Interstate Compact Agreement - SOP

Idaho
Department of
Correction

Standard
Operating
Procedure
Title:
Interstate Compact Agreement

Page:
1 of 15

Control Number:
704.04.02.001
Version:
3.0
Adopted:
04/04/2001

David Birch, chief of the Division of Community Corrections, approved this document on
05/15/2019.
Open to the public: Yes
SCOPE
This standard operating procedure (SOP) applies to all Idaho Department of Correction
(IDOC) employees who may submit Idaho offenders ’ applications for transfer under the
Interstate Compact for Adult Offender Supervision (the “Compact”), or who s upervise
offenders who have transferred to Idaho from another state under the “the Compact”.
Revision Summary
Revision date (05/15/2019) version 3.0: Reformatted entire document; updated terminology
and processes.
TABLE OF CONTENTS
Board of Correction IDAPA Rule N umber................................................................................. 2
Policy Control Number .............................................................................................................. 2
Purpose ..................................................................................................................................... 2
Responsibility ............................................................................................................................ 2
General Requirements .............................................................................................................. 2
Criteria for Interstate Transfers ................................................................................................. 3
1. Mandatory Transfer of Supervision (ICAOS Rule 3.101) ................................................ 3
2. Sending Offenders Out-of-State: Responsibilities ........................................................... 4
3. Request for Reporting Instructions (ICAOS Rule 3.103)................................................. 6
4. Reporting Instructions for Sex Offenders (ICAOS Rule 3.101-3).................................... 7
5. Travel Permits .................................................................................................................. 7
6. Progress Reports (ICAOS Rule 4.106)............................................................................ 7
7. Reports of Violation (ICAOS Rule 4.109) ........................................................................ 8
8. Behavior Requiring Retaking ........................................................................................... 8
9. Probable Cause Hearing in Receiving State (ICAOS Rule 5.108) ................................. 9
10. Retaking by the Sending State (ICAOS Rule 5.101) ..................................................... 10
11. Pending felony or violent charges (ICAOS Rule 5.101-1)............................................. 10
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12. Discretionary process for disposition of violation in the sending state for a new crime
conviction (ICAOS Rule 5.102-2) ........................................................................................... 10
13. Mandatory Retaking for a New Felony Conviction (ICAOS Rule 5.102) ........................11
14. Time Allowed for Retaking an Offender ..........................................................................11
15. Closing Supervision by the Receiving State (ICAOS Rule 4.112)..................................11
16. Misdemeanants (ICAOS Rule 2.105)............................................................................. 12
17. Victim’s Rights ................................................................................................................ 12
Definitions ............................................................................................................................... 12
References .............................................................................................................................. 14
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY CONTROL NUMBER
704
PURPOSE
The purpose of this standard operating procedure (SOP) is to provide guidance for
promoting public safety and protecting the rights of victims through the control and
regulation of the interstate movement of offenders in the community and to provide for the
effective tracking, supervision, and rehabilitation of these offenders by the sending and
receiving states.
RESPONSIBILITY
Chief of the Division of Probation and Parole
The chief of the Division of Probation and Parole is responsible to monitor the
performance of each district's management of this SOP.
District Managers, Facility Heads, and Section Supervisor
District managers, facility heads, and section supervisors are responsible for
implementing and practicing the guidelines, standards, and procedures provided herein .
Deputy Compact Administrator of the Interstate Compact Unit
The deputy compact administrator of the interstate c ompact unit (located at Central
Office) or designee is responsible for processing and coordinating all interstate transfers
of offenders.
GENERAL REQUIREMENTS
The IDOC must be a be a member agency of the Compact and must cooperate with other
jurisdictions in the s upervision and management of probationers and parolees. Nothing in
this SOP must conflict with the most currently adopted Interstate Commission for Adult
Offender Supervision (ICAOS) Rules (hereafter called “ICAOS Rules”).
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The same standard of supervision applied to offenders under the jurisdiction of Idaho must
be afforded to out-of-state offenders transferred to Idaho under the terms of the Compact.
The duration of supervision must be determined by the sending state.
The degree of supervision must be determined by the receiving state and must be
consistent with the conditions of supervision applied to the receiving state’s own offenders .
