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HomeMy WebLinkAboutInterstate Compact AgreementIdaho Department of Correction Standard Operating Procedure Title: Interstate Compact Agreement 1 of 8 704.001 Version: 4 Adopted: 04/04/2001 Brian Underwood, Chief of the Division of Probation & Parole, approved this document on 10/28/2026. Open to the public: Yes No SCOPE This standard operating procedure (SOP) applies to all Idaho Department of Correction (IDOC) staff who may submit IDOC clients’ applications for transfer under the Interstate Compact for Adult Offender Supervision, or who supervise offenders who have transferred to IDOC supervision from another state under the Interstate Compact. Version Summary Version 4: Renumbers and replaces previous SOP 704.04.02.001 v3.0. Removes large sections that previously restated ICAOS rules and directs staff to the ICAOS website for authoritative procedures, adds clarification regarding privacy policy, and updates references to INSITE. TABLE OF CONTENTS Scope ....................................................................................................... 1 Table of Contents ........................................................................................ 1 A. Statutory Authority ................................................................................. 2 B. Board of Correction IDAPA Rule ................................................................. 2 C. Governing Policy Statement ...................................................................... 2 D. Purpose ................................................................................................ 2 E. Responsibility ......................................................................................... 2 F. Definitions .............................................................................................. 2 G. Standard Procedures ............................................................................... 4 1. Introduction ........................................................................................... 4 2. Information Sharing and Privacy Policy ....................................................... 4 3. Mandatory Transfer of Supervision (ICAOS Rule 3.101) ................................. 5 4. Responsibilities as Sending State ............................................................... 6 5. Travel Permits ........................................................................................ 7 Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 2 of 8 Idaho Department of Correction 6. Third State (Subsequent Receiving State) Moves .......................................... 7 7. Return to Sending State (ICAOS Rule 5.105) ............................................... 7 8. Victims’ Rights (ICAOS Rule 3.108 and 3.108.1) .......................................... 7 9. Warrants ............................................................................................... 8 H. References ............................................................................................ 8 A. STATUTORY AUTHORITY 1. Idaho Code § 20-217A, Appointment of Director – Salary – Powers and Duties 2. Idaho Code § 20-219, Probation and Parole Supervision and Training – Limited Supervision - Rulemaking 3. Idaho Code § 20-301, Compacts with Other States Authorized B. BOARD OF CORRECTION IDAPA RULE None C. GOVERNING POLICY STATEMENT 1. It is the policy of IDOC to establish and maintain procedures to fully participate in the Interstate Compact for Adult Offender Supervision pursuant to Idaho Code and comply with the rules promulgated by the Interstate Commission for Adult Offender Supervision (ICAOS). D. PURPOSE To provide guidance for promoting public safety and protecting the rights of victims through the control and regulation of the interstate movement of clients in the community and to provide for the effective tracking, supervision, and rehabilitation of these clients by sending and receiving states. E. RESPONSIBILITY 1. Chief of the Division of Probation & Parole a. As the Compact Administrator, monitor the performance of each district's management of this SOP. 2. Deputy Compact Administrator a. Process and coordinate all interstate transfers of offenders. F. DEFINITIONS 1. Compliance: When a client 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. 2. Conditions of Supervision: Conditions or terms of parole or probation as established by either the sending or receiving state. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 3 of 8 Idaho Department of Correction 3. Client: A person who has been convicted of a crime against the laws of the state and is on probation supervision as ordered by the court, on parole supervision as ordered by the Commission of Pardons and Parole, or subject to IDOC supervision through an Interstate Compact agreement. The term client includes any use in Idaho law, Board of Correction rule, or IDOC policy or procedure of the terms “offender(s),” or any other term referring to a person on probation or parole supervision by the Board of Correction. 4. Correctional Management System (CMS): A digital platform used by correctional agencies to store, manage, and analyze comprehensive data about individuals throughout their entire criminal justice process, including intake, sentencing, incarceration, parole, and probation, allowing for informed decision- making regarding their supervision and rehabilitation. This includes systems such as Atlas. 5. Interstate Compact: An agreement entered in to 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. 6. Plan of Supervision: The terms under which a client will be supervised, including proposed residence, proposed employment or viable means of support, and the terms and conditions of supervision. 