Interstate Probation Cases

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Article 1, section 10 of the Constitution—the Compacts Clause—authorizes two or more states to enter into agreements or compacts with one another, provided they have the consent of Congress. Dozens of “interstate compacts” have arisen over the years. Many of you have probably used the services of some of the more prominent ones, like the Port Authority of New York and New Jersey, which manages many of the bridges, tunnels, and airports that serve New York City, or the Washington Metropolitan Area Transportation Authority, which most people know simply as Metro. Other compacts have a nationwide (or nearly nationwide) scope, and are meant to improve coordination between the states on shared issues—like the Driver License Compact (through which member states share information on traffic violations), or the Interstate Compact on the Placement of Children (which facilitates adoptive or foster care placements that cross state lines). Today’s post is about the Interstate Compact for Adult Offender Supervision, or ICAOS, which allows covered offenders to move from the state in which they were convicted (the sending state) to another state (the receiving state).

First formed in the 1930s as the Interstate Compact for the Supervision of Parolees and Probationers, ICAOS now includes all fifty states and the District of Columbia. North Carolina, which has participated in the compact since 1951, adopted its most recent version of the compact agreement in 2002 in Article 4B of Chapter 148 of the General Statutes. Probationers who want to transfer supervision from North Carolina to another state, or who want to come from another state to be supervised here, must satisfy North Carolina’s laws and the ICAOS rules. A key component of the ICAOS rules is that offenders must, before moving, waive their right to the extradition process as a condition of transferring supervision. Compact Rule 3.109. Having waived extradition in advance, offenders who violate probation in the receiving state do not need to be extradited back to the sending state; instead, the sending state may simply retake the offender. The issue has not come up in North Carolina, but advance waivers of extradition rights have generally been upheld in other jurisdictions. See State v. Maglio, 459 A.2d 1209, 1212–13 (N.J. Super. 1983) (collecting cases).

Not everyone sentenced to probation is eligible for transfer under the compact, but if an offender is eligible, he or she may only relocate to another state through the compact. Compact Rule 2.110. So who is eligible? You have to sort through a few of the Compact Rules to figure that out. All felony offenders are eligible, but, under Rule 2.105, only certain misdemeanants are covered. A misdemeanor offender must have a sentence that includes one year or more of probation supervision, and must be under supervision for an offense that (1) caused “direct or threatened physical or psychological harm,” (2) involves the use or possession of a firearm, (3) was a second or subsequent DWI, or (4) requires registration as a sex offender.

The decision of whether or not to allow an eligible offender to move rests not with the sentencing court, but rather with the compact administrator of the sending state. Rule 3.101. (The compact rules make transfer mandatory for certain military members and other offenders whose employer transfers them or a member of their family to another state. Rule 3.101-1.) Under G.S. 148-65.7, North Carolina offenders seeking transfer to another state must pay a $150 transfer application fee to our state’s compact administrator in Raleigh, although the fee can be waived by the administrator if it places an undue economic burden on the offender. Receiving states must accept offenders who have more than 90 days of supervision remaining and who are residents of the receiving state, or have family members and a job or means of support there. Rule 3.101. A receiving state may accept other offenders in its discretion. Rule 3.101-2.

When a person is transferred under the compact, he or she is subject to the supervision conditions ordered by the sending state, the compact rules, and any additional conditions added by the receiving state—though these additional conditions may be no more onerous than those imposed on similar in-state offenders. Rule 4.103.

The national ICAOS office produces a helpful bench book that addresses many frequently asked questions about the compact. In another post I’ll cover the violation and retaking processes applicable to compact offenders.

9 comments on “Interstate Probation Cases

  1. CAN A PERSON BE VIOLATED BY THE RECIEVING STATE FOR NOT PAYING THEIR SUPERVISION FEES TO THAT STATE. IF SO, WHICH STATE WOULD I GO TO?