CRITERIA FOR INTERSTATE TRANSFERS
1. Information Sharing and Privacy Policy
The Interstate Compact Offender Tracking Syst em (ICOTS) provides a strict policy regarding
privacy and information sharing. All Idaho Interstate Compact Office users must be
knowledgeable and adhere to this privacy policy and act in accordance with all applicable
rules and statutes. To ensure this protection, the Idaho Interstate Compact staff should
redirect questions to the following:
• Incoming offenders seeking information should contact their probation and parole
officer in the sending state.
• Outgoing offenders seeking information should contact their probation and parole
officer in the current district or county probation office.
• Family and friends seeking information should contact the offender or the offender’s
current probation and parole officer.
• Public Records Requests should be directed to contact the Department of
Corrections Records Department.
• Participating ICOTS Agencies – Information can be shared within the scope of their
respective duties, between Idaho Interstate Compact Office staff and other justice
system partners in accordance with the ICOTS Privacy Policy.
Deactivation of Users
Every quarter, the technical records specialist will complete an audit of all ICOTS users and
promptly deactivate any user that has not been active for twelve months or more. Upon
request for reactivation, Idaho Interstate Compact Office staff will verify the user is still
employed and that ICOTS access is within the scope of their position before reactivating the
user’s profile. If at any time a user’s duties change, Idaho Interstate Compact staff will
promptly review the roles of the user and make changes as needed.
2. Mandatory Transfer of Supervision (ICAOS Rule 3.101)
At the discretion of the sending state, an offender must be eligible for transfer of supervision
to a receiving state under the Compact, and the receiving state must accept transfer, if the
offender:
• Has more than 90 days or an indefinite period of supervision remaining.
• Can post the application fee (Note: Parolees must also post an extradition bond [i.e.,
a written instrument that guarantees the offender in the arresting state will surrender
for return to the requesting state] to the Idaho Commission of Pardons and Parole.).
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• Has a valid plan of supervision.
• Is in substantial compliance (i.e., compliance that does not result in revocation
proceedings being held) with the conditions of supervision in the sending state .
• Is a resident of the receiving state or :
1. Has resident family in the receiving state who have indicated a willingness and
ability to assist as specified in the plan of supervision and ca n obtain employment
in the receiving state or has visible means of support.

2. Is in the military or living with a military family member who has been transferred.

3. Was living with a family member who is being transferred with their current
employment.
3. Sending Offenders Out-of-State: Responsibilities
When submitting a transfer request through the Interstate Compact Offender Tracking
system (“ICOTS”), it is the responsibility of the supervising officer or case manager to :
• Verify that the offender has 90 days or more remaining on supervision.
• Verify that the offender is in substantial compliance with conditions of supervision .
(Note: Ensure cost of supervision fees are current.)
• Notify the compact office by email or phone to charge the offender through the
Access Corrections system for the interstate compact (“ISC”) application fee. Once
the fee is charged it takes approximately 24 hours for Access Corrections to update
its data base so the fee can be paid.
• Verify the application fee has been paid to Access Corrections . (Note: Parolees must
pay/post bond to the Idaho Commission of Pardons and Parole and the commission
must approve residency out of state before submitting the transfer.)
• Verify residency in receiving state by PSI, phone or by driver’s license, etc.
• Verify the offer of the home by phone by speaking to the home owner.
• Verify employment by phone.
• Verification of employment should be on business letterhead of the employer and
attached to the transfer request.
• Complete a transfer request in ICOTS (Note: Obtain offender’s signature on the
offender’s application, witness signature making sure the making sure both
signatures have the same date, scan and attach offender’s application to the transfer
request.
• Include any additional documents such as marriage licenses , PSI’s, police reports if
no PSI was done or any information which will benefit the offender’s request for
transfer.
• Document the above information (as applicable) in the Offender Management
System (OMS) as a supervision contact note.
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• Continue supervis ion until a Reply to Transfer is received.
Note: The interstate compact unit must review and process the transfer request prior to
submitting to the receiving state. The receiving state has 45 calendar days to complete the
investigation.
When the Case is Accepted for Transfer Out of State
Upon acceptance of the transfer, the following will occur:
• Interstate compact unit processes the acceptance and forwards it to the supervising
officer/case manager and enters a note in OMS under Supervision History.
Acceptance is valid for 120 days.
• Interstate c oordinators update the parole plan in Reflections for pre-parole cases to
show the case approved or denied.