7. Receiving State: A state to which a client requests transfer of supervision or is transferred. 8. Reporting Instructions: The orders given to a client by a sending or receiving state directing the client 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 client is directed to report in the receiving state. 9. Resident: A person who (1) has continuously inhabited a state for a least one year prior to the commission of the offense for which they are under supervision, (2) intends that such state be their 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. 10. Resident Family: A parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who (1) has resided in the 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 client as specified in the plan of supervision. 11. Sending State: A state requesting the transfer of a client, or which transfers supervision of a client, under the terms of the Interstate Compact and its rules. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 4 of 8 Idaho Department of Correction 12. Travel Permit: A written permission granted to a client authorizing the client 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. 13. Victim: means a natural person or the family of a natural person who has incurred direct or threatened physical, economic, or emotional harm as a result of an act or omission of a client. 14. Warrant: Per ICAOS Rule 1.101, 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 United States, issued pursuant to the statute and/or rule and which commands law enforcement to arrest a client. G. STANDARD PROCEDURES 1. Introduction a. All rules for the Interstate Compact are located at the national ICAOS website. i. Nothing in this SOP must conflict with the most currently adopted ICAOS Rules. ii. Staff should refer to the ICAOS website for any Interstate Compact process not stated in this SOP and additional information. b. Idaho Code § 20-301 enacts Idaho’s membership into the Interstate Compact with all 50 states and territories. c. The duration of supervision must be determined by the sending state. d. The level and standard 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 clients. 2. Information Sharing and Privacy Policy a. Interstate National System for Information, Tracking and Enforcement (INSITE) system has established strict standards regarding privacy and information sharing. The policy is located on the national ICAOS website. All Idaho Interstate Compact Office staff and other IDOC staff who use INSITE must be knowledgeable of and adhere to this privacy policy and act in accordance with all applicable rules and statutes. To ensure compliance, the IDOC Interstate Compact staff should redirect questions as follows: i. Incoming clients seeking information should contact their probation and parole officer in the sending state. ii. Outgoing clients seeking information should contact their probation and parole officer in the current district or county probation office. iii. Family and friends seeking information should contact the client or the client’s current probation and parole officer. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 5 of 8 Idaho Department of Correction iv. Public records requests should be directed to use the IDOC public records request process. v. Participating INSITE 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 INSITE privacy policy. b. Forms and Privacy Policy enforcement (ICAOS Rule 2.104) i. IDOC must use the forms and electronic information system authorized by the commission. ii. Every quarter, IDOC Interstate Compact staff will complete an audit of all INSITE users and promptly deactivate any user that has not been active for twelve months or more. Upon request for reactivation, interstate compact staff will verify the user is still employed and that INSITE access is within the scope of their position before reactivating the user’s profile. If at any time a user’s duties change, interstate compact staff will promptly review the roles of the user and make changes as needed. 3. Mandatory Transfer of Supervision (ICAOS Rule 3.101) a. At the discretion of the sending state, a client must be eligible for transfer of supervision to a receiving state under the Interstate Compact, and the receiving state must accept transfer, if the client meets the following criteria: i. Has more than 90 days or an indefinite period of supervision remaining. ii. Can meet financial obligations. 1) Probationers and parolees must pay the application fee. 2) Parolees must also post an extradition bond that guarantees the client in the arresting state will surrender for return to the requesting state to the Idaho Commission of Pardons and Parole. This bond should not be paid until the Commission has approved the transfer request. iii. Has a valid plan of supervision. iv. 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. v. Is a resident of the receiving state or one of the following apply: 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 can 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. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 6 of 8 Idaho Department of Correction 3) Was living with a family member who is being transferred with their current employment. 