TEXAS INTERSTATE COMPACT REFERENCE GUIDE …

1 T E X A S I N T E R S T A T E C O M P A C T K A T H I E W I N C K L E R , C O M M I S S I O N E R R E G I N A G R I M E S , D I R E C T O R T E X A S I N T E R S TAT E C O M PAC T R E F E R E N C E G U I D E F O R C S C Ds U P D A T E D J U N E 2 3 , 2 0 0 8 2 TABLE OF CONTENTS ALL ABOUT INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION .. 3 CONTACT INFORMATION .. 3 WHO IS SUBJECT TO THE INTERSTATE COMPACT ? .. 3 TIME LINES .. 5 FILLING OUT THE FORMS .. 7 TRANSFER REQUESTS .. 8 OFFENDERS WHO ARE ELIGIBLE FOR REPORTING INSTRUCTIONS BEFORE THE RECEIVING STATE HAS INVESTIGATED AND ACCEPTED TRANSFER OF 12 OFFENDERS RESIDING IN THE RECEIVING STATE AT THE TIME OF SENTENCING.

2 14 OFFENDERS WHO ARE MILITARY MEMBERS DEPLOYED TO ANOTHER STATE .. 14 OFFENDERS WHO LIVE WITH FAMILY MEMBER WHO HAS JOB TRANSFER TO ANOTHER STATE .. 14 OFFENDERS SEEKING EXPEDITED REPORTING INSTRUCTIONS BECAUSE OF EMERGENCY CIRCUMSTANCES (RULE ) .. 15 OFFENDER REQUESTS TO RETURN TO THE SENDING STATE.. 15 REPLY TO TRANSFER .. 22 COMPACT ACTION REQUEST (CAR), .. 26 NOTICE OF DEPARTURE/ NOTICE OF ARRIVAL .. 28 OFFENDER APPLICATION FOR INTERSTATE COMPACT TRANSFER .. 33 OFFENDER VIOLATION REPORT .. 34 RESPONSE TO VIOLATION REPORT .. 37 PROBABLE CAUSE HEARINGS .. 38 PROBABLE CAUSE HEARINGS INFORMATION AND FORMS.

3 39 ICAOS RULES PERTINENT TO PROBABLE CAUSE HEARINGS .. 120 ICAOS RULES 2008 .. 123 GOVERNMENT CODE 510 .. 153 TIPS FROM TEXAS INTERSTATE .. 172 INDEX .. 178 3 INTERSTATE COMPACT REFERENCE GUIDE HOW-T O G U I D E F O R S U B M I T TI N G A P P L I C AT I O N S F O R I N T E R S TAT E T R A N S F E R, R E P O R T I N G I N S T RU C T I ONS, C O M PAC T AC T I O N R E QU ES T S, P RO G R E S S R E P O R T S, V I O L AT I O N R E P O R T S, A N D R E P L I E S T O E AC H. A L L A B O U T I N T E R S TA T E C O M M I S S I O N F O R A D U L T O F F E N D E R S U P E RV I S I O N The INTERSTATE Commission for Adult Offender Supervision (ICAOS) oversees the day-to-day operations of the COMPACT and was created to ensure cooperation in the transfer of offenders supervision within COMPACT rules.

4 ICAOS promotes public safety and offender accountability and builds expertise and leadership to improve COMPACT oversight, administration , and case outcomes. ICAOS also provides legal guidance and interpretation and networking for community supervision and COMPACT administration professionals. C O N TA C T I N F O R M A T I O N TEXAS INTERSTATE COMPACT e-mail address is: Telephone # is 512-406-5990 Fax # s are: 512-452-0469 & 512-454-3096 Fax # for Reporting Instructions 512-459-9439 Kathie Winckler-Commissioner (281) 558-1451 Stuart Jenkins COMPACT Administrator (512) 406-5401 Regina Grimes Director and Deputy COMPACT Administration (DCA) (512) 406-5989 Ethel White Assistant Director (512) 406-5987 Sylvia Mokarzel DCA Offenders A-G (512) 406-5985 Rey Selvera DCA Offenders H-P (512) 406-5998 Cheryl Monroe DCA Offenders Q-Z (512) 406-5974 W H O I S S U B J E C T T O T HE I N T E R S TA T E C O M PA C T?

