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Interstate Commission for Adult Offender Supervision | Ensuring Public Safety for the 21st Century

Bench Book - 3.3.1.1 Expedited Transfers

Through its rules, the Commission allows an “expedited” option, which effectively allows the offender to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, the sending and receiving state must agree that an emergency exists justifying such a transfer. See Rule 3.106. The receiving state must provide a response to a request for expedited reporting instructions no more than two (2) business days after receiving the sending state’s request. (Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) business days.) After which, the sending state, upon obtaining the offender’s signature on all necessary forms, must issue a departure notice at the time the offender leaves the state. The granting of expedited instructions does not limit the authority of the receiving state to eventually reject the transfer of supervision upon a full investigation. In such event, the offender is required to return to the sending state. If the offender fails to return to the sending state, retaking procedures must be initiated to obtain custody and return the offender. Retaking in this context would not appear to trigger the probable cause hearing requirements in Rule 5.108 unless revocation of conditional release is contemplated by the sending state based on violations committed in the receiving state while the transfer is pending.

References

Definitions

Click terms below to reveal definitions used in this rule.

Reporting Instructions – means the orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state.