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Bench Book - 3.3.2 Pre-Acceptance Testing

An offender who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition of acceptance of the transfer. Such “pre-acceptance” requirements imposed on otherwise eligible offenders constitute additional requirements not authorized by the Compact or commission rules. Imposing additional requirements on offenders not contemplated by the Compact or its rules constitutes an impermissible and unilateral attempt to amend the Compact. Although certain testing requirements may be applied equally to in-state and out-of-state offenders, such requirements cannot operate to foreclose offenders from transferring their supervision. See also ICAOS Advisory Opinion 5-2006 (requiring sending state to establish sex offender risk level is inappropriate where similar requirement is not imposed on offenders in receiving state).