurrence of the crime, the completion of the incarceration term, and the time when the sending state retakes the individual and imposes its sanction for the new crime conviction in another state.

Rule 5.101-2 provides a discretionary process for a sending state to timely dispose of a violation for a new crime conviction occurring outside the sending state. A sentence of incarceration imposed on a supervised individual for a new crime committed outside the sending state during the compact period may fully or partially satisfy the sentence imposed by the sending state for the violation. This requires the approval of the sentencing authority or releasing authority and consent of the supervised individual. At its own expense, the sending state is required to establish procedures for conducting the violation hearing electronically or in person and provide hearing results to the receiving state. If the sentence for the new crime fully satisfies the sentence for the violation imposed, the sending state is no longer required to retake if Rules 5.102 and 5.103 apply. See Rule 5.101-2.

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.

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