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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Bench Book - 3.3.1.1 Expedited Transfers

 The Commission’s rules provide an “expedited” option, allowing a supervised individual to transfer supervision on a “pending acceptance” basis. To qualify for expedited reporting instructions, both the sending and receiving states must agree that an emergency justifies such a transfer. See Rule 3.106. The receiving state must respond to a request for expedited reporting instructions no more than two (2) business days after receiving the sending state’s request. (Rule 3.101-3 applicable to sex offenders extends the receiving state’s response to five (5) business days.) After obtaining the supervised individual’s signature on all necessary forms, the sending state must issue a departure notice when the individual leaves the state. Granting expedited instructions does not limit the receiving state’s authority to reject the transfer upon full investigation. If the transfer is rejected, the supervised individual must return to the sending state. If the individual fails to return, retaking procedures must be initiated to regain custody and return them. In this context, retaking does not appear to trigger the probable cause hearing requirements of Rule 5.108 unless the sending state is considering revoking conditional release based on violations committed in the receiving state while the transfer is pending.

References

Definitions

Click terms below to reveal definitions used in this rule.

Reporting Instructions – means the orders given to a supervised individual by a sending or receiving state directing the individual to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the supervised individual is directed to report in the receiving state.