Interstate Compact Emergency Transfer.

As a result of the laws and regulations governing interstate compacts, an emergency interstate supervision transfer is not a matter that a sentencing judge can simply sign off on unilaterally. Instead, this complex process is administered by the Interstate Commission for Adult Offender Supervision (ICAOS) and depends on adherence to a strict set of rules and procedures.

While the sentencing judge or other authority may initiate the process and find a particular relocation attempt warranted, the authority to move forward with an interstate supervision transfer is not theirs alone. The sending state has the power to approve or deny an offender’s request to move to another state, and the receiving state’s decision also plays a significant role.

While the sending state has broad discretion to approve or reject an offender’s relocation request, the receiving state’s authority is more limited. If an offender is eligible for a transfer under Rule 3.101 and all necessary documentation and approval steps are completed, the receiving state generally is required to accept the transfer.

There is no universal emergency-transfer procedure identified in our initial research. Emergency transfers may be possible in some cases, but there is no single mechanism or procedure that establishes eligibility or approval in all cases. If you or a loved one is eligible for relocation under the Interstate Compact and is dealing with a true emergency situation, it is important to understand the specific rules and procedures involved with the transferring and receiving states in your specific situation, so you can promptly seek help from an experienced attorney who can guide you through the process.

Which Eligibility Facts Can Support an Interstate Compact Transfer?

Eligibility for emergency relocation under the Interstate Compact is determined on a case-by-case basis, and many of the facts relevant to eligibility involve compliance and documentation requirements. In many cases, eligibility can be established by demonstrating that the applicant’s case is appropriate for transfer, that there is time remaining in their supervision period, and that they have been compliant with their current supervision conditions and have developed a plan for continuing supervision in the receiving state.

As a general matter, applicants whose cases involve felony probation fall within the scope of the Interstate Compact transfer procedures. If the applicant was convicted of a misdemeanor offense, then eligibility depends on whether the case qualifies under Rule 2.105. If the applicant is ordered to complete at least one year of supervision, is otherwise eligible for relocation, and the instant offense includes one or more of the categories listed in Rule 2.105(a), then a misdemeanor case can also qualify for a transfer.

To qualify for interstate relocation, applicants must also meet Rule 3.101’s requirement to have more than 90 calendar days of supervision remaining. As Spodek Law Group notes, “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;”

Additionally, applicants seeking to relocate under the Interstate Compact must:

• Submit a valid supervision plan;
• Remain in substantial compliance with their current supervision conditions; and
• Meet other requirements of the applicable federal rules or state regulations.

Whether the supervised individual is sufficiently in compliance so as not to result in initiation of revocation proceedings is determined by the sending state. Substantial compliance does not mean perfect compliance; rather, it means that an applicant has made a good-faith effort to comply with the rules of their probation and has not committed a probation violation that would bar them from relocation.

How Does the Compact Process Document and Time the Request?

Rule 2.110 dictates that if a transfer request is eligible to proceed under the Interstate Compact, it must proceed under the rules and procedures established by the compact. These rules apply to both voluntary and involuntary transfers, and they take precedence over all other applicable rules, procedures, laws, or regulations.

The transfer process is not instantaneous, as applicants will need to provide their respective states with time to process their requests. While this can vary depending on whether an emergency request is filed and the extent of state involvement, processing generally takes approximately 45 days after the receiving state receives the application from the sending state. Given the timeframe involved, an interstate relocation may not be feasible for anyone in a truly emergency situation who has failed to address their transfer request in a timely manner.

Interstate compact transfer applications also require verified information and the offender’s signature. Applications must include details such as:

• The offense for which supervision was imposed;
• The orders for supervision imposed by the court;
• Any restrictions on the offender’s travel or relocation; and
• The offender’s current sex registry status (if applicable).

Depending on the circumstances involved, applications may need to include additional information as well. A copy of the applicant’s presentence investigation report must be included unless distribution is prohibited by law or the report does not exist; if the applicant has been on supervision for more than 30 calendar days, the supervision history must also be included.

Additionally, applicants will need to demonstrate that they have a valid and substantial attachment to the receiving state and that the receiving state has the capacity to provide suitable supervision. They will also need to provide the receiving state with the contact information for the people they intend to live and work with if their relocation request is approved.

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When May the Person Travel While the Receiving State Investigates?

Depending on the specific circumstances involved, the sending and receiving states may mutually agree to allow an applicant to remain in the receiving state while the investigation is completed. However, as our research indicates, the rules in place to support emergency transfers are complex. This includes the fact that if a person in need of emergency relocation proceeds with relocation into the receiving state without obtaining appropriate permission, they are generally not permitted to remain there pending receiving state investigation and their request for an interstate compact transfer may be rejected.

As a general rule, an applicant may not travel to the receiving state until the receiving state has replied to the transfer request, subject to specified exceptions. However, if the applicant has a job in the receiving state, he or she may continue working in the receiving state while the application is pending. He or she may need to return to the sending state, as required by the sending state, in order to maintain a connection to the state and to demonstrate commitment to transfer.

A sending state may request expedited reporting instructions under Rule 3.103-2 when emergency circumstances exist and the receiving state agrees; the receiving state must respond within two business days, and the sending state must transmit a completed transfer request by the seventh business day after reporting instructions are granted. However, in order for this to apply to your case, you will need to be able to affirmatively demonstrate your eligibility under the Interstate Compact and demonstrate compliance with all other relevant rules, procedures, laws, or regulations. As the research has indicated, if you need to make an interstate compact transfer request, doing so in conjunction with an experienced lawyer at Spodek Law Group is one of the best ways to move forward while avoiding issues with eligibility, documentation, and compliance.

What Costs, Victim Protections, and Other Supervision Rules Apply After Interstate Compact Acceptance?

While the process of obtaining acceptance for an interstate compact emergency transfer from a receiving state is complex, receiving states generally seek to make the transition as seamless as possible for all involved parties. Receiving states supervise transferred offenders in a manner comparable to similar in-state offenders, and they may impose probation conditions on transferred offenders that are comparable to the conditions that are imposed on probationers in the receiving state. However, the receiving state must also take into account the conditions imposed on the offender by the sending state.

For example, if an offender is convicted of a new felony offense or new violent crime in the receiving state, the sending state may be required to retake the offender under Rule 5.102. This means that the offender’s probation is subject to the authority of the original state’s supervision order, and that any violation of the conditions of original supervision must be reported to the original state as promptly as possible.

As noted in our research, “A receiving state shall notify a sending state of an act or pattern of behavior requiring retaking within 30 calendar days of discovery or determination by submitting a violation report.”

Once the receiving state has determined that the offender has either committed an offense or violated a condition of the original state’s order, it will contact the original state to determine what action is to be taken in response to the transferred individual’s violation. The original state then informs the receiving state of the decision it has made and, and the receiving state then informs the transferred individual of the original state’s decision. If the transferred individual is convicted of a new felony offense in the receiving state and the receiving state requests retaking after completion of incarceration or placement under supervision for that offense, the sending state shall retake the individual under Rule 5.102, subject to applicable procedures.

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