• Interstate coordinators s ubmits Notice of Departure (“NOD”) when offender leaves
noting the offender only has five days to report once the NOD is s ubmitted.
• Send offender‘s file to the compact unit as soon as possible. Offender’s case will be
transferred to the ISC Sr. Probation/Parole officer for monitoring.
Receiving Offenders from Out-of-State: Responsibilities
Once a transfer request is entered into the ICOTS data base, the interstate c ompact unit
will process the transfer, sending it to the assignment officer for each district or county
office.
It is the responsibility of the investigating probation and parole officer (“PPO”) to:
• Review all doc umentation submitted.
• Physically verify the existence and offer of the home.
• After considering all information available, make a decision as to whether supervision
of the case will be accepted or rejected.
• If rejected – include the reason for denial.
• If accepted - include any special conditions that will be imposed and provide
reporting instructions if not previously provided.
• Complete ICOTS Reply to Transfer Request and submit to the interstate c ompact
unit.
Third State (Subsequent Receiving State) Moves
During the course of supervision of an interstate case, the offender may desire a move
to a third state. The following steps are to be taken in that process:
• The supervising officer provides a progress report in ICOTS to the sending state,
letting them know the offender wants to transfer to a third state and:
o Note the reason for the transfer
o Verify residence offer/family
o Verify employment on employer’s letterhead
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• If third state move is approved by sending state, sending state will do the transfer by
completing the following steps:
o Sending state will send the offender’s application for offender’s signature
attached to a Compact Action Request
o Offender and Idaho officer sign the application. The officer attaches the signed
application to the Response to a Compact Action Request and scans it back to
the sending state.
o Verify employment on employer’s letterhead
Return to Sending State
When an out-of-state offender requests permission to return to the original sending
state, the receiving state must request return reporting instructions .
Upon receipt of the reporting instructions, the supervising officer must complete a Notice
of Departure, Travel Permit, and Case Closure Notice. (If the offender is a sex offender
the file must be sent to the Central Records Unit [located in Central Office].)
Interstate compact unit staff send out the case closure notices submitted by the Idaho
officers and close the case in the Offender Management System . Once the case closure
notice is approved by the sending state in ICOTS, the case will automatically go to
history status in ICOTS.
4. Request for Reporting Instructions (ICAOS Rule 3.103)
A sending state must not allow an offender who is under supervision to relocate to a
receiving state without the receiving state’s acceptance of the transfer of supervision or
approval of reporting instructions . The sending state must do the following:
• A Request for Reporting Instructions for an offender who was living in the receiving
state at the time of sentencing must be submitted by the sending state within seven
business days of sentencing or release from incarceration to probation supervision.

Note: The sending state may grant a seven day Travel Permit to an offender who
was living in the receiving state at the time of sentencing. However, prior to granting
the Travel Permit, the sending state must verify that the offender was living in the
receiving state. (Note: This does not apply to sex offenders.)
• Before allowing the offender to leave the State of Idaho the super vising officer must
notify the compact office unit by email or phone to have the offender’s account
charged so the payment to Access Corrections will be applied to the ISC fee.
(Offender’s IDOC number is needed). The probation or parole officer ensures that
the offender pays the application fee and have offender sign the offender’s
application, Conditions of Supervision and court order if possible. Pursuant to ICAOS
Rule 3.107, prior to granting a Travel Permit to the offender, DNA must be taken per
Idaho Code.
• The Idaho officer submits the Notice of Departure in ICOTS when the offender
leaves Idaho.
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• Offender has five calendar days to report once the Notice of Departure has been
submitted in ICOTS. (Notices of Departure should not be submitted until the offender
has left.) Supervision must begin upon the offender’s arrival to the district office. An
Idaho officer submits the Notice of Arrival in ICOTS when the offender reports to the
district office. (Note: This applies to “incoming” offenders.)
• A Transfer Request form must be forward to the receiving state no later than 15
business days following granted reporting instructions. (Note: If the receiving state
does not receive the completed transfer request packet within 15 business days, the
reporting instructions could be rescinded and the offender returned t o the sending
state.)
5. Reporting Instructions for Sex Offenders (ICAOS Rule 3.101 -3)
Reporting instructions for sex offenders living in the receiving state at the time of sentencing
are as follows:
• The receiving state must have five business days to review the proposed residence
to ensure compliance with local policies or laws prior to issuing reporting instructions.
