Determining eligibility under the ICAOS involves a multi-faceted analysis, starting with the broad definition of a “supervised individual.” According to Rule 1.101, a supervised individual is an adult who is placed under supervision due to a criminal offense and is released into the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request a transfer of supervision according to the terms of their supervision. Once an individual qualifies as a supervised individual under the Compact, eligibility for a transfer of supervision is assessed based on the nature of the offense and the specifics of the supervision.
In interpreting the definition of “supervised individual,” the Commission has clarified that the type of supervision to be provided in the receiving state does not affect transfer eligibility. (See ICAOS Advisory Opinion 9-2004.) Additionally, due to the broad scope of the definition, the Compact encompasses individuals under the supervision of probation and parole officials, correctional departments, courts, related agencies, and private entities acting on behalf of these authorities.
PRACTICE NOTE