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Bench Book - 4.6 Arrest of Absconders

Upon receiving a violation report for an absconding supervised individual, the sending state must issue a national arrest warrant once notified of the individual's absconding status. If the absconding individual is apprehended in the receiving state, the sending state must file a detainer with the holding facility where the individual is located. See Rule 5.103-1. Additionally, the receiving state must conduct a probable cause hearing upon the sending state’s request, as outlined in Rule 5.108. It is crucial to note that a probable cause hearing is necessary if the sending state plans to terminate supervised release and incarcerate the individual.

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Definitions

Click terms below to reveal definitions used in this rule.

Abscond – means to be absent from the supervised individual’s approved place of residence and employment; and failing to comply with reporting requirements;

Detainer – means an order to hold a supervised individual in custody.

Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of a supervised individual accused of violating the terms or conditions of the supervised individual‘s parole or probation.

Warrant – means a written order of the court or authorities of a sending or receiving state or other body of competent jurisdiction which is made on behalf of the state, or United States, issued pursuant to statute and/or rule and which commands law enforcement to arrest a supervised individual. The warrant shall be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick-up radius with no bond amount set.

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