If the proposed residence is invalid due to existing state law or policy, the receiving
state may deny reporting instructions .
• A Travel Permit must not be granted by the sending state until the reporting
instructions are issued by the receiving state.
Note: Sex offenders must not leave the state of Idaho without reporting instructions from the
receiving state.
6. Travel Permits
A seven day Travel Permit may be given to an offender who has been given approved
reporting instructions from the receiving state.
Upon issuing a Travel Permit based on the above criteria, the sending Idaho officer must
immediately submit a Request for Reporting Instructions to the interstate c ompact unit.
If reporting instructions are not received from the receiving state, the offender must return to
the sending state.
7. Progress Reports (ICAOS Rule 4.106)
The ICAOS Progress Report form in ICOTS will be submitted by the supervising officer
within 30 calendar days of receiving a request from the sending state. A progress report may
be used to report offender’s compliant or non-compliant behavior that does not require
retaking as well as incentives, corrective actions or graduated responses imposed.
The Progress Report must include the following:
• Offender’s current residence address
• Offender’s telephone number and current electronic mail address , if changed
• Name and telephone number of offender’s current employer
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• The supervising officer’s summary of the offender’s conduct, progress, and attitude,
and compliance with the conditions of supervision
• New arrest information including police reports
• Date(s), description(s) and documentation regarding the use of incentives, corrective
actions, including graduated responses or other supervision techniques to address
the noncompliant behavior and the offender’s response to such actions
• Programs of treatment attempted and completed by the offender or failed to
complete
• Supervising officer’s recommendation
• Any other information requested by the sending state that is a vailable in the receiving
state
8. Reports of Violation (ICAOS Rule 4.109)
A receiving state submits a report of violation to the sending state for continuous acts or
patterns of behavior by the offender which would reach the level of revocation in the
receiving state using the Idaho Response Matrix (IRM) to determine revocation.
9. Behavior Requiring Retaking
Behavior requiring retaking means an act or pattern of non-compliance with conditions of
supervision that could not be successfully addressed t hrough the use of documented
corrective action or graduated responses and would result in a request for revocation of
supervision in the receiving state. A violation report must contain:
• Offender’s current residence address
• Date(s) and description of the behavior requiring retaking
• Date(s), description(s), and documentation regarding the use of incentives,
corrective actions, including graduated responses or other supervision techniques to
address the behavior requiring retaking in the receiving state, and the offender’s
response to such actions
• Date(s), description(s), and documentation regarding the status and disposition, if
any, of offense(s) or behavior requiring retaking per the Idaho Probation and Parole
Violation M atrix
• Date(s, descriptions, and documentation of previous non-compliant behavior
submit)ed on Progress Reports, to include a description of the use of corrective
actions, and graduated responses or other supervision techniques
• Abscond Reports of Violation must contain offender’s last known address and
telephone number, name and address of the offender’s employer if applicable, and
the date of the offender’s last personal contact with the supervising officer along with
details regarding how the supervising officer determined the offender to be an
absconder. All dates of contact with family, residence, employment, and contact must
be within 30 days of submitting the Report of Violation. The narrative must contain
the details of contact with family, employer, and residence.
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• Supporting documentation regarding the violation, police reports, written admission
to drug use resulting from UA, treatment discharges etc.
• New felony conviction or violent misdemeanor convictions. The supervising officer
submits a court order and any documentation that hasn’t been previously submitted.
Response to Violation Report
A report of violation must be responded to no later than 10 business days following
transmission of the receiving state as follows:
• For cases approved and being and being monitored by the Idaho Interstate Compact
Office, responses will be generated by the senior PPO assigned to the unit. For files
that have not been submitted to the interstate compact office, the officer submitting
the transfer will be assigned to respond in ICOTS. An email will be sent to the officer
letting them know the Report of Violation is being assigned to them.
• The supervising officer must log into the offender’s account and click on the Action
Items. The officer assigned to the case will respond that they will be requesting a
warrant, requesting a probable cause hearing, or ordering the offender to retur n to
Idaho and will include the date by which that action will begin and its estimated
completion date.
• The supervising officer must submit a report of violation to the court requesting a
nationwide, no bond warrant which will be entered NCIC.
