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DISCLAIMER: The discussion forums are not intended to be used or relied upon for interpretation or application of the ICAOS Rules or Compact provisions. Questions or requests concerning rule interpretations may be submitted by any state to the Executive Director, by and through, the Compact Commissioner of that state. The views or opinions expressed in comments made in these forums do not necessarily represent the views or opinions of either the ICAOS National Office or the Interstate Commission for Adult Offender Supervision and should not be considered as approval or endorsement of those views or opinions.
HomeHomeGeneral ForumsGeneral ForumsPublic Discussi...Public Discussi...Supervised vs. Unsupervised ProbationSupervised vs. Unsupervised Probation
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2/8/2010 12:32 PM
 

My son was sentenced for two felony counts in April of 2008 under Georgia's "First Offender" statute to 4 years of probation. He immediately initiated a transfer to Massachusetts and that went through relatively smoothly. He has been reporting without fail and has met all of the other terms of his probation including testing negative on all of his required drug tests.

By Georgia statute, OGA 17-10-1 , four years of probation means two years of supervised probation and the remainder to be administrative probation. Should this apply to how he is supervised here in Massachusetts? I spoke with the proabtion office in Georgia and they said that "Federal Rules" require all of his probation to supervised when there has been a transfer to another state. They state that if he had remained in Gerogia, his supervision level would be downgraded to administrative in April.

Do ICAOS rules require that all of his probation be served as standard supervision, or should he be downgraded to administrative supervision just the same as if her were still in Georgia?

Thanks for any help!

Mike

 
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2/8/2010 12:55 PM
 

Hello Mr. McCann:

Rule 4.101 requires the receiving state to supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

In other words, the receiving state is not required to step down his supervision just because that is the practice in the sending state.

Sincerely,


Harry Hageman
ICAOS
Executive Director
 
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2/8/2010 1:11 PM
 

Hr. Hageman,

Thank you so much for your lightning fast reply. It is my impression that Massachusetts would like to drop the supervision level of my son. However the only documentation they have from Georgia indicates four years of probation with no other details provided. I believe those details are omitted since the drop in supervision level at the two year mark is required by statute in Georgia.

The Massachusetts probation office just wants to be sure they are complying with the Georgia sentence. Would I be correct in stating to Georgia that there is no bar to a drop in supervision level provided for in the compact's rules?

Thanks once again,

Mike McCann

 
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2/8/2010 2:31 PM
 

Mr McCann:

Thank you for the kind words. Please understand that the postings on this forum are meant to provide general information. Without access to the facts of a case I can not provide you with specific course of action. There could be something in your son's case file that would suggest a different outcome.

My suggestion is that the officer contact either his supervisor or the MA Interstate Compact office for guidance.

Sincerely,


Harry Hageman
ICAOS
Executive Director
 
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2/8/2010 3:11 PM
 

Mr. Hageman,

I understand completely. I will follow up with the MA Interstate Compact Office. Thank you for your guidance.

Mike McCann

 
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4/26/2010 11:28 AM
 

I was under the impression that administrative supervision was not allowed as ICAOS Rule 4.101, Advisory Opinion 1-2007, applies: [This rule does not permit the receiving state to provide no supervision and at a minimum the rules of the Compact contemplate that such an offender will be under some supervision for the duration of the conditions placed upon the offender by the sending state under Rule 4.102.

 
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HomeHomeGeneral ForumsGeneral ForumsPublic Discussi...Public Discussi...Supervised vs. Unsupervised ProbationSupervised vs. Unsupervised Probation


DISCLAIMER: The discussion forums are not intended to be used or relied upon for interpretation or application of the ICAOS Rules or Compact provisions. Questions or requests concerning rule interpretations may be submitted by any state to the Executive Director, by and through, the Compact Commissioner of that state. The views or opinions expressed in comments made in these forums do not necessarily represent the views or opinions of either the ICAOS National Office or the Interstate Commission for Adult Offender Supervision and should not be considered as approval or endorsement of those views or opinions.


    
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