At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the supervised individual:
(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and
(b) has a valid plan of supervision; and
(c) is in substantial compliance with the terms of supervision in the sending state; and
(d) is a resident of the receiving state; or
(e)
has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
can obtain employment in the receiving state or has means of support.
References:
ICAOS Advisory Opinions
7-2004 [While the sending state initially controls the decision to allow the supervised individual to transfer under the Compact, the receiving state has no discretion in whether or not to accept the case, as long as the individual satisfies the criteria provided in this rule]
9-2004 [Individuals sentenced under New Jersey’s Community Supervision for Life (CSL) statute meet the definition of supervised individuals and are eligible for transfer and return under ICAOS]
4-2005 [Supervised individuals not meeting criteria of 2.105 or 3.101 may be transferred under Rule 3.101-2, discretionary transfer]
8-2005 [The sending state determines if a supervised individual is in substantial compliance. If a sending state has taken no action on outstanding warrants or pending charges the individual is considered to be in substantial compliance]
5-2006 [Rule 3.101 does not permit a receiving state to place conditions and requirements on supervised individuals prior to transfer under the compact.]
2-2007 [A receiving state is not authorized to deny a transfer based solely on the fact that the supervised individual intends to reside in Section 8 housing]
History: Adopted November 3, 2003, effective August 1, 2004; amended October 26, 2004, effective January 1, 2005; amended September 13, 2005, effective January 1, 2006; amended October 4, 2006, effective January 1, 2007; amended September 26, 2007, effective January 1, 2008; amended August 28, 2013, effective March 1, 2014, amended September 11, 2024, effective November 1, 2024