Violation Report Requiring Retaking Quick Reference Guide

Violation Reports Requiring Retaking (OVRs) are sent to enforce mandatory retaking.  All Violation Reports Requiring Retaking must clearly document options to address non-compliant behavior have been exhausted and it is documented that the receiving state would pursue revocation (cease community supervision and incarcerate the supervised individual.)  See Rule 4.109

Violation report requiring mandatory retaking

• Options to address non-compliant behavior have been exhausted and it is documented that the receiving state would pursue revocation (cease community supervision and incarcerate the supervised individual;) and
• Invoking mandatory retaking when a supervised individual:
  • Report as an absconder/Is apprehended in the receiving state after reported as an absconder. (Rule 5.103-1)
  • Has been convicted of a new felony or violent crime and is available for retaking. (Rule 5.102)
  • Engages in behavior requiring retaking AND efforts to redirect the behavior are unsuccessful which would result in proceedings to revoke supervision (Rule 5.103)

Other important notes

• Following a violation report requiring retaking, all subsequent correspondence should be made using Violation Addendums.  Do not use Compact Action Requests.
• Important communications made on addendums include:
  • Additional violation details;
  • Probable cause documentation (Hearing report or waiver;)
  • Change in location; and
  • Change in availability status.
• Retaking may not occur if pending felony or violent charges exist in the receiving state.  Therefore, mandatory retaking cannot be ‘determined’ at this stage as the individual is not ‘available’ due to the pending charges. This may include new charges that are possibly ‘revocable’ by receiving state standards  See Rule 5.101-1
• With the exception of reporting an absconder, it is best practice to utilize the violation report once available for retaking.   Prior communications and intentions of a subsequent violation report can be communicated via Progress Report. 
• Cases should be re-opened in ICOTS to manage retaking when:
  • Absconder, previously reported, is apprehended in the receiving state on the sending state’s warrant.
  • Requiring retaking for a new felony or violent crime upon release when case was previously closed due to a new term of incarceration.
• See Choosing the Right Tool for additional information on violation requiring retaking usage and best practices.