  2. I need someone’s help. My husband was put on probation last June at the time of the plea he was living with me in NC. The offense happened many yrs ago but not charged till 2012, we were already residence of NC. AT time of sentence no one told us he would have to do his probation in NJ.. even our lawyer was shocked cause the courts new we lived in NC .He had no place to live up there but eventually found a studio apt. he is disabled and sine last May has had heart surgery and most recently a stroke.. he is very depressed being up there, and financially it is hard to pay 2 rents we have exhausted our life’s savings. His probation officer refuse’ to request a transfer. is there anyone that can tell us what to do.

  3. I am Uncle to Jacob Kronstadt recently released in state of NC and petitioned by NC Probation for
    a transfer to Weston FL (my home city) to reside with me. Confusion abounds with both states
    claiming to have filed request and response and FL Probation claimed NC withdrew request (NC vigorously denies such). Presently I have been told by Mrs Koff (Broward office) that full approval of request sent to NC within the past week. NC denies receiving as well as Ever withdrawing original transfer to Broward. I have spoke to several officers and two supervisors,
    who maintain there is no remedy they can apply. I find this incredulous and believe denial of
    responsibility somewhere is at issue. Please help. Please recommend path to resolution. My nephew is not a serious, nor common criminal. Sentenced one year on drug charges.

  4. […] Stanley Jones pled guilty to indecent liberties with a student in 2010. He was sentenced to 24 months of supervised probation and ordered to pay costs and a fine pursuant to a schedule set by his probation officer. He transferred supervision from North Carolina to Georgia under the Interstate Compact for Adult Offender Supervision. […]

  5. […] Corrections Compact. Just as the Interstate Compact for Adult Offender Supervision (discussed here) allows certain probationers, parolees, and post-release supervisees to transfer their supervision […]

  6. Just wondering if anyone Knos if I can transfer my drug offender Florida probation to North Carolina?…Any help would be greatly appreciated…thx

  7. I need advice. My lifetime best friend was arrested driving across country in November 2016 in Missouri. He was traveling from Vancouver WA. He was charged with possession of Marijuana and intent to sell based on the amount he was carrying because it is legal in the state he resides and he has his medical grow card. He was released in May 2016 and put on 4 years probation, possible 2 with “good behavior”. I believe his P.O. was transferred to WA from Missouri. They also changed certain legal stipulations at that point.
    My question is; in his current situation in WA state he is not able to thrive and successfully the way he would like. Finding a lucrative form of employment and a firm place to live in a positive environment has proven nearly impossible. Even with family surrounding him. The environment has become extremely toxic and depressing for him. If he were to be granted a transfer to Raleigh, to live with me, rent free, gain employment and live in a much more positive and enriching environment it would be infinitely better for his rehabilitation and reentry into society. His felony status is unknown to me, the exact terminology fails me. How to u go about getting the balk rolling in his favor for this? He’s afraid the approach anyone about it, including his P.O. (personality disorder and no priors whatsoever, so he’s really nervous about any communications.)
    Any information would be fantastic, i.e. habit a possibility? How long does the process take? Are there fees, timelines, etc.
    Thank you so much!

  8. So in the beginning of 2016 my boyfriend was arrested for criminal mischief in Colorado and was sentenced to 6 months, but instead of doing that he went on probation. After a month or so of probation he ran away to North Carolina. After a couple of months went by something came up and he was arrested. They looked his name up and said that he had a nationwide warrant and was a fugitive. So now he’s in jail and is possibly going to be extraditied in the next couple of weeks. I’m trying to figure out how to do this interstate compact. If anyone could please help me understand a little bit more about this then that would be awesome. Please email me!

  9. My fiancé was living in California when he was arrested, but as an active duty service member, he was court martialed and sent to Leavenworth. Leavenworth became overcrowded and he was sent to a federal prison in Florida, his home of record. His mother, who lives in a North Carolina, has said he can move in with her when he’s released. Between all the government entities and jurisdictions involved, how is this going to work?

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