Background on Retaking Management
Four prior ICOTS enhancements to the Offender Violation Report (2013, 2017, 2018 & 2021 @ costs of $250k+) provide tools for ICOTS users to manage mandatory retaking. In addition, several administrative reports exist pulling important data elements from the Offender Violation Reports & Addendums. State compact staff can utilize these reports to ensure process are used appropriately, to ensure mandatory retaking occurs in accordance with the ICAOS rules and potentially provide statistics for their state on retakings.
What Retaking Management Issues Exist?
Ongoing inconsistent use of ICOTS and failure of state compact offices to correct behavior currently hinders the ability to provide accurate retaking data. From the end user side, the most prevalent issue is the failure to utilize addendums to communicate and provide updates on the status (PC, location, availability, etc.) while retaking is pending. Instead many users utilize the Compact Action Requests activity which are not always reviewed by compact office staff. It is also common in cases of absconders apprehended in the receiving state and subject to retaking under Rule 5-103-1 to remain closed. As explained in AO 1-2019, these cases are subject to the compact (unless discharged under Rule 4.112 (a)(1)) and should be reopened to either manage retaking (see Rule 4.112 (b)) or resume supervision in the receiving state.
Objectives for Retaking Management
Rule 2.101 requires all correspondence regarding violation reports to be transmitted directly through a state's compact office. Using Addendums rather than compact action request, ensures the state compact office's involvement and appropriate decisions/actions take place.
States should regularly self-audit and correct inappropriate use of ICOTS activities by ensuring users utilize Offender Violation Report Addendums to management retaking. Specifically:
- Ensure the Offender Awaiting Retaking Dashboard is accurate for both Incoming & Outgoing Cases
- This report displays offenders in which the compact cases is 'active,' a violation report requiring retaking is transmitted and the offender is marked 'available' for retaking.
- Remove cases by EITHER marking 'not available for retaking' or use the addendum available to compact office user to remove the retaking obligation from the case
- Correct statuses via 'Addendum to Violation Reports' (PC, location, availability) or 'Addendum to Violation Replies'
- The new 'Warrant Status' enhancement to be implemented on April 1, 2022 relies on accuracy of retaking data to ensure notifications are sent appropriately
- Audit Compact Action Requests
- Spot check Compact Action Requests to ensure hearing results and updates for retaking are not sent using this activity. Ensure users re-submit information in the correct manner
- Audit Violation History Records
- Cases showing the 'last violation response' = 'conduct hearing' can be a clue addendums are not being utilized
- Reopen ICOTS Cases when a previously reported 'absconder' is subject to retaking under Rule 5.103-1 and in accordance with AO 1-2019
What Resources Exist for Retaking Management?
ICOTS Report Offenders Awaiting Retaking (30 days) DO NOT RELY ON DATA FROM THIS REPORT DOES NOT APPEAR TO BE ACCURATE AT THIS TIME & ONLY DISPLAYS WHAT IS OVERDUE
Q2 Retaking Management Kick-off Dates
Compact Staff Training & Release Notes on new Addendum Process for No longer Requiring Retaking
Shared State Policies & Procedures
Have Policies or Procedures to Share? Email email@example.com
Q & A
Q: I used the new Addendum to no longer require retaking, but I am still receiving an email stating the offender is 'available for retaking'?
A: The enhancement approved by the Commission and implemented in April 2021 was simply to create a new addendum to no longer require retaking. The proposal did not include functionality to cease these notifications. To ensure the notifications cease, when using the addendum, be sure to also mark the offender 'unavailable' for retaking. As stated in this article on email notifications, emails are not generated after the 35 days an offender is marked 'available' for retaking.
Q: I used the new Addendum to no longer require retaking, but the case still shows on the awaiting retaking report?
A: The enhancement approved by the Commission and implemented in April 2021 requires BOTH states to acknowledge retaking is no longer required. When responding, the sending state must ensure it also selects 'retaking no longer required.' Note: As a reminder, the ICAOS dashboards are NOT real-time but are updated every 24 hours. Meaning cases will not immediately be removed upon using the addendum.
Q: Should states reopen Absconder cases to utilize the OVR Addendum instead of utilizing Compact Action Requests for PC information?
A: Yes, As stated in AO 1-2019, when absconders are apprehended in the receiving state and subject to retaking, cases should be reopened in ICOTS to manage the retaking process which includes establishing Probable Cause prior to retaking.
Q: Do Compact Staff have to re-assign compact cases to themselves in order to use the new addendum to no longer require retaking?
A: No, the approved functionality specifically indicates Compact Staff can use this new process without assigning the compact case to themselves. If states experience this, be sure to report to the helpdesk for investigation WITHOUT submitting the activity. As of Oct 6, 2021, the national office has no documented reports or known issues of this error.
Q: I used the new Addendum to no longer require retaking and the case no longer shows on the awaiting retaking report, but does still show on the Return in Lieu of Retaking Dashboard?
A: As reported to the national office on October 6th 2021, cases were showing in error on the Return in Lieu of Retaking Dashboard. As of OCTOBER 11, 2021 the report has been fixed.
Q: I don't have an option to submit an Addendum to no longer require retaking. Why?
A: Note that only the receiving state can create an Addendum to no longer require retaking. Once transmitted, the activity requires a response from the sending state (as with all Addendums) to acknowledge retaking is no longer required.
Quick Tip Using the Offender Awaiting Retaking Dashboard
- Use the Incoming Cases to identify cases in which your state needs to send the Addendum.
- Use the Outgoing Cases version to identify cases in which your state needs to reach out to the receiving state to submit the Addendum.