The Commission recognizes that the interstate transfer of sex offenders presents unique challenges due to varying state laws governing sex offender registration, residency restrictions, and employment limitations. To address these complexities and promote accountability and public safety, Rules 3.101-3 and 3.103-3 establish specific procedures governing the transfer and supervision of sex offenders. These rules are intended to ensure uniform regulation of this population while facilitating the exchange of comprehensive information regarding the individual and the underlying offense.
Rule 3.101-3 prohibits travel outside the sending state pending submission and review of a transfer request for qualifying sex offenders. The sending state is required to provide any available additional information with the transfer request to assist the receiving state in assessing risk and determining appropriate supervision levels. To support these special considerations, Rule 1.101 defines “sex offender” as:
[A]n adult placed under, or 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 registered or required to register as a sex offender in the sending or is under sex offender terms and conditions in the sending state and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.
Rule 3.101-3 specifically provides exceptions to the procedures for issuing reporting instructions for sex offenders who meet the criteria of rules 3.103, 3.103-1 and 3.103-2. A qualifying sex offender may not leave the sending state before reporting instructions are issued; however, this restriction does not apply when the individual is already in the receiving state and the court conducts sentencing remotely. See White Paper – Legal Implications of Remote Hearings in Relation to ICAOS Rules. The receiving state is afforded five (5) business days to review the proposed residence and respond to the request for reporting instructions. Reporting instructions may be denied if similarly situated sex offenders sentenced in the receiving state would not be permitted to reside at that location.
PRACTICE NOTE