When interpreting the ICAOS and its rules, eligibility for transferring supervision hinges on the nature of the offense, the sentence imposed, and the status of the supervised individual, rather than the duration of supervision remaining under Rule 3.101. Rule 4.102 specifies, “A receiving state shall supervise individuals transferred under the interstate Compact for a length of time determined by the sending state” (emphasis added). Therefore, the duration of supervision is solely within the jurisdiction of the sending state, leaving officials in the receiving state with minimal discretion in this regard. The ICAOS rules mandate that a receiving state must supervise an out-of-state individual, even if this supervision period exceeds that typically allotted to an in-state individual.

Several states have supervision programs known as “CSL” or “Community Supervision for Life,” designed to monitor high-risk individuals, such as sex offenders. These programs typically require that such individuals undergo extended community-based supervision, potentially for the duration of their lives. This imposes a requirement on the receiving state to provide a level of supervision that may not be recognized by its own laws. Additionally, CSL programs can strain resources significantly, putting pressure on receiving states to either reject these cases or prematurely terminate supervision. (Refer to the example of New York and New Jersey in ICAOS Advisory Opinion 9-2004.)