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Oregon Interstate Compact

Interstate Compact for Adult Offender Supervision (ICAOS)
ICAOS  
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.
 
ICAOS Rules 
ICAOS Bench Book for Judges and Court Personnel
Oregon Revised Statute 144-600 (Interstate Compact For Adult Offender Supervision)
Oregon Administrative Rule 291-180 (Interstate Compact)

 
Interstate Compact Offender Tracking System (ICOTS)
The Interstate Compact Offender Tracking System (ICOTS) is the nationwide electronic information system of the Interstate Commission for Adult Offender Supervision (ICAOS). The system is used by all states to track offenders who are authorized to travel or relocate across state lines. The system is also used to share information regarding offender movement under the rules of the interstate compact.  Only individuals associated with the ICAOS or state compact offices have access to the ICOTS application. Some of the information contained in ICOTS is available to the general public via a public web portal.
 
ICOTS Public Web Portal:  This Web site allows the public to search for information about offenders who have transferred supervision to another state or are in another state with permission while the transfer of supervision is under consideration.

 
Interstate Compact Transfer Guide
The Interstate Compact Transfer Guide is intended to provide offenders, lawyers and the judiciary with a better understanding of the mandatory steps to be taken when transferring supervision to another state.

 
Frequently Asked Questions (FAQs)
 
How does the Interstate Compact work?  What offenders are eligible to transfer under the Interstate Compact? 
How can I find out if someone is under Interstate Compact supervision?  Who qualifies as a resident or resident family? 
Are misdemeanants eligible for transfer under the Interstate Compact?  What are the registration requirements for felons and sex offenders in Oregon and other states? 
Does an Oregon offender pay an application fee to transfer to another state?  How long does the Interstate Compact Transfer Process usually take? 
Does an offender have to remain in Oregon 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? 
Do offenders who transfer supervision to Oregon from other states pay cost of supervision to the State of Oregon and if so, what is the cost of the supervision fee? How many offenders are supervised under the Interstate Compact? 
Can an offender transfer supervision under the Interstate Compact to another country? 
 
How does the Interstate Compact work?
 
An offender on supervision who wishes to transfer their supervision to another state must first discuss their request with their 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 to the Interstate Compact office. The transfer request will be sent to the other state for investigation and a decision on acceptance or rejection.
 
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What offenders are eligible to transfer under the Interstate Compact?
 
All offenders placed on supervision and under the jurisdiction of the Court, Local Supervisory Authority, or the Oregon Board of Parole and Post-Prison Supervision may apply to have their supervision transferred, subject to the approval of their supervising officer or institution release counselor (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 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 to another state, offenders living with family who are members of the military deployed to another state, offenders transferred by their current employer, and offenders living with a family member transferred by their current employer are eligible for transfer of supervision, provided their plan meets compact criteria.
 
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How can I find out if someone is under Interstate Compact supervision?
 
The Interstate Compact Offender Tracking System (ICOTS) Public Portal allows the public to search for information about offenders who have transferred supervision to another state or are in another state with permission while the transfer of supervision is under consideration.  Some of the information contained in ICOTS is available to the general public via this web site.
 
Go to the ICOTS Public Web Portal 
 
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Who qualifies as a resident or resident family?
 
Resident:  For the purposes of the compact, an offender may be considered a Resident if he/she has continuously inhabited a state for at least one year prior to the commission of the offense for which the offender is under supervision, and intends that such place shall be the person’s principal place of residence, and has not, unless incarcerated, remained in another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence.
 
This is a strict definition used in the compact; being born and raised or having lived in a state for a long time does not qualify an applicant.
 
Resident Family:  To qualify, the family member must be 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 days or longer as of the date of the transfer request and (2) indicates a willingness and ability to assist the offender as specified in the plan of supervision.
 
Girlfiends, boyfriends, common-law spouses, in-laws, fiancées, friends, employers, etc, are not acceptable resident family under the Interstate Compact.
 
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Are misdemeanants eligible for transfer under the Interstate Compact?
 
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
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What are the registration requirements for felons and sex offenders in Oregon and other states?
 
Registration requirements vary from state to state; however, Oregon registration requirements are as follows:
 
Offenders with Felony Convictions:  Oregon does not have any registration requirements for convicted felons who enter the state. 
 
Sex Offenders:  Offenders required to register as sex offenders in Oregon may do so by reporting, in person, to the Oregon State Police (OSP), a city police department or a county sheriff’s office OR, if the person is under supervision, to the supervising agency.   Registration may include being fingerprinted, photographed, listing the crime, sentencing location, sentence imposed, name, birth date, aliases, if any, address, name of school and employer, and occupation.
 