10. Probable Cause Hearing in Receiving State (ICAOS Rule 5.108)
• An offender subject to retaking that may result in a revocation, must be afforded the
opportunity for a probable cause hearing before a neutral and detached hearing
officer in or reasonably near the place where the alleged violation occurred.
• No waiver of a probable cause hearing will be accepted unless accompanied by an
admission by the offender to one or more violations of the conditions of supervisio n.
• A copy of a Judgment of Conviction regarding the conviction of a new criminal
offense by the offender is deemed conclusive proof that an offender may be retaken
by a sending state without the need for further proceedings .
• All probable cause hearings are recorded and kept until successful case closure.
• The offender is entitled to the following rights at the probable cause hearing:
1. Receive written notice of the hearings at least 24 hours in advance.
2. Be advised of the allegations contained in the Report of Violation.
3. Have an attorney present at offender’s expense.
4. Present evidence and witnesses.
5. Confront adverse witnesses, unless such action would subject the witnesses
to risk or harm.
6. Receive a timely, written decision.
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• The receiving state prepares and submits a written report to the sending state within
10 business days of the hearing that identifies the time, date and location of the
hearing; lists the parties present at the hearing; and includes a clear and concise
summary of the testimony taken and the evidence relied upon in rendering the
decision. Any evidence or record generated during a probable cause hearing must
be forwarded to the sending state through ICOTS.
• If the hearing officer determines that there is probable cause to believe that the
offender has committed the alleged violations of conditions of supervision, the
receiving state must hold the offender in custody. The sending state must notify the
receiving state of the decision to retake (or other action to be taken) within 15
business days of receipt of the hearing officer’s report.
• If probable cause is not established, the receiving state will:
1. Continue supervision if the offender is not in custody.
2. Notify the sending state to vacate the warrant, and continue supervision upon
release if the offender is in custody on the sending state’s warrant .
3. Vacate the receiving state’s warrant and release the offender back to
supervision within 24 hours of the hearing if the offender is in custody.
Note: For additional information regarding detention, warrants, reporting deadlines and
other violation procedures and timeframes, see SOP 701.04.02.018, Warrants: The Use
of Agent’s, Bench, and Parole Commission.
11. Retaking by the Sending State (ICAOS Rule 5.101)
Except as required in ICAOS Rules 5.102, 5.103, and 5.103-1 at its sole discretion, a
sending state may retake or order the return of an offender.
If the offender does not return to the sending state as ordered, then the sending state will
issue a warrant no later than 10 business days following the failure to appear in the sending
state.
12. Pending felony or violent charges (ICAOS Rule 5.101-1)
Notwithstanding any other rule, if an offender is charged with a subsequent felony or violent
crime, the offender must not be retaken or ordered to return until the criminal charges have
been dismissed, sentence has been satisfied, or the offender has been released to
supervision for the subsequent offense, unless the sending and receiving states mutually
agree to the retaking or return.
13. Discretionary process for disposition of violation in the sending state for a new crime
conviction (ICAOS Rule 5.102-2)
• Unless waived by the offender, the sending s tate conducts , at its own expense, an
electronic (video conference) hearing or in-person violation hearing.
• The sending state sends the violation hearing results to the receiving state within 10
business days.
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• If the offender’s sentence to incarceration for the new crime fully satisfies the sentence
for the violation imposed by the sending state for the new crime, the sending state is no
longer required to retake if Rules 5.102 and 5.103 apply.
• If the offender’s sentence to inc arceration for the new crime only partially satisfies the
sentence for the violation imposed by the sending state for the new crime, then the
sending state is required to retake if Rules 5-102 and 5.103 apply.
• The receiving state may close the case under Rule 4.112 (a)(3).
14. Mandatory Retaking for a New Felony Conviction (ICAOS Rule 5.102)
Upon request from the receiving sate, a sending state must retake an offender from the
receiving state (or subsequent receiving state) when the following occurs:
• Af ter the offender’s conviction for a new felony offense or new violent crime.
• Completion of a term of incarceration for that conviction.
• Placement under the supervision of the Division of Probation and Parole for that felony
or violent crime offense.
• When a sending state is required to retake an offender, the sending state must issue a
warrant and, upon apprehension of the offender, file a detainer with the holding facility
where the offender is in custody.
