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

Bench Book - 3.4.2.2 Continuing Jurisdiction over Offenders Between the Sending & Receiving States

Transferring an offender’s supervision pursuant to the Compact does not deprive the sending state of jurisdiction over the offender, unless it is clear from the record that the sending state intended to relinquish jurisdiction. See, e.g., Scott v. Virginia, 676 S.E.2d 343, 347 (Va. App. 2009); State v. Lemoine, 831 P.2d 1345 (Kan. Ct. App. 1992). While the receiving state exercises jurisdiction over the offender for purposes of supervision, the sending state retains jurisdiction over the offender for purposes of probation or parole revocation. See ICAOS Advisory Opinion 3-2008.

The Compact does not give the receiving state the authority to revoke the probation or parole imposed by authorities in a sending state, nor can a receiving state decide not to provide supervision once the offender transfers in accordance with the ICAOS rules. See Scott v. Virginia supra. at 347; See also, Peppers v. State, 696 So. 2d 444 (Fla. Dist. Ct. App. 1997). A receiving state may, independent of the sending state, initiate criminal proceedings against offenders who commit crimes while in the receiving state. See Rule 5.101-1. However, a receiving state may not revoke the probation or parole imposed on the offender by the sending state as part of the offender’s conviction for such crimes. Moreover, whether a sending state continues to exercise jurisdiction over an offender, or has relinquished or forfeited that jurisdiction, is generally a matter that determinable only by the sending state.

References

Definitions

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.

Advisory Opinions