"NORTH CAROLINA INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION"
NORTH CAROLINA INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION GUIDE Robert Lee Guy, Commissioner - (919) 716-3101 or firstname.lastname@example.org Anne L. Precythe, Deputy Commisssioner/Compact Administrator - (919)716-3139 or email@example.com This guide is intended to assist judicial officials in the management of offenders requiring supervision but who desire to relocate outside North Carolina. The Interstate Commission for Adult Offender Supervision (ICAOS) rules were created to promote public safety and facilitate the movement of 250,000 offenders nationally. ICAOS rules are federal law and do not impact the judicial sentencing of an offender, only how the offender is transferred and supervised over state lines and returned to the sending state when in violation. Division of Community Corrections staff will assist with the transfer of any appropriate offender under supervision to another state. Offenders placed under the supervision of the NC Division of Community Corrections CANNOT leave NC without permission from the NC Interstate office (OH.vs TX.; OH.vs PA.). In fact, if an offender under supervision is found to be in the other state without proper authorization, the investigation can be stopped until the offender leaves the state. (Offender, family members and probation staff should be consulted PRIOR to sentencing when possible, to allow for contact to be made to the other state to determine if the offender will be allowed to proceed immediately upon sentencing.) Compacts such as ICAOS have the authority of federal law and supercede any state law to the contrary. The ICAOS allows for enforcement of compact member states for noncompliance by: imposing fines and fees, remedial training and technical assistance, legal enforcement, and suspension or termination of membership in the compact. All fifty states, the District of Columbia, Puerto Rico and the Virgin Islands are members of this interstate agreement. NC became a member state in October 2002, N.C.G.S. 148-4B. *Transfer of offenders under this compact (Rule 2.110) (a) no state shall permit an offender who is eligible for transfer under this compact to relocate to another state except as provided by the Compact and these rules. (b) an offender who is not elilgible for transfer under this compact is not subject to these rules and remains subject to the laws and regulations of the state responsible for the offender's supervision. Mandatory Transfer of Supervision (Rule 3.101& 3.101-1) Eligible Misdemeanants (Rule 2.105) Discretionary Transfer of Supervision (Rule 3.101-2) - Must have at least 90 days of supervision remaining AND; - Meets all mandatory transfer criteria specified in Rule 3.101 (a) A sending state may request transfer of supervision of an offender - Must have a valid plan of supervision AND; - Sentence includes one year or more of supervision who does not meet the eligibility requirements in Rule 3.101 - Must be in substantial compliance AND; - Instant offense includes one or more of the following: (b) The sending state must provide sufficient documentation to justify - Is a resident of the receiving state or has family in the receiving 1. an offense in which a person has incurred direct or the requested transfer. state willing to assist in the supervision plan AND; threatened physical or psychological harm; (c) The receiving state shall have the discretion to accept or reject the - Can obtain employment or has other means of financial support OR; 2. an offense that involves the use or possession of a firearm transfer of supervision in a manner consistent with the purpose of - Is a military member and has been deployed to another state 3. a second or subsequent DWI by drugs or alcohol; the compact. - Lives with a family member in the military who has been deployed 4. a sexual offense that requires the offender to register as - Lives with a family member who is transferred to another state a sex offender in the sending state. Deferred Prosecution, 90-96 cases and any other case by their full-time employer. with special conditions that require some form of monitoring are eligible* for transfer to another state. **Transfer of Sex Offenders (Rule 3.101-3)** effective 1/1/08 - A sex offender (person required to register in either the sending or receiving state) SHALL NOT BE ALLOWED to leave the sending state PRIOR TO LEAVING North Carolina… until approved reporting instructions or final acceptance of the transfer request have been given by the receiving state. - Most conditions of probation can be considered for transfer EXCEPT - NO TRAVEL PERMIT shall be given until reporting instructions have been issued by the receiving state. active jail time. If another state can not enforce a particular condition - When requesting reporting instructions, the receiving state has 5 business days to review the proposed residence to ensure compliance of supervision, the investigation can be rejected until NC can address with local polices or laws. If the residence is found to be invalid due to condition with the Court (ie.: GPS for sex offenders). existing state law or policy, the receiving state may deny the reporting - If the