4. Responsibilities as Sending State a. When submitting a transfer request through INSITE, the supervising officer or case manager must verify the client meets the criteria for transfer in section G.3. i. Verify residency using the Presentence Investigation (PSI), phone or driver’s license, etc. ii. Verify employment in writing on business letterhead of the employer and attach to the transfer request. iii. Ensure cost of supervision fees are current. iv. Notify the IDOC Interstate Compact staff to charge the client for the Interstate Compact application fee and verify the application fee has been paid. b. To complete the transfer request in INSITE, the supervising officer must do the following: i. Obtain client’s signature on the client’s application and sign as witness, making sure both signatures are dated the same date, scan and attach client’s application to the transfer request. ii. Include any additional documents such as marriage licenses, PSI’s, police reports if no PSI was done or any information which will benefit the client’s request for transfer. iii. Document the above information (as applicable) in the CMS. iv. Continue supervision until a Reply to Transfer is received. c. The Interstate Compact staff must review and process the transfer request prior to submitting it to the receiving state. The receiving state has 45 calendar days to complete the investigation. d. Upon acceptance of the transfer, the following will occur: i. IDOC Interstate Compact staff processes the acceptance and forwards it to the supervising officer/case manager and enters a note in CMS under Supervision History. Acceptance is valid for 120 days. ii. Interstate coordinators update the parole plan in CMS for pre-parole cases to show the case approved or denied. iii. Supervising PPO will submit a Notice of Departure (NOD) when client leaves noting the client only has five days to report once the NOD is submitted. iv. IDOC Interstate Compact staff transfers the client’s case to the Interstate Compact Sr. Probation/Parole officer for monitoring. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 7 of 8 Idaho Department of Correction 5. Travel Permits a. A Travel Permit may be given to a client who has been given approved reporting instructions from the receiving state. 6. Third State (Subsequent Receiving State) Moves a. During supervision of an Interstate Compact case, the client may desire a move to a third state. The following steps are to be taken in that process: i. The supervising officer provides a progress report in INSITE to the sending state advising the client wants to transfer to a third state, noting the reason for the transfer, and verifying the residence and employment. ii. If the third state move is approved by sending state, sending state will complete the transfer with the following steps: 1) Sending state will send the client’s application for client’s signature attached to a Compact Action Request. 2) The client and original receiving state officer sign the application. The officer attaches the signed application to the Response to a Compact Action Request and submits it back to the sending state. 3) The sending state will then initiate the transfer with the third state. 7. Return to Sending State (ICAOS Rule 5.105) a. When an out-of-state client requests permission to return to the original sending state, the receiving state must request return reporting instructions. b. Upon receipt of the reporting instructions, the supervising officer must complete a Notice of Departure, Travel Permit, and Case Closure Notice. (If the client is a sex offender, the file must be sent to the IDOC central records unit.) c. When Idaho is returning a client to the original sending state, interstate compact staff must send the case closure notices submitted by the Idaho officers to the original sending state and close the case in the CMS. The case closure notice is approved by the sending state. At that time the case will automatically go to history status in INSITE. 8. Victims’ Rights (ICAOS Rule 3.108 and 3.108.1) a. It is the intent of ICAOS and IDOC to assure victims’ rights are maintained throughout the interstate and supervision process. Victims have a right to receive notification of certain activities of the client, which often requires notification within one business day. b. It is imperative that interstate forms and documents be marked “victim sensitive” whenever there is a registered victim indicated in the CMS. Interstate Compact staff 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. Document Number: 704.001 Version: 4 Title: Interstate Compact Agreement Page Number: 8 of 8 Idaho Department of Correction c. When the victim requests notifications pursuant to Idaho Code § 19-5306, the IDOC victim services coordinator will register the request in the CMS (see also, IDAPA 06.01.01.105, Victim Notifications). 9. Warrants a. Warrants for clients on Interstate Compact must be entered in the National Crime Information Center (NCIC) Wanted Person File with a nationwide pick- up radius with no bond amount set. H. REFERENCES 1. Cited Documents a. ICAOS Rules | https://interstatecompact.org/icaos-rules b. ICAOS website | https://interstatecompact.org/ c. Idaho Code § 19-5306, Rights of the Victim During Investigation, Prosecution, and Disposition of the Crime | https://legislature.idaho.gov/statutesrules/idstat/Title19/T19CH53/SECT19- 5306/ d. Idaho Code § 20-301, Compacts with Other States Authorized | https://legislature.idaho.gov/statutesrules/idstat/Title20/T20CH3/SECT20- 301/ e. IDAPA 06.01.01, Rules of the Board of Correction | https://files.dfm.idaho.gov/dfm-admin-website/rules/current/06/060101.pdf f. IDOC Public Records Request | https://idoc.justfoia.com/publicportal/home/newrequest 2. Other Significant Documents a. Idaho Code § 20-225A, Payment for Interstate Compact Application | https://legislature.idaho.gov/statutesrules/idstat/Title20/T20CH2/SECT20- 225A/ b. IDAPA 50.01.01, Rules of the Commission of Pardons and Parole | https://files.dfm.idaho.gov/dfm-admin-website/rules/current/50/500101.pdf c. SOP 120.03.05.002, Central and Medical Files: Control, Maintenance, and Disposition of d. SOP 701.04.02.018, Warrants: The Use of Agents’, Bench, and Parole Commission – End of Document –