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

Bench Book - 3.3.3 Post-Acceptance Testing

Although receiving states may not impose pre-acceptance requirements on offenders that would violate a state’s obligations under the Compact, the Compact and its rules would not prevent the receiving state from imposing post-acceptance testing requirements on an offender. An offender otherwise eligible for transfer under Rule 3.101 must be accepted by the receiving state without obstacle. Once accepted, the receiving state may impose additional requirements on the offender provided the additional requirements apply equally to in state and out-of-state offenders. An offender’s failure to meet the additional requirements, e.g. sex offender registration or psychological testing, could be grounds for retaking. The same rule would apply to discretionary transfers under Rule 3.101-2. See Critelli v. Florida, 962 So.2d 341 342-44 (Fl. Dist. Ct. App. 2007).