Court has ordered Community Service and/or NC Supervision fees to be paid in NC, the fees must be waived. instructions. - If required per N.C.G.S. 15A-266.1, the offender must submit a DNA sample to Sheriff's Department and collection must be verified by - If convicted of a NC registerable offense a determination of GPS the probation officer prior to requesting permission from the NC ISC office for the offender to leave NC. should be made by the Court and the offender must register with - ALL offenders MUST meet with a probation officer to sign the "Offender Application for Interstate Compact Transfer"; a photo must the Sheriff's Dept. PRIOR to requestng permission to leave NC. be obtained and a payment schedule established of the offender owes any court indebtedness. Page 1 Revised Jan. 2008 NORTH CAROLINA INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION GUIDE Robert Lee Guy, Commissioner - (919) 716-3101 or firstname.lastname@example.org Anne L. Precythe, Deputy Commisssioner/Compact Administrator - (919)716-3139 or email@example.com Collection of Money: a receiving state is NOT responsible for the collection of any monies owed to NC; they are only responsible for advising the defendant of arrears. Out of State Treatment: NC sentenced offenders can not be ordered to complete conditions of probation, to include participation in substance abuse treatment programs, outside state jurisdiction. If an offender desires to attend a treatment program in another state, most likely the case will qualify for discretionary transfer because the offender will not meet the mandatory transfer criteria; therefore the other state will have the option to allow or disallow the offender to proceed immediately and will ultimately make the decision to accept or reject transfer of supervision. Handling NC Offenders with Other State Imposed Violations (Rule 4.103-1) For purposes of revocation or other punitive action against an offender, the probation or paroling authority shall give the same effect to a violation of special conditions imposed by a receiving state as if those conditions or requirement had been imposed by the sending state. Failure of an offender to comply with special conditions or additional requirements shall for the basis of punitive action in the sending state… Retaking Procedures There is a difference between the retaking procedures of an out of state offender under the interstate compact agreement and the extradition of a fugitive from justice. Out of state warrants with reference to probation violation(s) usually indicate an interstate compact offender. All paperwork concerning interstate offenders is required to go through each state's compact office. However due to local practices nationwide, not all states send interstate probation violation warrants through the compact offices. This creates confusion among NC magistrates because some out of state warrants have no North Carolina ISC paperwork attached to assist local authorities in identifying the offender as an interstate compact violator. If there is a question about the offender's status as a compact violator subject to retaking or a fugitive from justice entitled to extradition proceedings, the local probation office can be contacted for clarification before proceeding. Interstate Compact offenders are NOT entitled to bond (Rule 5.111). Courts or paroling authorities in any state are prohibited from admitting an offender to bail pending completion of the retaking process. Interstate Compact offenders are ONLY entitled to a probable cause hearing while being detained in North Carolina (Rule 5.108). The probable cause hearing will be scheduled by the Division of Community Corrections immediately upon notification that the offender has been detained and will be conducted by Community Corrections Hearing Officers within 15 days following appearance before the magistrate. Interstate Compact offenders waive all rights to extradition PRIOR to transfer of supervision to the other state (Rule 3.109). Extradition proceedings are not applicable to violators under the interstate compact agreement. Why the changes to establish rules and guidelines for EVERY member state to follow? Stephanie Peyton Tuthill is the face of the compact. Stephanie, a 24 year old graduate student and a resident of Florida, was attending college in Colorado at the time she was murdered by Dante Terrous Paige. In college, she was the president of her sorority, an environmentalist, and a volunteer for the American Cancer Society and Habitat for Humanity. She volunteered at a shelter for abused women. Dante Terrous Paige served 22 months of a 20-year sentence in Maryland for a violent crime, assault and armed robbery at the time he was released and transferred to Colorado. Paige had no family or other contacts in Colorado, but Maryland transferred him there to participate in a halfway house program. The transfer occurred without any notice to Colorado authorities. Paige walked away from his program. Stephanie died after returning to her apartment following a job interview to find Paige burglarizing it. Paige proceeded to rape and murder Stephaine. The state of Maryland settled a civil suit brought by the family for $700,000. Page 2 Revised Jan. 2008