Interstate Commissioner for Audlt Offender Supervision (ICAOS) Logo

Rule 3.101-1 - Mandatory Reporting Instructions and Transfers of Military, Families of Military, Family Members Employed, Employment Transfer, and Veterans for Medical or Mental Health Services

(a) At the discretion of the sending state, a supervised individual shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer for:

  1. Transfers of military members—A supervised individual who is a member of the military and is under orders in another state, shall be eligible for reporting instructions and transfer of supervision. A copy of the military orders shall be provided at the time of the request.
  2. Transfer of supervised individuals who live with family who are members of the military—A supervised individual who meets the criteria specified in Rules 3.101 (a), (b), & (c) and (e)(2) and who lives with a family member who is under orders in another state, shall be eligible for reporting instructions and transfer of supervision, provided that the supervised individual will live with the military member in the receiving state. A copy of the military orders shall be provided at the time of the request.
  3. Employment transfer of family member to another state—A supervised individual who meets the criteria specified in Rules 3.101 (a), (b), & (c) and (e)(2) and whose family member, with whom he or she resides, is transferred to another state by their full-time employer, at the direction of the employer and as a condition of maintaining employment, shall be eligible for reporting instructions and transfer of supervision, provided that the supervised individual will live with the family member in the receiving state. Documentation from the current employer noting the requirements shall be provided at the time of the request.
  4. Employment transfer of the supervised individual to another state—A supervised individual who meets the criteria specified in Rules 3.101 (a), (b), & (c) and is transferred to another state by their full-time employer, at the direction of the employer and as a condition of maintaining employment shall be eligible for reporting instructions and transfer of supervision. Documentation from the current employer noting the requirements shall be provided at the time of the request.
  5. Transfers of veterans for medical or mental health services—A supervised individual who meets the criteria specified in Rules 3.101 (a), (b), & (c) and who is a veteran of the United States military services who is eligible to receive health care through the United States Department of Veterans Affairs, Veterans Health Administration and is referred for medical and/or mental health services by the Veterans Health Administration to a regional Veterans Health Administration facility in the receiving state shall be eligible for reporting instructions and transfer of supervision provided:
  • (A) the sending state provides documentation to the receiving state of the medical and/or mental health referral or acceptance; and
  • (B) the transfer of supervision will be accepted if the supervised individual is approved for care at the receiving state Veterans Health Administration facility.

(b) The receiving state shall issue reporting instructions no later than 2 business days following receipt of such a request from the sending state.

(c) (c) If the receiving state rejects the transfer request for a supervised individual who has been granted reporting instructions and has arrived in the receiving state, the receiving state shall initiate the return to the sending state under the requirements of Rule 4.111.

(d) If the sending state fails to send a completed transfer request by the 15th business day for a supervised individual who has been granted reporting instructions and has arrived in the receiving state, the receiving state may initiate the return to the sending state under the requirements of Rule 4.111.

History: Adopted September 13, 2005, effective January 1, 2006; amended October 4, 2006, effective January 1, 2007; amended September 26, 2007, effective January 1, 2008; amended November 4, 2009, effective March 1, 2010; amended August 28, 2013, effective March 1, 2014; amended October 7, 2015, effective March 1, 2016; amended October 11, 2017, effective March 1, 2018; amended October 9, 2019, effective April 1, 2020, amended September 11, 2024, effective November 1, 2024

References

Definitions

Click terms below to reveal definitions used in this rule.

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.

Receiving State – means a state to which a supervised individual requests transfer of supervision or is transferred.

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.

Shall – means that a state or other actor is required to perform an act, the nonperformance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.

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.

Rules

Bench Book

Training Modules

Content Navigation

Related Search Results

ICAOS Rules

Bench Book Chapter