In interpreting the ICAOS and its rules, eligibility to transfer supervision is controlled by the nature of the offense, the nature of the sentence and the status of the offender, not the duration of supervision (as distinguished from the amount of supervision remaining under Rule 3.101.) Rule 4.102 states, “A receiving state shall supervise an offender transferred under the interstate Compact for a length of time determined by the sending state.” (Emphasis added) Therefore, the duration of supervision rests exclusively within the authority of the sending state. Officials in the receiving state have little to no discretion in the matter. The ICAOS rules require a receiving state to supervise an out-of-state offender even if the duration of that supervision would supersede the duration of supervision normally afforded an in-state offender.
Several states operate supervision programs designated as “CSL” programs, or “Community Supervision for Life” in an effort to monitor high-risk offenders, such as sex offenders. These programs generally require that high-risk offenders be subject to continuing community-based supervision for very long periods, including the natural life of the offender. This puts an obligation on the receiving state to provide a level of supervision that its own state laws may not recognize. Additionally, CSL programs can be a significant resource drain adding pressure on receiving states to either reject such cases or prematurely terminate supervision of the offender. (See the example of New York and New Jersey referenced in ICAOS Advisory Opinion 9-2004).
Click terms below to reveal definitions used in this rule.
Supervision – means the oversight exercised by authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which time the offender is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.