15. Time Allowed for Retaking an Offender
A sending state must retake an offender within 30 calendar days after the decision to retake
has been made or upon release of the offender from incarceration in the receiving state.
16. Closing Supervision by the Receiving State (ICAOS Rule 4.112)
The receiving state may close its supervision of an offender and cease supervision upon the
following:
• The date of discharge indicated for the offender at the time of application for supervision
unless informed of an earlier or later date by the sending state.
• Notifying the sending state that the offender absconded in the receiving state.
• Notifying the sending state that the offender has been sentenced to incarceration for 180
days or longer and receipt of a warrant, detainer, or other acknowledgement fro m the
sending state that has responsibility for the offender within 90 days of the notification.
(Note: If the sending state fails to provide the warrant, detainer, or other
acknowledgement within 90 days of notification, the receiving state may close its
supervision of the offender. After 90 days , the sending state must be responsible for the
offender.)
• A receiving state must not terminate its supervision of an offender while the sending
state is in the process of retaking the offender under ICAOS Rule 5.1 01.
• At the time a receiving state closes supervision, a Case Closure Notice must be
provided to the sending state and must include the offender’s last known address and
employment information.
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17. Misdemeanants (ICAOS Rule 2.105)
A misdemeanor offender whose s entence includes one year or more of supervision must be
eligible for transfer, provided that all other criteria for transfer as specified in ICAOS Rule
3.101 have been satisfied, and the instant offense includes one or more of the following:
• An offense in which a person incurred direct or threatened physical or psychological
harm.
• An offense that involves the use or possession of a firearm.
• A second subsequent offense of driving while impaired by drugs or alcohol.
• A sexual offense that requires the offender to register as a sex offender in the sending
state.
18. Victim’s Rights
It is the intent of ICAOS and IDOC to assure victim’s rights are maintained throughout the
interstate and supervision process. Victims have a right to receive notification of certain
activities of the offender, which often requires notification within one business day. It is
imperative that interstate forms and documents be marked “victim sensitive” whenever there
is a registered victim indicated in the IDOC’s Offender System (Reflections). The interstate
compact unit will notify IDOC’s victim services coordinator for probation cases and the Idaho
Parole Commission’s victim services coordinator for parolees when working with victim
sensitive information.
Note: When the victim requests to be notified pursuant to Idaho Code 19-5306, the IDOC
victim services coordinator will list the request in the Offender System (Reflections) “alert
module”. (Also see IDAPA 06.01.01, Section 105.)
DEFINITIONS
Abscond: An offender who is absent from their approved place of residence or employment
who is avoiding or has fled supervision, whose whereabouts are unknown, and for whom a
warrant for a violation of supervision has been issued or requested .
Application Fee: A reasonable sum of money charged an interstate compact offender by
the sending state for each application for transfer prepared by the sending state.
Arrival: To report to the location and officials designated in the reporting instructions given
to an offender at the time of the offender’s departure from a sending state under an
interstate compact transfer of supervision.
Compact commissioner or commissioner: The voting representative of each compacting
state appointed under the terms of the Interstate Compact for Adult Offender Supervision as
adopted in the member state.
Compliance: When an offender is abiding by all terms and conditions of supervision,
including payment of restitution, family support, fines, court costs or other financial
obligations imposed by the sending state.
Conditions of Supervision: Conditions or terms of parole or probation as established by
either the sending or receiving state.
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Deputy Compact Administrator: The individual in each compacting state appointed under
the terms of the compact and responsible for the administration for adult offender
supervision as adopted in the member state.
Detainer: An order to hold an offender in custody.
Discharge - Community Corrections: The final completion of the sentence that was
imposed on an offender by the sending s tate.
Extradition: The return of a fugitive to a state in which the offender is accused, or has been
convicted, of committing a criminal offense, by order of the governor of the state to which the
offender has fled to evade justice or escape prosecution.
Interstate Compact Agreement: An agreement entered into by eligible jurisdictions in the
United States, Puerto Rico, and the U.S. Virgin Islands that provides the means for those
jurisdictions to work cooperatively with probationers and parolees .
Offender means an adult placed under, or made subject to, supervision as the result of the
commission of a criminal offense and released to the community under the jurisdiction of
courts, paroling authorities, corrections, or other criminal justice agencies, and wh o is
required to request transfer of supervision under the provisions of the Interstate Compact for
Adult Offender Supervision.
