The Commission adopted Rule 3.103 to address those offenders subject to probation who need to relocate to a state prior to acceptance and receiving reporting instructions. This rule allows an offender who is living in the receiving state at the time of initial sentencing, or after disposition of a violation or revocation proceeding, to receive reporting instructions, allowing the offender to reside in the receiving state pending the reply for transfer of supervision. The rule only applies to offenders who are living in the receiving state at the time of initial sentencing or after disposition of a violation or revocation proceeding. Therefore, the rule does not apply to every probationer.
The sending state may grant a seven-day travel permit to an offender subject to Rule 3.103; and, the receiving state must issue reporting instructions no later than two days after receiving the sending state’s request. See Rule 3.103. (Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) business days and travel permits for ‘sex offenders’ shall not be provided until reporting instructions are issued). While an offender living in the receiving state would meet the eligibility requirements for reporting instructions under Rule 3.103, the receiving state may deny the transfer if the investigation reveals the offender does not satisfy the prerequisites of Rule 3.101, including not meeting the definition of resident as defined by the Compact rules. In the event of such a denial, the provisions of Rule 3.103(e) clearly require the offender to return to the sending state or be retaken upon issuance of a warrant. See ICAOS Advisory Opinion 3-2007.
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.