Rule 2.105 limits the types of misdemeanor cases eligible for transfer under the Compact. Unlike felony convictions, misdemeanor offenses are eligible only if they are subject to at least one (1) year of supervision and fall within one of the following categories:
an offense in which a person has incurred direct or threatened physical or psychological harm;
an offense that involves the use or possession of a firearm;
a 2nd or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol;
a sexual offense that requires the supervised individual to register as a sex offender in the sending state.
Misdemeanor cases that do not fall within one of these four categories are not eligible for transfer under the Compact, regardless of the length or conditions of supervision. When determining whether a misdemeanor qualifies as an “physical or psychological harm,” states should look to the underlying conduct and statutory elements of the offense rather than relying solely on how the offense is labeled. Similarly, firearm-related misdemeanors qualify when the offense includes the use, possession, or discharge of a firearm as an element of the crime. Sexual misdemeanor offenses requiring registration in the sending state are also eligible, regardless of how the offense is otherwise classified.
As noted in ICAOS Advisory Opinion 7-2006, special attention must be given to second or subsequent misdemeanor DUI/DWI convictions. Because state laws vary in how repeat offenses are classified and sentenced, the commission considers the actual number of convictions, not how the offense is treated for sentencing purposes. Even if a court sentences a repeat DUI as if it were a first offense, the compact applies if it is factually a second or subsequent conviction.
Importantly, eligibility under Rule 2.105 does not eliminate the requirement that the supervised individual meet the transfer criteria under Rule 3.101. A qualifying misdemeanor must still satisfy supervision duration, substantial compliance, and valid plan requirements. Rule 2.105 reflects the commission’s intent to limit misdemeanor transfers to those offenses presenting elevated public safety concerns while excluding routine misdemeanor supervision from compact eligibility.