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Old 06-16-2006, 12:37 AM
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Default FAQ - Interstate Compact

All transfers of parolee’s and probationers that are on community supervision on State sentences can be transferred to another state (receiving state) if the sentencing state (sending state) allows it and the receiving stated accepts the transfer request (Federal Probation is a separate issue not covered on this FAQ). The process is governed by the Interstate Commission for Adult Offender Supervision (ICAOS). Every US state has passed legislation (laws) that granted them membership into the Interstate Compact Agreement and legally bound the states to the rules and procedures passed by the ICAOS. The ICAOS can and has sued states who willfully ignore these rules and procedures. A sentencing state (sending state) has complete decision making authority as to who they will allow to request a transfer. An offender has no legal right to be transferred to another state. The following are the most frequently asked questions we get on this topic. Please read these before posting a question in “Interstate Compact Agreement”

Q. My significant other would like to move to my state when he gets released on parole or probation, how do we make this happen?

A. The first step for a parolee is to talk to their prison case manger (or equivalent prison staff) this person should have been trained on the Interstate Compact (although many have not been). The compact rules indicate a state can submit a transfer request of a parolee to another state no earlier than 120 days from the projected release date (PRD). In the case of a probationer he would ask his supervising probation officer.

The basic criteria to be eligible for a transfer are:

(a) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision–

(1) is in substantial compliance with the terms of supervision in the sending state and
(2) is a resident of the receiving state; or
(3) (A) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and

(B) can obtain employment in the receiving state or has a visible means of support.

(b) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision.

Q. How long does a transfer take?

A. The sending state has to put the packet together first and depending on the workload and motivation of the DOC staff responsible for this it could take 2-3 weeks. Per compact rules the receiving state has 45 days to investigate and respond to another states request upon receiving a packet (the packet has to be complete for the time to start and it’s considered received by the 5th day after it was mailed). In many cases the 45 days is extended due to processing paperwork from one desk to another. In the coming year this entire process will be going paperless so the process time should be cut in half.

Q. Is there anything I can do to get the transfer going or speed up the process?

A. Not likely as the entire process is done by DOC staff and the offender is the one who has to request the transfer. You can make sure the offender has all the address, potential employment info and be sure to make yourself available when a PO from your state contacts you during the investigation.

Q. My significant other and I are not married, he has no other family in my state and was not a resident of my state when the crime was committed, can he still transfer here?

A. Yes but he will not be a mandatory transfer so your state can deny it without even investigating. Also, the sentencing state may not even allow him to request a transfer if he doesn’t meet the mandatory transfer criteria as it is a lot of paperwork and many states are denying request they are not obligated to accept.

Q. My PO won’t let me transfer and I meet all the criteria, can I go over his/her head?

A. The compact leaves it up to the state on whether to allow an offender to transfer so there is no compact rule that governs this. That means your defer to the individual states and their policies. If the state leaves the decision up to the supervising officer then the only option is going to the PO supervisor. This will likely anger the PO so if you choose to do it make sure you can convince the supervisor that the move is in the best interest of the community, offender and offers the best chance for the offender to succeed.

Q. My transfer was denied by the receiving state, can I appeal the denial?

A. No, only the sending state can challenge another states denial. The offender would have to ask the supervising PO and/or Interstate Compact Office in his state to challenge a denial.

Q. My probation was transferred from one state to another; can the PO in the new state get my probation terminated early?

A. No only the sentencing state (sending state) can terminate probation early. The PO in the receiving state can send a letter of support but it will depend on the laws and policies of the sending state on whether to terminate early or not.

Q. If I transfer to another state do I have to follow the conditions of the sentencing state (sending state) or the receiving state?
A. Both, a receiving state uses the conditions sent to them my your state and at the time of the investigation (or a later date as things may change) the receiving state can add any special condition that you would or could have been subjected to if your where convicted in the receiving state.
“Remember ye not the former things, neither consider the things of old. Behold, I will do a NEW THING.... "
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