According to the Commission’s definition of “supervised individual,” the ICAOS can regulate a wide range of adults under supervision. An individual does not need to be on formal “probation” or “parole” to be eligible for transfer and supervision under the ICAOS. To qualify for an initial transfer of supervision under the ICAOS, the individual must (1) be under some form of community supervision, which can include supervision by a court, paroling authority, probation authority, treatment authority, or any person or agency providing supervision services under contract, and (2) have committed an offense covered by the Compact’s rules.
Supervised individuals eligible for transfer of supervision under the ICAOS and its rules include:
Those subject to traditional parole or probation, e.g., individuals found guilty and sentenced (Rule 1.101 “Supervised Individual”);
Those subject to deferred sentencing such as suspended imposition of sentences if some form of community supervision and/or reporting is a condition of the court’s order (Rule 2.106);
Those subject to deferred execution of sentence if some form of community supervision and/or reporting is a condition of the court’s order (Rule 1.101 “Supervision”);
Those subject to other “non-standard” forms of disposition as determined by the Commission if some form of community supervision and/or reporting is a condition of the court’s order (Rule 1.101 “Supervision”);
A juvenile treated as an adult by court order, statute, or operation of law;
A misdemeanant provided they are subject to one year or more supervision and were convicted of one of the following offenses:
An offense resulting in direct physical or psychological harm to another person (See ICAOS Advisory Opinion 16-2006);
An offense involving the possession or use of a firearm (See ICAOS Advisory Opinion 1-2011);
A second or subsequent conviction of driving while impaired by drugs or alcohol (See ICAOS Advisory Opinion 7-2006); or
A sexual offense that requires the supervised individual to register as a sex offender under the laws of the sending state (Rule 2.105); and,
Those subject to deferred prosecution programs, to the extent that participation in such programs requires the supervised individual to make material admissions of fact and waive all or some of their constitutional rights. (Rule 2.106; See ICAOS Advisory Opinion 6-2005.)
PRACTICE NOTE