Offender System: A common term used for the department’s Offender Management
System and Reflections, which are computer databases used for the tracking of offenders
and offender information.
Plan of Supervision: The terms under which an offender will be supervised, including
proposed residence, proposed employment or viable means of support, and the terms and
conditions of supervis ion.
Probable Cause Hearing: A hearing in compliance with the decisions of the U.S. Supreme
court and applicable statutes , conducted on behalf of an offender accused of violating the
terms or conditions of the offender’s parole or probation.
Receiving State - Community Corrections: A state to which an offender requests transfer
of supervision or is transferred.
Relocate - Community Corrections: To remain in another state for more than 45
consecutive days in any 12-month period.
Reporting Instructions - Comm unity Corrections: The orders given to an offender by a
sending or receiving state directing the offender to report to a designated person or place, at
a specified date and time, in another state. Reporting instructions include place, date, and
time on which the offender is directed to report in the receiving state.
Resident: A person who (1) has continuously inhabited a state for a least one year prior to
the commission of the offense for which he is under supervision, (2) intends that such state
be his principal place of residence, and (3) has not, unless incarcerated, remained in
another state or states for a continuous period of six months or more with the intent to
establish a new principal place of residence.
Resident Family - Community Corrections: A parent, grandparent, aunt, uncle, adult
child, adult sibling, spouse, legal guardian, or step-parent who (1) has resided in the
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receiving state for 180 days or longer as of the date of the transfer request, and (2) indicates
a willingness and ability to assist the offender as specified in the plan of supervision.
Retaking: The act of a sending state in physically removing an offender, or causing to have
an offender removed, from a receiving state.
Rules: Acts of the Interstate Commission, which have the force and effect of law in the
compacting states, and are promulgated under the Interstate Compact for Adult Offender
Supervision, and substantially affect interested parties in addition to the Interstate
Commission.
Sending State: A state requesting the transfer of an offender, or which transfers supervision
of an offender, under the terms of the Compact and its rules.
Sex Offender means an adult placed under, or made subject to, supervision as the result of
a criminal offense and released to the community under jurisdiction of the courts, paroling
authorities, corrections, or other criminal justice agencies, and who is required to register as
a sex offender either in the sending or receiving state and who is required to request transfer
of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.
Supervision - Community Corrections: The oversight exercised by authorities of a
sending or receiving state over an offender for a period of time determined by a court or
releasing authority, during which time the offender is required to report to or be monitored by
supervising authorities, and to comply with regulations and conditions, other than monetary,
imposed on the offender at the time of the offender’s release to the community or during the
period of supervision in the community.
Travel Permit: A written permission granted to an offender authorizing the offender to travel
from one jurisdiction (or state) to another. The written permission to travel outside the state
for more than 24 hours but no more than 31 calendar days. The permit must include a start
date and an end date.
Victim: means a natural person or the family of a natural person who has incurred direct or
threatened physical or psychological harm as a result of an act or omission of an offender.
Waive: The voluntary relinquishment, in writing, a known constitutional right (or other right),
claim, or privilege.
Warrant: a written order of the court or authorities of a sending state or receiving state or
other body of competent jurisdiction which is made on behalf of the state, or Unties States,
issued pursuant to the statute and/or rule and which commands law enforcement to arrest
an offender. The warrant must be entered in the National Crime Information Center (NCIC)
Wanted Person File with a nationwide pick-up radius with no bond amount set.
REFERENCES
Department Policy 120, Control, Maintenance, and Disposition of Case Management and
Medical Files
Department Policy 704, Interstate Compact
SOP 701.04.02.018, Warrants: The Use of Agents ’, Bench, and Parole Commission
Idaho Code, Section 19-5306, Rights of the Victim During Investigation, Prosecution, and
Disposition of the Crime
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Idaho Code, Section 20-225A, Payment for Interstate Compact Application
Idaho Code, Section 20-301, Compacts with Other States Authorized
IDAPA 06.01.01, Rules of the Board of Correction, Section 105, Victim Notifications
IDAPA 50.01.01, Rules of the Commission of Pardons and Parole
Interstate Com mission for Adult Offender Supervision (ICAOS), ICAOS Rules (effective
February 01, 2017)

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