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Interstate Commission for Adult Offender Supervision | Ensuring Public Safety for the 21st Century

Rule 2.105 - Misdemeanants

(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more of the following—

  1. an offense in which a person has incurred direct or threatened physical or psychological harm;
  2. an offense that involves the use or possession of a firearm;
  3. a 2nd 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.

References: ICAOS Advisory Opinions

4-2005 [Misdemeanant offender not meeting criteria of 2.105 may be transferred under Rule 3.101-2, discretionary transfer]
7-2006 [There are no exceptions to applicability of (a)(3)based on either the time period between the 1st and subsequent offense(s) or the jurisdiction in which the convictions occurred]
6-2006 [If the law of the sending state recognizes the use of an automobile as an element in an assault offense and the offender is so adjudicated, Rule 2.105 (a)(1) applies]
2-2008 [Based upon the provisions of the ICAOS rules, offenders not subject to ICAOS may, depending on the terms and conditions of their sentences, be free to move across state lines without prior approval from the receiving state and neither judges nor probation officers are prohibited by ICAOS from allowing such offenders to travel from Texas to another state] 
1-2011 [All violations involving the use or possession of a firearm, including hunting, are subject to Compact transfer.]

History: Adopted November 3, 2003, effective August 1, 2004; amended March 12, 2004; amended October 26, 2004, effective January 1, 2005; amended October 7, 2015, effective March 1, 2016.