Interstate Compact for Adult Offender Supervision
The Interstate Compact for Adult Offender Supervision (ICAOS) is a nation-wide agreement that allows the transfer of an offender’s supervision plan from one state to another after they are released from court, jail, or prison. This agreement helps certain offenders achieve successful re-entry into the community by providing a new start to experience improved residential, employment, or social conditions.
The Virginia Interstate Compact Unit acts as the central authority in monitoring and regulating interstate transfers into and out of Virginia.
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 an offender and public safety to transfer supervision.
Offenders and their family are not able to initiate transfer requests for supervision to another state.
Offender meets eligibility criteria
The offender 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 an offender 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 continuously lived in a state for at least one year before committing the offense for which the offender is under supervision
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, an offender can have their transfer application submitted if their proposed supervisory plan would promote public and victim safety
- Be a resident of the Receiving State A resident is a person who:
- 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 offender 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 offender to register as a sex offender in the Sending State.
or eligible deferred sentence Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms and conditions applicable to all other offenders 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). Offenders 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 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.
Offender Stays in Contact with Supervisory Authority
Offenders should keep in regular contact with their probation officer or counselor for updates on their transfer status.