The Commission's rules can significantly affect the time between the final disposition of a case and the supervised individual’s ability to move to another state. Even if the supervised individual is eligible for transfer under the Compact, the court cannot order the individual to relocate to the receiving state before it has accepted the transfer. Consequently, the individual may need to remain under the custody of the sending state until the transfer is approved and the receiving state issues reporting instructions, even if they are a resident of the receiving state.

Rule 3.102 requires the sending state to send a transfer application and all pertinent information allowing prior to he supervised individual to relocate to the receiving state. Under Rule 3.104, the receiving state has up to 45 days to investigate and respond to a sending state’s transfer request. There are provisions for emergency transfers to expedite reporting instructions. See Rule 3.106. As noted, Rule 3.103 provides a limited probation exception to restrictions on transfer prior to acceptance. In general, however, a probationer or parolee is not allowed to travel to a receiving state (unless for employment or medical purposes previously established prior to the transfer request) until the receiving state has investigated, accepted the transfer of the supervised individual, and issued reporting instructions. See Rule 3.102.

In the event the sending state fails to provide all needed information as required by Rule 3.107, the receiving state shall reject the request and provide specific reason(s) for rejection. See Rule 3.104(b). Therefore, failure to transmit all necessary information when requesting a transfer may substantially delay the processing of the transfer request and such insufficiencies may result in a denial of a transfer by the receiving state.

For incarcerated individuals seeking to transfer their supervision upon release, Rule 3.105 stipulates that the sending state must submit a completed transfer request no earlier than 120 days before the individual’s scheduled release from a correctional facility. This rule has been interpreted to mean that “the process for transferring parole to a sister state cannot be commenced until the inmate is given a release date.” In re Sauers, (No H034179, 2010 WL 290584 at *9 fn 6 (Cal. Ct. App. Jan 26, 2010).

In addition, within one business day of receiving reporting instructions or acceptance of transfer by a receiving state, the sending state must notify crime victims, pursuant to applicable state law, that a transfer will occur. See Rule 3.108. The rules also provide guidelines for victims to request the opportunity to be heard regarding the supervised individual’s transfer or return request. See Rule 3.108-1.

A supervised individual seeking an interstate transfer must agree to waive extradition from any state to which they might abscond while under supervision in the receiving state. States that are party to the Compact waive all legal requirements for the extradition of supervised individuals who become fugitives from justice. See Rule 3.109.