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3.101-2 - Discretionary Transfer of Supervision

Rule 3.101-2
Last Amended November 24, 2024

(a) A sending state may request transfer of supervision of a supervised individual who does not meet the eligibility requirements in Rule 3.101Mandatory Transfer of Supervision, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the supervised individual, promote public safety, and protect the rights of victims.

(b) The sending state shall provide sufficient documentation to justify the requested transfer.

(c) The receiving state shall have the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact specifying the discretionary reasons for rejection.

References:
ICAOS Advisory Opinions
4-2005 [Supervised individuals not eligible for transfer under the provisions of Rule 2.105 and Rule 3.101 are eligible for transfer of supervision as a discretionary transfer]
 

History: Adopted September 13, 2005, effective January 1, 2006; amended October 7, 2015, effective March 1, 2016, amended September 11, 2024, effective November 1, 2024

Rule Comment Period is Open

At its 2026 Annual Business Meeting, the Commission will consider amendments to rules, by-laws as well as use of a Violation Response Tool to support consistent, fair, and data-informed retaking decisions.