Rule 5.103 requires a sending state to retake a supervised individual upon the receiving state’s request when the individual has engaged in behavior requiring retaking while under supervision in the receiving state. Only the receiving state may invoke Rule 5.103.
Rule 1.101 defines “behavior requiring retaking” as an act or pattern of noncompliance with supervision conditions that (1) has not been successfully addressed through documented corrective actions or graduated responses, and (2) would result in revocation of supervision under the receiving state’s standards. The receiving state must document that the conduct meets this threshold.
Because the Compact applies the receiving state’s supervision standards to transferred individuals, a sending state may be required to retake an individual even if the same conduct would not warrant revocation under the sending state’s laws or practices. Once the receiving state properly determines and documents that the conduct constitutes behavior requiring retaking, the sending state must proceed with retaking.