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Rule 3.105 - Pre-release transfer request
(a) A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to an offender’s planned release from a correctional facility.

(b) If a pre-release transfer request has been submitted, a sending state shall notify a receiving state:

    (1) if the planned release date changes; or
    (2) if recommendation for release of the offender has been withdrawn or denied.
(c) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the 5th business day following the offender’s intended date of departure and shall provide immediate notice of such withdrawal to the sending state.

References:
ICAOS Advisory Opinions
5-2005 [A sending state must notify a receiving state if a parolees release date has been withdrawn or denied]
1-2009 [A sending state may request that a receiving state investigate a request to transfer supervision under the compact prior to the offender’s release from incarceration when the offender is subject to a “split sentence” of jail or prison time and release to probation supervision.]
2-2012 [Neither the acceptance of a request for transfer by a receiving state nor approval of reporting instructions can be the basis for either the determination of whether the sending state will release an offender from a correctional facility or the planned release date.]

History: Adopted November 4, 2003, effective August 1, 2004; amended September 14, 2011, effective March 1, 2012; amended August 28, 2013, effective March 1, 2014.
    

“Transferring Supervision to the Receiving State” Training Resources



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