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Starting the Transfer Process

For individuals who are interested in Transferring their supervision, below are some frequently asked questions to help with this topic:

Starting the Transfer Process

  • Individuals do not possess a Constitutional right to transfer. An interstate transfer of supervision is a privilege intended to help individuals meet community supervision conditions and goals, increase the individual’s strengths, and reduce the risk of reoffending.
  • Not all justice-involved individuals are subject to the compact; however, if eligible, an individual must use the compact to transfer supervision. For more eligibility information on how to use the compact, see below.

Click the provided link to use the Eligibility Tool.

  • A sending or sentencing state is the state where an offense was committed, and the individual was sentenced. It is the state that initiates a transfer and is responsible for documenting and verifying that a plan of supervision exists. Only the sending state may communicate with the receiving state regarding the suitability of a transfer plan.
  • A receiving state is a different state or jurisdiction from the sending state and is where the justice-involved individual would like to transfer their supervision. The receiving state acts on the sending state’s behalf to provide supervision and resources for an individual once a transfer occurs. 
  • The term mandatory does not express or imply that a justice-involved individual has a constitutionally protected right to transfer. In this instance, the term simply means the justice-involved individual meets the eligibility criteria for mandatory acceptance once the receiving state investigates and confirms the plan of supervision is valid in the receiving state.
  • Mandatory transfers occur if:
  1. the sending state agrees to transfer supervision;
  2. the individual has more than 90 days remaining on supervision;
  3. the  individual is in substantial compliance in the sending state;
  4. the individual has a mandatory reason for transfer with a valid plan of supervision in the receiving state.
  • Ninety-nine percent of Mandatory transfers are for ‘Residents’ of a Receiving state or having ‘Resident Family’ with employment or means of support in a Receiving state.
  • If a justice-involved individual does not meet the mandatory transfer criteria, a receiving state may accept it as a discretionary transfer.  Discretionary transfers occur when both the sending and receiving states agree that accepting the transfer promotes successful completion of supervision, opportunities for rehabilitation, public safety, and victim rights. 
  • If allowed by sending state officials, you may apply for a transfer within 120 days of your release. Please discuss this with your institution’s case manager. See Rules 3.102 and 3.105
  • Demonstrate that your chances of success are greater in the receiving state. These include having a clear means of support in the receiving state, such as connections to the community where you intend to relocate, positive relationships, a solid job offer, a suitable residence, and a favorable history of supervision. Inform your host or sponsor that officers will contact them to confirm the supervision plan and expectations during the investigation process.
  • See general tips included in How do I prepare to assist the officers with processing my transfer request?
  • To meet the ICAOS definition of a resident, a justice-involved individual:
  1. Must have resided in a state for at least 1 year continuously and immediately before either the supervision start date or sentence date for the original offense for which transfer is being requested; and,
  2. Must intend the state to which they are transferring will be their principal place of residence; and,  
  3. Must not have spent a continuous period of six months or more in another state(s) with the intent of establishing a new residence, unless incarcerated or on active military deployment.
  • Fees and supervision costs should be discussed with your supervising officer or institutional case manager before initiating a transfer request. Some states charge a fee to process a transfer application.  
  • Additionally, as stated in the Application for Transfer, individuals must comply with the terms and conditions of the state to which they wish to transfer as well as conditions imposed by the sending state. Individuals should discuss the potential for added fees with their supervising officer during the application process.
  • For more information, see State Transfer Fees

Continuing your education alone does not meet the requirements for a mandatory transfer; however, ICAOS Rules do allow for discretionary transfers of supervision. Discretionary transfers require the sending state to provide sufficient documentation to justify a request to transfer. Please contact your supervising officer for more information. See Rule 3.101-2.

  • Request information on the appeal or grievance process from your sending state supervising officer or institutional case manager.
  • Because justice-involved individuals do not have a Constitutional right to transfer, individuals may not appeal a rejection directly. If a sending state disagrees with the receiving state’s decision, it may attempt to resolve it with the other state. Such attempted resolutions are solely at the sending state’s discretion. To contact your sending state’s compact office, click HERE.
  • ICAOS does not manage the transfer of inmates between institutions. The Interstate Corrections Compact is a separate entity. Please consult with your institutional case manager for more information.
  • Relocating to another state for more than 45 consecutive days requires transferring your supervision through the Compact. Any travel less than 45 days may be permissible at the discretion of the sending state per its local laws and policy. Please consult with your assigned supervising officer.

The following links provide information about the compact and how to navigate the interstate transfer process.

 

Starting the Transfer Process

 

During the Transfer Investigation Period

 

What to Expect After Transfer Approval

 

State Compact Office Assistance

 

Other Questions

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