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(Transferring the supervision of a case to another State)

The Interstate Commission for Adult Offender Supervision (ICAOS) was created to ensure cooperation and coordination among the states in the transfer of supervised offenders across state boundaries. This Compact has the authority of federal law and supersedes any state law to the contrary. The Compact constantly updates the Rules and the ICOTS Program, and as a result, the Interstate Transfer Officer must maintain knowledge of the most current Rules and the ICOTS Program, necessary for the Offender to apply for a transfer.

The Interstate Commission for Adult Offender Supervision (ICAOS) Mission

The Interstate Commission for Adult Offender Supervision is a National Office and is located in Lexington, Kentucky. The ICAOS guides the transfer of offenders in a manner that promotes effective supervision strategies consistent with public safety, offender accountability, and victim’s rights. The Interstate Commission oversees the day-to-day oversight of the compact between the states.

The Commission officially announces rules to achieve the goals of the Compact, ensures an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines and will establish a system of uniform data collection, provide access to information on active cases by authorized criminal justice officials, and coordinate regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators.

The Commission also monitors compliance with the rules governing interstate movement of offenders and initiates interventions to address and correct noncompliance and coordinates raining and education regarding regulations of interstate movement of offenders for officials involved in such activity.

In compliance with the Rules of the ICAOS, the INTERSTATE TRANSFER UNIT investigates offenders who request transfer of their supervision (and are approved by the Court) to apply for an Interstate Transfer to another State (the Receiving State). Under the Interstate Compact, an eligible offender must meet the following in order to apply for a transfer:

An offender is eligible to apply for transfer if they have a Court Order, at least a three (3) month period of supervision remaining, with a valid plan of supervision (family and/or job in the Receiving State), and providing the offender:

  • Is in substantial compliance with the Journal Entry Conditions of Community Control, including a payment history for their financial obligations; no active warrants, and
  • Is a resident of the Receiving State (has lived in the Receiving State for 18 months prior to the Commission of the Offense); or
  • Has resident family: Who have lived in the Receiving State for 180 days or longer as of the date of Transfer, who have indicated willingness and the ability to assist in satisfying the plan of supervision, and who will support the Offender for a better chance of success for the Offender under Supervision.
  • Can obtain employment or has a verifiable, visible means of financial support.

In order for a Transfer to be processed, the Offender must meet with the Interstate Officer for completion of multiple forms, which then are sent through the Federal System, Interstate Compact Offender Tracking System (ICOTS), including the Application for Interstate Transfer. The completed online forms are forwarded to the State of Ohio’s Interstate Compact Department, through the Ohio Department of Corrections, who then investigates the forms and forwards them to the Receiving State office for investigation, then acceptance or denial. The transfer process may take up to 45 to 60 days from the date the request is received by the Receiving state.

Misdemeanants: Rule 2.105 Misdemeanants

(a) A misdemeanor offender whose sentence includes one year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more of the following:

  1. an offense in which a person has incurred direct or threatened physical or psychological harm;
  2. an offense that involves the use or possession of a firearm;
  3. a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol;
  4. a sexual offense that requires the offender to register as a sex offender in the Sending State.

[Based upon the provisions of the ICAOS rules, offenders not subject to ICAOS may, depending on the terms and conditions of their sentences, be free to move across state lines without prior approval from the Receiving State and neither Judges nor Probation Officers are prohibited by ICAOS from allowing such offenders to travel from Texas to another state]

Once an Offender is accepted for Supervision by the Receiving State, they must remain in compliance with our Court’s Conditions and the Rules of Probation, both in Summit County, Ohio, and the Receiving States Rules. Offenders who violate the Court Ordered Conditions and the Rules of Probation, both in Summit County, OH, and the Receiving States’ are directed to return to Summit County Adult Probation Department, to sign a Community Control Violation Citation, returning the Offender to Court for Violation of his Community Control. Failure to return, results in a Nationwide Capias, for the Offender’s immediate arrest.

If you would like to view the website for Interstate Compact, go to: http://www.interstatecompact.org

If you would like to contact Interstate Compact via e-mail, go to: icos@interstatecompact.org