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Questions About Interstate Transfers

There is no template for identifying emergency circumstances; rather it is up to the sending state and the receiving state to decide.

Discretionary transfers have the best chance for approval when it is clearly demonstrated that your chances of success are higher in the receiving state. Generally, it helps to have a solid job offer, suitable residence, completed treatment, all fines, court cost and restitution are paid and a favorable history of supervision. Even if all of the previously mentioned steps have been taken there are no guarantees that a discretionary transfer will be approved.

Resource: Rule 3.101-2

Temporary travel permits may be granted in some instances. However, if you abide by the following recommendations you can avoid violating your supervision and jeopardizing your pending transfer request.

  1. Follow the local policy and procedures for obtaining a travel permit from your supervising officer.
  2. Your supervising officer needs to obtain permission from the receiving state prior to issuing the travel permit.
  3. DO NOT travel to your destination (the receiving state) without their knowledge and permission under any circumstances.

If you follow these recommendations, your temporary travel permit should not have a negative impact on your transfer application.

Resource: Rule 3.102

Some states charge a fee to process an interstate transfer request application. Offenders should discuss this with their supervising officer when exploring the possibility of relocating. The offender should also ask about the receiving state’s policies in regards to their fees and cost of supervision.

Resource: State Transfer Fees

You can apply for transfer within 120 days of release if the officials in the sending state allow it. We suggest that you discuss it with your caseworker at the institution.

Resource: Rules 3.102  3.105

The 45-day requirement begins when your completed application is received in the receiving state. There is no timeline or obligation for a sending state to submit an application to the receiving state.

Resource: Rule 3.104

Continuing your education alone does not meet the standard for a mandatory transfer (see Rule 3.101) but the ICAOS Rules allow for discretionary transfers of supervision. Discretionary transfers require the sending state to provide sufficient documentation to justify a request to transfer and the receiving state has the right to accept or reject such a transfer request. We suggest you contact your probation/parole officer regarding your request to transfer.

Resource: Rule 3.101

The Application for Transfer clearly states that the offender will comply with terms and conditions placed on them by the sending or receiving state. Furthermore, the rules of the Compact clearly state that the receiving state has the authority to determine degree of supervision and impose additional conditions as long as such are consistent with the supervision of other similar offenders sentenced in the receiving state.

ICAOS rules do not require verification of bus or plane tickets, but individual state laws might.

Yes, an offender may request to return via a request for reporting instructions submitted to the sending state as long as the offender is not under active criminal investigation or charged with a subsequent criminal offense.

Resource: Rule 4.111

The relocation to another state for more than 45 consecutive days is covered by the Rules. Any travel less than 45 days, may be permissible at the discretion of the sending state in accordance with local laws and policy.

Attending an out-of-state treatment program for more than 45 days requires transferring your supervision through the Compact. As a side note, enrolling in an out-of-state program by itself does not constitute a mandatory acceptance.

That would be helpful, but our statutory responsibility is very specific and limited to processing transfers. Check with the Department of Corrections in the receiving state for assistance.

ICAOS does not cover the transfer of inmates between institutions. The Interstate Corrections Compact is a separate agreement that we are not a part of. Contact your institutional caseworker for more information.

Rule 4.101 says the receiving state has to supervise incoming offenders under this compact in the same way they would supervise their own similarly sentenced offenders within their state line. In other words, the receiving state is not required to reduce your supervision just because that is the practice in the sending state

Resource: Rule 4.101