Rule 3.103 governs situations in which a supervised individual already resides in the receiving state at the time of sentencing or following the disposition of a violation or revocation proceeding. When the criteria of Rule 3.103 are met, the sending state may request reporting instructions to permit the individual to remain in or return to the receiving state while the transfer application is pending.
The request must include, at minimum, the individual’s verified address and contact information along with documentation confirming residency in the receiving state at the time of sentencing or disposition.
The sending state must submit the request within 10 business days of sentencing, disposition of the violation or revocation proceeding, or release to supervision (if release occurs within ninety (90) days of sentencing). Upon receipt of a completed request, the receiving state shall issue reporting instructions within two (2) business days.
After reporting instructions are issued, the sending state shall submit the full transfer request within fifteen (15) business days. For sex offenders subject to Rule 3.101-3, the receiving state has up to five (5) business days to review the proposed residence and issue reporting instructions. Travel may not occur until reporting instructions have been issued.
Issuance of reporting instructions does not guarantee acceptance of the transfer. Following investigation under Rule 3.101, the receiving state may deny the transfer if the individual does not meet eligibility criteria, including the Compact’s definition of “resident.” If the transfer is denied, the supervised individual must return to the sending state.