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HomeMy WebLinkAboutIntrastate TransfersDEPARTMENT OF CORRECTION COMMUNITY CORRECTIONS DIVISION DIRECTIVE NUMBER: 704.04.02.002 PAGE NUMBER: 1 of 4 SUBJECT: Intrastate Transfers Updated: 09-1995 Reformatted: 03-20-2001 01.00.00. POLICY OF THE DEPARTMENT It is the policy of the Department to be a member of and use the interstate compact agreement. The objective of the interstate compact is to allow parolees and probationers to transfer from one state to another within legally prescribed statutes. 01.01.00. PURPOSE To set forth the procedures for the intrastate transfer of offenders supervised by the Division of Field and Community Services (FCS). 02.00.00. TABLE OF CONTENTS 01.00.00. POLICY OF THE DEPARTMENT 01.01.00. Purpose 02.00.00. TABLE OF CONTENTS 03.00.00. REFERENCES 04.00.00. DEFINITIONS 05.00.00. PROCEDURE 03.00.00. REFERENCES Board of Correction. 04.00.00. DEFINITIONS Compliance: The client is actively working toward fulfilling general or special conditions of supervision. Financial Obligation: Any departmental, court or commission-imposed monetary obligation a client is responsible for while under supervision. Intrastate Transfer: The transfer of responsibility for the supervision of a case from one District to another, within the Division of Community Corrections Division. Receiving District: The District Office being requested to receive the transfer of supervision of an offender. DIRECTIVE NUMBER: 704.04.02.002 SUBJECT: Intrastate Transfers PAGE NUMBER: 2 of 4 Sending District: The District Office requesting to transfer the supervision of an offender to another jurisdiction. 05.00.00. PROCEDURE It is the policy of the Department of Correction that supervision of offenders will be provided by probation/parole officers in the offender’s District of residence. The Department will provide a procedure governing the transfer of cases between Districts within the state of Idaho to allow ongoing supervision to offenders who wish to relocate. To be eligible for intrastate transfer, the client shall be in compliance with all general and specific conditions of supervision and have no pending violations or criminal charges. The client shall advise and obtain approval the supervising officer of the proposed change in residence and will provide the address, place of employment, treatment agency and any other information required by the officer. The officer shall check the client’s status with respect to conditions of supervision, pending violations or new criminal activity. If the client requesting a transfer is not in compliance with the terms of supervision, the officer may: Handle the violation(s) informally by working with the offender to get him/her into compliance. Notify the Court/Parole Commission of the client’s failure to comply by the filing of a Special Report or a Report of Violation. When the client becomes compliant and has completed violation proceedings or Court for criminal activity, the officer may then submit the case for transfer. If the proposed move will in any way interfere with the client’s ability to comply with special conditions, the transfer request will be denied. The officer shall prepare the file for transfer as follows: Purge any unnecessary or unauthorized material from the file. Obtain all Court/Parole Commission orders as soon as possible, including those DIRECTIVE NUMBER: 704.04.02.002 SUBJECT: Intrastate Transfers PAGE NUMBER: 3 of 4 pertaining to any recent violations or criminal proceedings. If they are not immediately available, the sending officer shall note the orders in the transfer chrono (see #4) and then forward them to the receiving District as soon as they do become available. Assure there is a Risk/Need Assessment that has been prepared within the preceding three months. If the last assessment is older than three months, the officer will complete a new assessment. Prepare a transfer chrono in red in the field notes which s hall address, but not be limited to, the following: The client’s new address, place of employment and treatment agency. A brief summary of the client’s progress while under the supervision of the sending officer with respect to special conditions, financ ial obligations and the case plan. The district manager or designee shall sign the chrono. Include all the original field sheets. For new cases, the sending officer should activate the case before submitting it for transfer. Once completed, the file wi ll be forwarded to the receiving district manager with a note identifying this as an intrastate case. The client will be issued a travel permit and instructed to report to the receiving district within two working days and present the travel permit to tha t office. Upon receipt of the transferred case, the receiving officer should verify residence and employment and inspect the file within 14 days to assure that the case meets transfer policy requirements and accept supervision. If it does not, the following procedure will be followed: The receiving officer will notify his/her district manager or d esignee that the case may be rejected and document the reasons in the field notes. The receiving district manager or designee will contact the sending district manager or designee to advise of the case’s rejection and if the problem DIRECTIVE NUMBER: 704.04.02.002 SUBJECT: Intrastate Transfers PAGE NUMBER: 4 of 4 cannot be handled informally, the file will be returned to the sending District. Once the problem necessitating rejection is rectified, the case may be resubmitted for transfer. The client may be issued a travel permit and instructed to return to the sending District within 24 hours. For cases that are rejected, the sending District will be responsible for supervision of the client and handling any violations which may occur until the case is accepted for transfer. Upon the acceptance of transfer, the receiving District will: Prepare a caseload/COS form for transfer to the receiving caseload and submit to senior secretary for entry on offender system. Notify the sending District of the acceptance of transfer by sending a copy of the caseload/COS form. Notify the District of origin of the acceptance of transfer, if this is not the sending District, by memo and with a copy of the caseload/COS form. If a client is currently being supervised by one District for another and wishes to move to another state, the supervising Distri ct will initiate the transfer request and continue to monitor the case pending acceptance by the receiving state. Upon acceptance, The supervising District will prepare a caseload/COS form indicating in which state the client has been accepted for supervision. The caseload/COS form will be submitted to senior secretary for entry into the offender system then forwarded, along with the file, to the District of origin. Upon receipt in the District of origin, the parole/probation officer assigned to monitor the case will complete a caseload/COS form noting the change in District and parole/probation officer. Administrator, Community Corrections Division Date