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

Bench Book - 3.3.1 Time of Transfer

The rules of the Commission can have significant impact on the time between final disposition of a case and when the offender can actually move to another state. To the extent that an offender is eligible for transfer under the Compact, a court does not have the authority to order the offender to the receiving state prior to acceptance. Therefore, it is possible that the offender, even if a resident of the receiving state, will have to remain within the custody of the sending state until such time that the transfer is approved and reporting instructions are issued by the receiving state.

Rule 3.102 requires the sending state to send a transfer application and all pertinent information prior to allowing the offender to relocate to the receiving state. Under Rule 3.104, a 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 transfer of the offender, 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 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.

With regard to incarcerated offenders applying for transfer of supervision upon release, under Rule 3.105, a sending state shall submit a completed request for transfer no earlier than 120 days prior to the offender’s planned 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 set out guidelines by which victims can request the opportunity to be heard on the offender’s transfer or return request. See Rule 3.108-1.

An offender applying for interstate transfer must agree to waive extradition from any state to which the offender may abscond while under supervision in the receiving state. States party to the Compact waive all legal requirements to extradition of offenders who are fugitives from justice. See Rule 3.109.