(a) A misdemeanor supervised individual whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101 Mandatory Transfer of Supervision, have been satisfied; and the instant offense includes one or more of the following—
an offense in which a person has incurred direct or threatened physical or psychological harm;
an offense that involves the use or possession of a firearm;
a 2nd or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol;
a sexual offense that requires the supervised individual to register as a sex offender in the sending state.
References:
ICAOS Advisory Opinions
4-2005 [Supervised individuals not meeting criteria of 2.105 may be transferred under Rule 3.101-2, discretionary transfer]
7-2006 [There are no exceptions to applicability of (a)(3)based on either the time period between the 1st and subsequent offense(s) or the jurisdiction in which the convictions occurred]
16-2006 [If the law of the sending state recognizes the use of an automobile as an element in an assault offense and the supervised individual is so adjudicated, Rule 2.105 (a)(1) applies]
1-2011 [All violations involving the use or possession of a firearm, including hunting, are subject to Compact transfer.]
History: Adopted November 3, 2003, effective August 1, 2004; amended March 12, 2004; amended October 26, 2004, effective January 1, 2005; amended October 7, 2015, effective March 1, 2016, amended September 11, 2024, effective November 1, 2024