5 APPLIES TO ALL FELONIES AND SOME MISDEMEANORS. MANDATORY ACCEPTANCE BY RECEIVING STATE (ICAOS RULE ) An offender is eligible for transfer and it is mandatory that the receiving state accepts him if: He has 90 days or more remaining on supervision at the time the sending state transmits the transfer request AND He has a valid plan of supervision; AND He is in substantial compliance with the terms of supervision in the sending state; AND He is a resident of the receiving state; OR 4 He has resident family in the receiving state who are willing and able to assist the offender.

6 AND He can obtain employment in the receiving state or has a means or support NO T A L L M I S D E M E A N O R S AR E E LI G I B LE. A M ISDEMEANOR OFFENDER W IT H ONE OF THE FOLLOW ING OFFENSES WHO HAS A YEAR OR MORE ON SUPERV ISION AT THE TIM E OF THE REQUEST AND WHO MEETS THE CRITERIA AS SET FORTH IN RULE Q U O TE D AB O V E IS ELIGIBLE FOR MANDATORY TRANSFER. EL I G I B LE M I S D E M E A N O R S A R E LI S TE D I N RU LE TH E Y AR E: (1) OF F E N S E S I N W H I C H A PE R S O N H AS I N C U R R E D DI R E C T O R TH R E A T E N E D P H Y S I C A L O R P S Y C H O LO G I C A L H AR M; (2) OFFEN S E S I N V O LV I N G T H E US E O R P O S S E S S I O N O F A F I R E A R M; (3) SE C O N D O R S U B S E Q U E N T M I S D E M E AN O R O F F E N S E S O F D R I V I N G W H I LE I M PAI R E D B Y D R U G S O R A LC O H O L.

7 AN D (4) SE X U A L O F F E N S E S T H A T R E Q U I R E S E X O F F E N D E R R E GI S TR A T I O N D I S C R E T I O N A R Y T R A N S FE R O F S U P E R V I S I O N ( R U L E 3 .1 0 1-2) O F F E N D E R S W H O D O N O T M E E T T H E E L I G I B I L I T Y C R I T E R I A C A N S T I L L R E Q U E S T A T R A N S F E R . Y O U M U S T P R O V I D E A D E T A IL E D P L A N O F S U P E R V I S I O N A N D C O N VI N C E T H E R E C E I V I N G ST A T E T H A T T H E O F F E N DE R W I L L B E M O R E S U CC E S S F U L T H E R E T H A N IN T E X A S.

8 IMPORTANT INFORMATION FOR SUBMITTING A TRANSFER REQUEST 1. You must only use forms approved and supplied by the INTERSTATE Commission for Adult Offender Supervision (Rule ) (available at ). 2. Whether seeking mandatory or discretionary transfer of an offender, use the same two forms Transfer Request, and Offender Application for INTERSTATE COMPACT Transfer, THE OFFENDER APPLICATION FOR INTERSTATE COMPACT TRANSFER MUST BE SIGNED BY THE OFFENDER AND WITNESSED. 3. You must keep the original offender-signed document in your files. The information that the Transfer Request form asks for is the information that the rule requires.

9 That is, if you fill out this form completely and attach the documentation listed on the 2d page under Attachments, you have complied with your obligation to provide offender information. 4. It is very important that you review the Offender Application for INTERSTATE COMPACT Transfer form with the offender and be sure he or she understands it before he or she signs it. Please take a moment to review it for yourself to see why it is so important. One reason the application is important is because by signing the form, the offender waives extradition. 5 5. You must verify the proposed residence and the proposed employment1.

10 Call the sponsor and/or employer and list the date of the contact on the Transfer Request form. 6. All required documents must be attached and the documents checked for accuracy and completeness. The TEXAS INTERSTATE COMPACT Office will not forward transfer packets to the receiving state until a complete transfer packet is received. 7. An offender seeking to relocate MAY NEVER travel to a receiving state without reporting instructions (RI) issued by the receiving state or an acceptance with one exception. The offender should not be issued a travel permit after a transfer request has been made.