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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Bench Book - 3.2.1 Eligibility Criteria

 Determining eligibility under the Compact 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 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: If a supervised individual does not satisfy the eligibility criteria, they are not governed by the ICAOS. Reasons for ineligibility may include failing to meet the definition of a supervised individual, not having committed an offense covered by the Compact, or not being under any form of community supervision. Individuals who are not subject to the ICAOS may, depending on the terms of their adjudication, be able to move across state lines without needing prior approval from the receiving state.

References

Definitions

Click terms below to reveal definitions used in this rule.

Supervised Individual – means an “offender” defined by Article II of the Interstate Compact for Adult Offender Supervision as 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 Compact.

Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual 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 supervised individual at the time of release to the community or during the period of supervision in the community.

Advisory Opinions