View Full Version : Questions about Interstate Compact


DovKille
03-14-2007, 04:24 AM
Bonjour,

My name is Jeremy. I am a Lutheran seminarian. I am new to this Prison Talk forum. I have a best friend who is incarcerated in Kentucky for drug offenses. He will have his parole hearing coming up in May. He is a young decent man who acknowledged his wrongdoings. He has accepted full responsibility and remores for his action. He admitted his guilt to me when I traveled to Kentucky and visited him in prison.

Last week he asked his institutional parole officer to send his Interstate Compact application to North Dakota where I reside. His institutional parole officer told him that he might not live in Florida where his parents live because of the retirement homes which is not considered suitable. His sister lives in Michigan, but the unfortunate problem is his sister still using illegal drugs. He is not allowed to associate with people who use illegal drugs. To the conclusion, I am his last resort. However, I am very willing to provide him housing, transportation, finanical help, meals and emotional & spiritual support.

To my understanding, his Interstate Compact case is discretionary since he and I are not related. How much chance would he see his request getting approved? Is it possible for a parolee to live with his friend who is not related to him? Should I contact the Interstate Compact office in Bismarck, ND regarding the concerns?

lilgirlblue
03-14-2007, 06:26 AM
people are often released to non relatives ..ie..girlfriends, boyfriends etc But I am not sure how the interstate compact works. Alot depends on there probation. You may have some insight by contacting his counselor at his current facility. They are the ones that help set up the release plan etc. Best of Luck to you and your friend and God Bless you both

JamiesGirl06
03-14-2007, 08:00 AM
It is my understanding that a relative has to live in the state that you want to go to. I am going to be dealing with this situation soon! We may have to marry earlier than planned, because we are not related. There are several places, and forums that have the information you need, right on this site! Look around, the rules are all explained! Good luck! I hope everything works out for your friend! :)

sunshinepool
03-15-2007, 10:52 PM
He has a shot at it but it is up to the recieving state if the parole officers there dont have a heavy case load and they are willing to take him on then you wont have any problems. The sending state will send the paper work but the state you live in will be the ones with the ultiminate decision. You can read the sticky FAQ on interstate compact it will help ya out good luck and God Bless

DovKille
03-16-2007, 10:11 AM
Thank you all for sharing your input with me. The institutional parole officer did ask my friend some questions to see if he meets the eligibility criteria. Unfortunately, he did not meet the eligibility requirement. Although his parole officer was willing to send out the transfer packet to North Dakota. Now, it is up to my state to make a decision. Hopefully, they approve the request.

:cool:

evl19
03-16-2007, 10:25 AM
you can do a google search for adult interstate compact for your state and see what are the requirements to possibly being approved for interstate compact. if his parole said he did not meet the criteria, then there is a highly possibility he will be denied, but certainly look into it yourself too to see what are the options you have to be approved. good luck.

DovKille
03-16-2007, 11:13 AM
you can do a google search for adult interstate compact for your state and see what are the requirements to possibly being approved for interstate compact. if his parole said he did not meet the criteria, then there is a highly possibility he will be denied, but certainly look into it yourself too to see what are the options you have to be approved. good luck.
I did google for the Interstate Compact for Adult Supervision requirements on my state. Nothing came up. Shall I call the Interstate Compact office in Bismarck, ND? Do you have any suggestions?

He did not meet the mandatory transfer criteria, but he did meet the discretionary transfer criteria. It means North Dakota, as a receiving state, will make a final decision. I am told that North Dakota is strongly interested in three things which are 1) suitable home placement; 2) aftercare like attending Narcotics Anonymous meetings; and 3) maintaining an employment if he has one or plans to find one.

If his transfer request were denied, then the parole board in Kentucky would put him on the streets somewhere, because my friend has no family and friends in Kentucky. He was raised and educated in Michigan but his parents moved to Florida about 2 months ago. Not enough time to establish the residency. For me, I have been living in North Dakota my whole life. That is why his institutional parole officer recommended him to live in North Dakota with me.

Like I said my friend has no family and friends in Kentucky. None at all. Why? He was arrested right by the state line Indiana and Kentucky. He was about 500 feet from the state line. The Kentucky state trooper arrested him. That is how he ended up in Kentucky prison.

However, I just have to wait and see what North Dakota gets to say upon their decision.

evl19
03-17-2007, 05:06 PM
let me see what i can find for you.

evl19
03-17-2007, 05:10 PM
here's what i found on www.interstatecompact.org (http://www.interstatecompact.org)

Commissioner: Warren R. Emmer (wemmer@nd.gov)
Department of Corrections
P. O. Box 5521
(Deliveries only: Field Services, 3100 Railroad Ave)
Bismarck, ND 58506-5521
Phone: (701) 328-6193
Fax: (701) 328-6186
Office email: icompact@state.nd.us (icompact@state.nd.us)
Email: wemmer@state.nd.us (wemmer@nd.gov)

