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

Rule 3.109 - Waiver of extradition

(a) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state.

(b) States that are party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice.

References: ICAOS Advisory Opinions

2-2005 [In seeking a compact transfer of supervision, the offender accepts that a sending state can retake them at anytime and that formal extradition hearings would not be required.]
3-2012 When a ‘fugitive from justice’ absconds, never having had their supervision transferred to a receiving state under the Compact and no application for transfer or waiver of extradition ever occurred, neither the Compact nor the ICAOS rules apply to the offender. The offender must then be apprehended and returned under the extradition clause of the U.S. Constitution.

History: Adopted November 4, 2003, effective August 1, 2004.