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Bench Book - 3.2.1 Offender Eligibility Criteria

Determining offender eligibility under the Compact requires a multi-prong analysis beginning with the broad definition of offender. An “offender” means “an adult placed under, or made subject to, supervision as a 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 terms and conditions of supervision.” See Art. II; Rule 1.101. If an offender is an “offender” for purposes of the Compact, qualification for transfer of supervision is determined by the nature of the offense and the nature of the supervision.

In interpreting the definition of “offender,” the Commission affirms that the type of supervision to be carried out in a receiving state is not a factor in determining whether an offender is eligible for transfer. See Advisory Opinion 9-2004: Additionally, because of the broad definition of offender, the Compact covers those under the supervision of probation and parole officials, departments of corrections, courts, related agencies, and private firms acting on behalf of the courts and corrections authorities.

PRACTICE NOTE: If an offender does not meet any of the eligibility criteria, the offender is not subject to the ICAOS. These factors may include failure to meet the definition of an offender, failure to commit an offense covered by the Compact, or not being subject to some form of community supervision. Offenders not subject to the ICAOS may, depending on the terms and conditions of their adjudication, be free to move across state lines without prior approval from the receiving state.

References

Definitions

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. 

Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.

Advisory Opinions