Compact Administrator: Warren R. Emmer (wemmer@state.nd.us)
Deputy Compact Administrator: Charles Placek (cplacek@state.nd.us)
Department of Corrections
P. O. Box 5521
(Deliveries only: Field Services, 3100 Railroad Ave)
Bismarck, ND 58506-5521
Phone: (701) 328-6198
Fax: (701) 328-6186
Office email: icompact@state.nd.us (icompact@state.nd.us)
Email: wemmer@state.nd.us (wemmer@state.nd.us)
Email: cplacek@state.nd.us (cplacek@state.nd.us)


State Web Sites

State Home Page (http://www.discovernd.com/)
Legislative Home Page (http://www.state.nd.us/lr/)
Sex Offender Registry (http://www.ndsexoffender.com/)


Offender Information

Sex Offender Registration Requirements (http://www.interstatecompact.org/states/listing/sexoffenderregreq/North%20dakota.pdf)

State Council Members

Representative Ron Carlisle
Judge Georgia Dawson
States Attorney Wade Enget
Senator Stanley Lyson
Victim's Representative Amy Vorachek


Fees*

Supervision
$40 per month

Application
$150
*The offender pays $150 at the time of the application (non-refundable). Once accepted in the receiving state the sentencing county is billed $150. All offender's that request a travel permit pay $10 per permit. The revenue from these sources fund the Interstate Compact Return fund

evl19
03-17-2007, 05:22 PM
another website i found for you that may help:

http://www.interstatecompact.org/about/history/historical/ICAOS_Rules.pdf

more info:

Interstate Compact

The Interstate Compact for Adult Offender Supervision (ICAOS) is an agreement among 49 states, the District of Columbia and several U.S. Territories, whereby offenders on parole or probation supervision may transfer their supervision from one state to another.
The current agreement, which went into effect on August 1, 2004, replaced a similar agreement that dated from 1937. The intent of the ability to transfer a supervision case from one state to another is to place an offender in the best possible situation to ensure a successful law abiding term of parole or probation. It has been established that an offender’s prospects for success are improved when he or she is placed in a stable environment with supportive family and a means of financial support.
Transfer Process

An offender seeking a transfer to another state should let this be known to his or her supervising officer. That person has the information necessary to process eligible transfer requests. The ability for an offender to transfer to another state is considered a privilege and not an absolute right. Therefore, the Department of Corrections and individual supervising officers have discretion in processing requests for transfer. If an offender serving a prison term as a part of their sentences wishes to release from prison to another state, he or she should inform their assigned counselor of this fact 4 months prior to their scheduled release date.
Criteria For Eligibility

In order to transfer their supervision from one state to another, the offender must have supportive resident family in the receiving state and a viable means of financial support. Resident family is defined by rule as parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who has resided in the receiving state for 180 days or longer, and who has indicated a willingness to assist the offender.
The offender must have at least 90 days remaining on active supervision and be in compliance with the conditions of supervision to be eligible for an interstate compact transfer.
Frequently Asked Questions

Are there any provisions of the rules that allow for emergency transfer situations?

A state may if it wishes to do so make allowances for emergency situations that may not fall directly with the rules for eligibility. These exceptions are usually for significant employment or treatment program opportunities, or for severe medical situations regarding the offender or his or her family. There are also rules that make allowances for family moves to another state for employment or military deployment needs.
Do close relationships such as fiancée, significant other, common-law, or domestic partner qualify as “family?”

No. The rules of the compact agreement specifically define an eligible family member as parent, grandparent, aunt, uncle, adult child, adult sibling, spouse (legal husband or wife), legal guardian, and step-parent. Therefore non-legally recognized relationships would not be eligible.
As a resident of another state, does an offender have a right to return to that state?

In some circumstances, a legal resident of another state may be allowed a transfer to that state where the offender would not otherwise meet family eligibility. A resident of another state is defined by rule as a person who lives in one state for at least one year prior to coming to the state in which the offense occurred, and was not in the offense state for more than six months prior to the commission of the crime. The ability to transfer under this rule is not absolute.
How long does the transfer process take?

The receiving state is allowed 45 days to investigate the proposed transfer plan and report back to the sending state.
What does a transfer plan investigation entail?

Generally the field officer assigned to investigate placement at a residence in another state will arrange to meet with the family in the receiving state and inspect the residence. Some officer will want to insure that a family is aware of the offender’s criminal history, what restrictions they may be placed on and what obligations and roles the family can assume to insure a successful reintegration of the offender back to the community.
For what reasons would a transfer be denied?

An investigation of the transfer plan may reveal information that the proposed “family” does not meet the family criteria rule, or the family cannot or will not support pro social values, or the residence itself or its location does not insure compliance with conditions of supervision.
Where can I obtain more information regarding this interstate transfer program?

The Interstate Compact for Adult Offender Supervision maintains a national office in Lexington, Kentucky. You can obtain more information regarding this program by accessing their web site at www.interstatecompact.org (http://www.interstatecompact.org/).

RMD4EVER
03-18-2007, 12:56 PM
dov,I believe you are just gonna have to wait until the po comes out to your home to find out if they accept him or not! That pretty much applies to even when they are married to the inmate or family.They are just making sure its an actually residence and that you want him there.Good luck! I believe you have a good chance!