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Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

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

Transferring an individual’s supervision through the Compact does not deprive the sending state of jurisdiction over the individual unless the record indicates 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 individual for supervision purposes, the sending state retains jurisdiction for 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 individual 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 independently initiate criminal proceedings against supervised individuals who commit crimes while in that state. See Rule 5.101-1. However, the receiving state cannot revoke the probation or parole imposed by the sending state as part of the individual's conviction for these crimes. Additionally, whether the sending state continues to exercise jurisdiction over a supervised individual or has relinquished or forfeited that jurisdiction is a matter determined solely 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 a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual 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 supervised individual at the time of release to the community or during the period of supervision in the community.

Supervised Individual – means an “offender” defined by Article II of the Interstate Compact for Adult Offender Supervision as an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the Compact.

Advisory Opinions