1-2016i - Offenders Returning to a Sending State

Mindy Spring

Updated July 14, 2020 21:02

Training Bulletin 1-2016i - Offenders Returning to a Sending State

Effective March 1, 2016

Re: Rules 3.101-1, 3.103, 3.106, 4.111 & 5.103

Standard Procedures for Offenders Returning to a Sending State

Receiving states must request reporting instructions for all offenders returning to a sending state who:

are subject to active supervision; AND
successfully arrived in the receiving state (successful notice of arrival previously submitted)

The requirements impose a standard process for tracking the movement of an offender returning to a sending state. ICOTS activities are essentially the same regardless of the reason the offender is returning. The rules impose time frames to ensure timeliness of activities.

Reasons an offender returns to a sending state include:

Offender request to return to a sending state
Offender in the receiving state with approved reporting instructions (and arrived pursuant to RIs) and subsequently the transfer request (plan of supervision) is denied
Sending state order offender to return in lieu of retaking for behavior requiring retaking

Receiving State Training Tips	Sending State Training Tips
Ensure no pending charges exist	Reporting instructions must be approved within 2 business days of request (including sex offenders) No valid reasons exist to deny reporting instructions for returning offenders. These requests must be approved
Request timely Request reporting instructions for ‘Transferred Offender Returning to a Sending State’ within 7 business days of either: Rejection of transfer request- Do not request when it is appropriate for the offender to remain in the receiving state pending re submission of a new transfer request Violation report response indicating the offender will be ordered to return	Notify Victims, if applicable
Best effort to obtain an address for the offender in the sending state If unsuccessful in obtaining offender address, be sure to provide a reason the address is unknown	Report date must be within 15 business days of the reporting instructions request (15 business days of violation report for offenders ordered to return in lieu of retaking)
Supervise until DEPARTURE	Confirm the offender’s arrival by submitting a notice of arrival Offender fails to arrive? Issue warrant Submit case closure notice response
Send notice of departure & case closure notice at the time the offender departs the receiving state with approved reporting instructions Compact Office staff should ensure NOD’s are sent before transmitting the Case Closure Notice to the Sending State Submission error and case lacks primary address? See release notes from 2019 For cases in which the returning address is 'unknown,' pre-mature submission of these activities and the NOA by the sending state change the primary address of the offender to 'NULL' and may prevent creation of a subsequent Case Closure. In such instances, the sending state should update the address in ICOTS. https://support.interstatecompact.org/hc/en-us/articles/360024967413-Code-Release-34-4-0-ICOTS-Enhancement-6-19-2019	Update the primary address when offender returns if needed.