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

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