A sending state may impose specific conditions on a supervised individual as part of a transfer request. However, the receiving state must have the opportunity to notify the sending state if it cannot comply with or enforce a particular condition. This issue is especially important for courts to consider. While a judge may order that a condition be fulfilled in the receiving state, that state may decline to enforce it if doing so is not feasible. When the receiving state cannot enforce a condition, the sending state must either (1) withdraw the condition and proceed with the transfer, or (2) withdraw the transfer request and retain supervision of the individual.
PRACTICE NOTE
Courts may not order a supervised individual to relocate to another state or condition supervision on leaving the sentencing jurisdiction without complying with the ICAOS. The compact does not permit a state to transfer supervision responsibility unilaterally through a sentencing order. Broad geographic exclusion or banishment conditions that effectively compel relocation to another state may conflict with the compact and undermine its uniform transfer framework.