Ensuring public safety for the 21st century

Violation Discovery Date

It is the responsibility of the receiving state compact office staff to review and approve all violation reports prior to transmission to the sending state to ensure details of the violation, including dates are in compliance with the ICAOS Rules.

Rule 4.109 (a) states that a receiving state shall notify a sending state of significant violations of conditions of supervision by an offender within 30 calendar days of discovery of the violation.

Note:  When a receiving state transmits a violation that is not being reported within the required 30 days of discovery the sending state can request that the receiving state withdraw the violation.  Leaving any returned action items (including Offender Violation Reports) on the workload indefinitely could have a negative impact on future audits results.

While the rule does not specify exceptions to the 30 day requirement, there may be instances when processing a violation report beyond the 30 days of discovery is in the best interest of public safety. In these rare instances,  the receiving state compact office should communicate the extenuating circumstances to the sending state compact office before the transmission of the violation report. If the receiving state fails to contact the sending state to discuss extenuating circumstances before transmission of the violation report, the receiving state should expect a request to withdraw the report.

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Remember:   A significant violation is any violation of supervision that would result in a request for revocation in the receiving state

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    Daphine Denney

    What if a user does not have option to withdraw, as in most cases, once the OVR is submitting into the workflow?

     

    Daphine Denney

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    Mindy Spring

    Daphine,

    The workflow for the Offender Violation Report (as of May 22, 2013)  allows the user to withdraw up until the Violation Reply is transmitted.  If you have a case where the report needs to be withdrawn and the option does not exist, please report it to the helpdesk.

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