Register   |  Login

Rule 3.103 - Reporting instructions; offender living in the receiving state at the time of sentencing or after disposition of a violation or revocation proceeding

(a)
    (1) A request for reporting instructions for an offender who was living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding shall be submitted by the sending state within 7 business days of the initial sentencing date, disposition of violation, revocation proceeding or release from incarceration to probation supervision. The sending state may grant a 7 day travel permit to an offender who was living in the receiving state at the time of initial sentencing or disposition of violation or revocation proceeding. Prior to granting a travel permit to an offender, the sending state shall verify that the offender is living in the receiving state.
    (2) The receiving state shall issue reporting instructions no later than 2 business days following receipt of such a request from the sending state.
    (3) The sending state shall ensure that the offender signs all forms requiring the offender’s signature under Rule 3.107 prior to granting a travel permit to the offender. Upon request from the receiving state, the sending state shall transmit all signed forms within 5 business days.
    (4) The sending state shall transmit a departure notice to the receiving state per Rule 4.105.
    (5) This section is applicable to offenders incarcerated for 6 months or less and released to probation supervision.
(b) The sending state retains supervisory responsibility until the offender’s arrival in the receiving state.

(c) A receiving state shall assume responsibility for supervision of an offender who is granted reporting instructions upon the offender’s arrival in the receiving state. The receiving state shall submit an arrival notice to the sending state per Rule 4.105.

(d) A sending state shall transmit a completed transfer request for an offender granted reporting instructions no later than 15 business days following the granting to the offender of the reporting instructions.

(e) If the receiving state rejects the transfer request for an offender who has been granted reporting instructions and has arrived in the receiving state, the receiving state shall initiate the offender’s return to the sending state under the requirements of Rule 4.111.

(f) If the sending state fails to send a completed transfer request by the 15th business day for an offender who has been granted reporting instructions and has arrived in the receiving state, the receiving state may initiate the offender’s return to the sending state under the requirements of Rule 4.111.
References:
ICAOS Advisory Opinions
3-2004 [Rule 3.103 provides an exemption to 3.102 allowing for certain offenders to obtain reporting instructions pending a reply to a transfer request]
1-2006 [Rule 3.103 is not applicable to offenders released to supervision from prison]
3-2007 [If the investigation has not been completed, reporting instructions are required to be issued as provided in Rule 3.103(a). Upon completion of investigation, if the receiving state subsequently denies the transfer on the same basis or upon failure to satisfy any of the other requirements of Rule 3.101, the provisions of Rule 3.103(e)(1) and (2) clearly require the offender to return to the sending state or be retaken upon issuance of a warrant]

History: Adopted November 4, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended October 4, 2006, effective January 1, 2007; amended September 26, 2007, effective January 1, 2008; editorial change effective February 17, 2008; amended August 28, 2013, effective March 1, 2014; amended October 7, 2015, effective March 1, 2016.

“Transferring Supervision to the Receiving State” Training Resources



Offender

Maximize

Receiving State

Maximize

Reporting Instructions

Maximize

Sending State

Maximize

Shall

Maximize

Supervision

Maximize

Travel Permit

Maximize

Warrant

Maximize
About ICAOS | Contact ICAOS National Office | Website Map

Annual Report | Bench Book | Bylaws | Rules | Reglas del Pacto

What is ICOTS | Why the Interstate Commission for Adult Offender Supervision Exists | Terms of Use

© 2002 - 2017 Interstate Commission for Adult Offender Supervision