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Discretionary Retaking Quick Reference Guide

The Discretionary Retaking activity communicates the Sending State’s intent to Retake under Rule 5.101 (b) ‘retake a supervised individual via warrant.’    See Rule 5.101

Use of Discretionary Retaking Activity

  • Sending state intends to retake via warrant, typically to pursue revocation of supervision
  • Initiated by sentencing authority in sending state
  • Clearly document the reason(s) for discretionary retake; for example, if based on non-compliance reported on a Progress Report, note that in the Discretionary Retaking activity

Other important notes

  • Only use the Discretionary Retaking activity when retaking via compact compliant warrant. 
    • Returns invoked under Rule 5.101 (a) use return reporting instructions.
    • Temporary travel to a sending state (to attend informal hearing or event) a travel permit and notification via Rule 3.110 may be appropriate.
  • Retaking may not be initiated when there are pending felony or violent crime charges. 
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