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Bench Book - 3.3.2 Pre-Acceptance Testing

A supervised individual who is otherwise eligible for transfer under Rule 3.101 may not be required to submit to psychological testing by the receiving state as a condition for accepting the transfer. Imposing such “pre-acceptance” requirements on eligible supervised individuals introduces additional conditions not authorized by the Compact or commission rules. This action represents an impermissible and unilateral attempt to amend the Compact. While certain testing requirements may apply equally to both in-state and out-of-state supervised individuals, these requirements cannot prevent the transfer of supervision. See also ICAOS Advisory Opinion 5-2006 (it is inappropriate to establish a sex offender risk level if a similar requirement is not imposed on supervised individuals in the receiving state.)