INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

The Interstate Commission for Adult Offender Supervision (ICAOS) was created to promote cooperation and coordination among the states and U.S. Territories in the transfer of supervised offenders across state boundaries. The ICAOS provides oversight and assistance in administering the Interstate Compact for Adult Offender Supervision, which was approved in 2002. All 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands are signatories to the Compact. This Compact has the authority of federal law and supersedes any state law to the contrary. All state and federal courts and administrative bodies must abide by the rules of this Compact.

No court or paroling authority may authorize an offender to relocate before acceptance by the receiving state.

• How does the Interstate Compact work?
• What is the Interstate Compact definition of Resident and Resident Family?
• What offenders are eligible to transfer under the Interstate Compact?
• Are misdemeanants eligible for transfer under the Interstate Compact?
• What are the registration requirements for felons and sex offenders in Florida and other states?
• How long does the Interstate Compact transfer process usually take?
• Can offenders transfer supervision under the Interstate Compact to another country?
• Does an offender have to remain in Florida while waiting for the other state to respond to their transfer request?
• Do the Interstate Compact rules allow a receiving state to impose additional conditions of supervision?
• How many offenders are supervised under the Interstate Compact?
• Do offenders who transfer supervision to Florida from other states pay cost of supervision to the state of Florida, and if so, what is the cost of supervision fee?
• Florida Statute 949.07 - Compact for the supervision of adult offenders

How does the Interstate Compact work? ↑Back to the top

An offender on supervision who wishes to transfer their supervision to another state must first discuss their request with their officer. At the discretion of the officer, the officer will review the offender's plan to ensure it meets criteria for transfer as specified in the Compact rules, and verify that the offender is in compliance with all conditions of supervision. If the offender is in full compliance and the offender's plan meets criteria for transfer, the officer will have the offender sign the required forms and submit a transfer request through the Interstate Compact Offender Tracking System (ICOTS). Upon review by the Florida Interstate Compact Office, the transfer request will then be submitted to the other state for investigation and a decision on acceptance or rejection.

Definition of Resident and Resident Family↑Back to the top

Resident - means a person who-

1. has continuously inhabited a state for at least 1 year prior to the commission of the offense for which the offender is under supervision; and
2. intends that such state shall be the person’s principal place of residence; and
3. has not, unless incarcerated or on active military deployment, remained in another state or states for a continuous period of 6 months or more with the intent to establish a new principal place of residence.

Resident Family - means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who-

1. has resided in the receiving state for 180 calendar days or longer as of the date of the transfer request; and
2. indicates willingness and ability to assist the offender as specified in the plan of supervision.

What offenders are eligible to transfer under the Interstate Compact?↑Back to the top

All offenders placed on probation by the Court or released from prison to a post-release supervision program under the jurisdiction of the Florida Commission on Offender Review may apply to have their supervision transferred, subject to the approval of their supervising officer or classification/release officer (for offenders pending release from prison directly to a plan out-of-state). An offender's plan for transfer of supervision under the Interstate Compact must meet the following criteria:

• Offender must have more than 90 calendar days or an indefinite period of supervision remaining, and
• Offender must have a valid plan of supervision, and
• Offender must be in substantial compliance with the terms of supervision, and
• Offender must be a resident of or have resident family in the receiving state who has indicated a willingness and ability to assist, and
• Offender can obtain employment there or has a means of support, or
• Though not a resident of the receiving state and not having family residing there, the receiving state consents to such a person being sent (discretionary transfer).

In addition, offenders who are members of the military deployed out of state, offenders living with family who are members of the military deployed out of state , offenders living with a family member transferred to another state by their full-time employer as a condition of maintaining employment, offenders being transferred to another state by their full-time employer as a condition of maintaining employment, and offenders who are veterans of the U.S. Military Services and are referred by the Veterans Health Administration for medical and/or mental health services, are eligible for transfer of supervision as long as they meet the requirements for transfer as specified above and plan to reside with the deployed or transferred family member in the receiving state.

Are misdemeanants eligible for transfer under the Interstate Compact?↑Back to the top

A misdemeanor offender whose sentence includes one year or more of supervision is eligible for transfer provided the instant offense includes one or more of the following:

• An offense in which a person has incurred direct or threatened physical or psychological harm
• An offense that involves the use or possession of a firearm
• A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol
• A sexual offense that requires the offender to register as a sex offender in the sending state

What are the registration requirements for felons and sex offenders in Florida and other states?↑Back to the top

Registration requirements vary from state to state.

Florida registration requirements are as follows:

• Offenders with Felony Convictions:
  
  Pursuant to Section 775.13, Florida Statutes, offenders are required to register with the sheriff of any county they enter in this state, within 48 hours. Registration may include being fingerprinted, photographed, listing the crime, sentencing location, sentence imposed, name, aliases, if any, address, and occupation. Failure to comply with this statute constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 ors. 775.083, F.S.
  
  
• Sex Offenders:
  
  Sexual Offenders (including court-designated Sexual Predators) are required to register with the sheriff of any county of temporary or permanent residence that they enter in this state, within 48 hours. Florida considers permanent residence as a place a person abides, lodges or resides for 5 or more consecutive days. Temporary residence is defined as a place where a person abides, lodges, or resides for a period of 5 or more days in aggregate during any calendar year. Registration may include being fingerprinted, photographed, listing the crime, sentencing location, sentence imposed, name, aliases, if any, address, and occupation. Failure to comply with this statute constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or 775.084.

How long does the Interstate Compact transfer process usually take?↑Back to the top

The transfer process usually takes 45 calendar days from the date the request is received by the other state.

Can offenders transfer supervision under the Interstate Compact to another country?↑Back to the top

The Interstate Compact for Adult Offender Supervision only governs the transfer of offenders between the 50 states, the District of Columbia, the US Virgin Islands, and Puerto Rico. The Interstate Compact Office does not process transfers to another country.

Does an offender have to remain in Florida while waiting for the other state to respond to their transfer request?↑Back to the top

Yes. An offender who does not qualify for reporting instructions or who has not been granted reporting instructions by the receiving state must remain in Florida until the receiving state notifies Florida of acceptance of the case and provides reporting instructions.

Do the Interstate Compact rules allow a receiving state to impose additional conditions of supervision?↑Back to the top

Yes. A receiving state shall supervise an offender transferred under the Interstate Compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

How many offenders are supervised under the Interstate Compact?↑Back to the top

As of July 2017, 3,824 other state offenders were being supervised in the State of Florida and 3,041 Florida offenders were being supervised out of state.

Do offenders who transfer supervision to Florida from other states pay cost of supervision to the State of Florida and if so, what is the cost of supervision fee?↑Back to the top

An offender placed on supervision in another state and supervised in Florida, will pay monthly cost of supervision in the amount of $103.72 if the offender obtained the services of a private attorney and $50.00 if the offender was provided the services of the public defender at the time of sentencing. Court orders from other states setting the cost of supervision rate or waiving cost of supervision do not apply to the Florida cost of supervision fees.

Florida Statute 949.07 Compact for the supervision of adult offenders.

1) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state, in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when necessary, return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the “Crime Control Act,” 4 U.S.C. s. 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.