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

Bench Book - 3.3.4 Transfer of Supervision of Sex Offenders

The Commission recognizes that the transfer of sex offenders is complex due to individual state laws regarding sex offender registries and various residency and employment restrictions. Rule 3.101-3 addresses these challenges in order to promote offender accountability, public safety, and sharing comprehensive information regarding these offenders and their offenses. The process of transferring supervision of this high-risk population is uniform in regulation.

This rule specifically provides exceptions to the procedures for issuing reporting instructions for sex offenders who meet the criteria of Rules 3.101-1, 3.103 and 3.106 as addressed in previous sections. In cases of sex offenders, there is a disallowance for travel permits. Accordingly, a sex offender must remain in the sending state until issuance of reporting instructions. A receiving state has five (5) business days to review an offender’s proposed residence and respond to a request for reporting instructions. A denial may result if similar sex offenders sentenced in the receiving state would not be permitted to live at the proposed residence.  

In addition to providing these exceptions, this rule also prohibits a sex offender from any travel outside of a sending state pending a request for transfer. The rules re quire a sending state to provide additional information at the time the transfer request is made, if available. This additional information requirement assists the receiving state in determining risk and appropriate supervision levels for sex offenders. See Rule 3.101-3. To implement further special considerations and processes for sex offenders, the Commission defines a sex offender as:

[A]n adult placed under, or subject to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies and who is required to register as a sex offender either in the sending or receiving state and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision. See Rule 1.101.

PRACTICE NOTE: The Commission recognizes that state laws may differ with regard to the criteria which classify a person as a sex offender. Therefore, the definition of sex offender provided in the Compact rules does not impinge on individual state definitions or registration requirements in a receiving state, but rather whether the offender is required to register as a sex offender in the sending state or being supervised as a sex offender.

References

Definitions

Click terms below to reveal definitions used in this rule.

Adult – means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

Sex Offender – means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is registered or required to register as a sex offender in the sending or is under sex offender terms and conditions in the sending state and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision;