According the Commission’s definition of “offender,” the Commission can regulate the full range of adult offenders. An adult offender does not have to be on a traditionally applied formal “probation” or “parole” status to qualify for transfer and supervision under the ICAOS. To initially qualify for transfer of supervision under the ICAOS, the offender must (1) be subject to some form of community supervision, including supervision by a court, paroling authority, probation authority, treatment authority or anyone person or agency acting in such a capacity or under contract to provide supervision services, and (2) have committed a covered offense as defined by the rules.
Offenders ELIGIBLE FOR TRANSFER of supervision under the ICAOS and its rules include:
PRACTICE NOTE: Pursuant to Rule 2.110, with limited exception, no state may allow a person covered by the Compact to relocate to another state except as provided by the Compact and its rules. Therefore, a court cannot order or direct an eligible offender to leave a state and relocate to another state unless such relocation occurs in accordance with the Compact and its rules.
Those NOT ELIGIBLE FOR TRANSFER of supervision under the ICAOS and its rules include:
Click terms below to reveal definitions used in this rule.
Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.