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5.101 - Discretionary Retaking by the Sending State

Rule 5.101
Last Amended November 1, 2024

(a) Except as required in Rules 5.101-1 Pending Felony or Violent Crime Charges5.102 Mandatory Retaking for a New Felony or New Violent Crime Conviction5.103 Supervised Individual Behavior Requiring Retaking and 5.103-1 Retaking Absconders at its sole discretion, a sending state may order the return of a supervised individual.  The sending state must notify the receiving state within 15 business days of their issuance of the directive to return. The receiving state shall request return reporting instructions under Rule 4.111 Supervised Individuals Returning to the Sending State.  If the supervised individual does not return to the sending state as ordered, then the sending state shall issue a warrant no later than 15 business days following the failure to appear in the sending state.

(b)  Except as required in Rules 5.101-1 Pending Felony or Violent Crime Charges, 5.102 Mandatory Retaking for a New Felony or New Violent Crime Conviction, 5.103 Supervised Individual Behavior Requiring Retaking and 5.103-1 Retaking Absconders at its sole discretion, a sending state may retake a supervised individual via warrant.  The sending state must notify the receiving state within 15 business days of the issuance of their warrant.  The receiving state shall assist with the apprehension of the supervised individual and shall notify the sending state once the individual is in custody on the sending state’s warrant. 

History: Adopted November 4, 2003, effective August 1, 2004; amended September 26, 2007, effective January 1, 2008; amended October 13, 2010, effective March 1, 2011; amended August 28, 2013, effective March 1, 2014; amended October 9, 2019, effective April 1, 2020; amended September 29, 2021, effective April 1, 2022, amended September 11, 2024, effective November 1, 2024

Rule Comment Period is Open

At its 2026 Annual Business Meeting, the Commission will consider amendments to rules, by-laws as well as use of a Violation Response Tool to support consistent, fair, and data-informed retaking decisions.