Under the ICAOS, a change in the underlying circumstances that initially supported a transfer of supervision does not, by itself, require the sending state to retake a supervised individual when the transfer was accepted pursuant to the mandatory provisions of Rule 3.101 or Rule 3.101-1. However, different considerations may arise in discretionary transfers under Rule 3.101-2. Because discretionary transfers may involve individualized factors, the receiving state may impose lawful supervision conditions following acceptance pursuant to Rule 4.103. Failure to comply with the receiving state’s conditions may result in grounds for retaking by the sending state as discussed in Chapter 5.
Any supervision conditions imposed by the receiving state, whether in mandatory or discretionary transfers, must be applied in a manner consistent with Rule 4.101 and reasonably related to legitimate supervision objectives, including rehabilitation and public safety. The Compact does not distinguish between mandatory and discretionary transfers with respect to the requirement that supervision conditions be reasonable and consistent with those imposed on similarly situated in-state individuals.