Interstate Compact for Adult Offender Supervision

How it Works

• 

  Supervising authority initiates request process

  To start the request process, the supervising authority must believe it would be in the best interest of the individual under supervision and public safety to transfer supervision.

• 

  Supervised individual meets eligibility criteria

  The supervised individual needs to meet the following eligibility criteria:

  • Has three or more months remaining on supervision
  • Be in compliance with their current supervision plan’s terms and conditions in the Sending State This means that a supervised individual is sufficiently following the terms and conditions of his or her supervision and the Sending State has not started the revocation process.
  • At least one of the following is true:
    • Be a resident of the Receiving State A resident is a person who:
      1.) has resided in a state for at least one year continuously and immediately prior to either the supervision start date or sentence date for the original offense for which transfer is being requested
      2.) that state will be the person’s main place of residence
      3.) has not, unless incarcerated or on active military deployment, remained in another state continuously for six months or more with the intent to establish a new main place of residence
    • Has resident family in the Receiving State willing and able to assist them A resident family member can include a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who:
      1.) has resided in the Receiving State for at least 180 calendar days as of the date the transfer request was made
      2.) indicates willingness and ability to assist the offender as specified in the supervision plan
    • Be an active military member who has been deployed to another state
    • Be a veteran eligible and referred by the Veteran’s Health Administration to another state for medical and/or mental health service
    • Lives with an active military family member who has been deployed to another state
    • Lives with a family member who has been transferred to another state by their full-time employer as a condition of maintaining employment
    • Will personally be transferred to another state by their full-time employer as a condition of maintaining employment
    • If none of the above are true, a supervisee can have their transfer application submitted if their proposed supervisory plan would promote public and victim safety
  • Has a valid plan of supervision in the Receiving State with a clear means of support. This can include employment, family support, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), worker’s compensation, etc.
  • The transferring offense was a conviction for a felony, eligible misdemeanor An eligible misdemeanor is an offense in which the supervised individual is sentenced at least one year of supervision AND the offense includes one or more of the following:
    1.) a person has received direct or threatened physical or psychological harm
    2.) involves the use or possession of a firearm
    3.) a second or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol
    4.) a sexual offense that requires the supervised individual to register as a sex offender in the Sending State.
    or eligible deferred sentence Supervised individuals subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms and conditions applicable to all other supervised individuals under this compact. Persons subject to supervision pursuant to a pre-trial release program, bail or similar program are not eligible for transfer under the terms and conditions of this compact.
    
  • Required to report to or be monitored by supervising authorities OR have any condition, qualification, special condition or requirement imposed (other than monetary). Supervised individuals sentenced to non-reporting/unsupervised terms of probation with special or standard conditions will still need to be transferred through the Interstate Compact.
• 

  Sending State submits application for transfer

  The Sending State will submit the application for transfer and include any required and requested documentation. Processing times may vary. The Receiving State has up to 45 days to respond.

  The receiving state may or may not approve a transfer request.

• 

  Supervised individuals stays in contact with supervisory authority

  Inmates and supervised individuals should keep in regular contact with their probation officer or counselor for updates on their transfer status.