OSP Sex Offender Registration Program 
 
OregonSex Offenders and those under Interstate Compact Supervision- ORS 181.595 and 181.596 requires the person to register:   
  • Within 10 days following discharge, release on probation, parole, post-prison supervision; or other supervised or conditional release;
  • Within 10 days of a change of residence;
  • Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
  • Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
  • Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
Moving to Oregon- If a person was (1) convicted in another state of a crime, the elements of which would constitute a sex crime; (2) was found to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in Oregon by an adult; or (3) is required to register in another state for having committed a sex offense in that state, regardless of whether the crime would constitute a sex crime in Oregon, and is not otherwise required by ORS 181.595 or 181.596 to report, shall register in accordance with ORS 181.597:
  • No later than 10 days after moving into this state;
  • Within 10 days of a change of residence;
  • Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
  • Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
  • Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
Working or Attending School in Oregon and Residing in Another State- If a person was (1) convicted in another state of a crime, the elements of which would constitute a sex crime; (2) was found to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult; or (3) is required to register in another state for having committed a sex offense in that state, regardless of whether the crime would constitute a sex crime in Oregon, and is not otherwise required by ORS 181.595 or 181.596 to report, shall register in accordance with ORS 181.597 no later than 10 days after:
  • The first day of school attendance or the 14th day of employment in this state; and
  • A change in school enrollment or employment.
 “Attends” is defined as enrolled on a full-time or part-time basis.
“Carries on a vocation” or “Works” is defined as full-time or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit.
“Institution of higher education” is defined as a public or private educational institution that provides a program of post-secondary education.
 
Temporary Travel to Oregon- There is no requirement for persons temporarily traveling in Oregon to register; however, as a courtesy they may check in with local law enforcement.
 
Penalties- A person who:
  • Fails to make the initial registration as required by ORS 181.595, 181.596, and 181.597 commits a Class C felony.
  • Fails to report once each year within 10 days of their birth date commits a Class A misdemeanor.
  • Fails to report a change of address, school enrollment, or employment commits a (1) Class C felony, if the crime for which the person is required to register is a felony and (2) Class A misdemeanor, if the crime for which the person is required to register is a misdemeanor.
  • Fails to provide complete and accurate reporting information is a Class A misdemeanor.
Back to FAQ Questions
 
Does an Oregon offender pay an application fee to transfer to another state?
 
Yes.  Pursuant to Oregon Revised Statute 133.865(2), Persons on probation, parole, or post-prison in this state who make request to transfer to another state pursuant to the compact shall pay an application fee of $50.00 for each transfer application submitted.  The application fee shall be paid to the Governor’s Extradition Office upon submission of the transfer application.  The application fee is not subject to waiver; however, upon recommendation of the supervisory authority, the Department of Corrections may reduce the amount of the fee by up to 50%.  In determining if a fee reduction is warranted, the supervisory authority shall consider: (a) The offender’s financial resources; (b) The burden the application fee will impose in light of the offender’s overall obligations; (c) The rehabilitative effect of the application fee and compact transfer; and (d) The community’s interests in the transfer of the offender.
 
Prior to being given a travel permit to leave Oregon, offenders must pay the $50.00 application fee.  A bank money order or cashiers check will be the only acceptable methods of payment (cash or personal checks will not be accepted.)
 
The application fee is non-refundable and doesn’t prohibit the local county community corrections agency from charging their own administrative fee.
 
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How long does the Interstate Compact Transfer Process usually take?
 
The transfer process usually takes forty-five (45) to sixty (60) days from the date the request is received by the other state. 
 
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Does an offender have to remain in Oregon while waiting for the other state to respond to their transfer request?
 
Yes.  An offender who does not qualify for reporting instructions must remain in Oregon until the receiving state notifies Oregon of acceptance of the case and provides reporting instructions.
 
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Do the Interstate Compact rules allow a receiving state to impose additional conditions of supervision?
 
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.
 
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Do offenders who transfer supervision to Oregon from other states pay cost of supervision to the State of Oregon and if so, what is the cost of the supervision fee?
 
Yes.  An offender placed on supervision in another state and supervised in Oregon, will pay a monthly supervision fee in an amount ranging from $35-45 depending on the county of supervision.   Court orders from other states setting the cost of supervision rate or waiving cost of supervision do not apply to Oregon supervision fees.
 
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How many offenders are supervised under the Interstate Compact?
 
Nationally, well over 250,000 offenders are being supervised through the Interstate Compact.  Oregon is currently supervising about 1,300 other state offenders in the state of Oregon.  About 1,700 Oregon offenders are being supervised out of state.
 
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Can an offender transfer supervision under the Interstate Compact to another country?
 
No.  The Interstate Compact for Adult Offender Supervision contains no provisions for transferring supervision to other countries. The Bureau of Interstate Compact does not process such transfers.
 
 
Oregon Revised Statute 144.600 - Interstate Compact for Adult Offender Supervision
 
(a) 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.  (b) It is the purpose of this compact and the Interstate Commission created under this compact, through means of joint and cooperative action among the compacting states: To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits, and obligations of the compact among the compacting states.

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