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Interstate Compact

Introduction

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. 

Resources

Interstate Commission Website

The mission of the Interstate Commission for Adult Offender Supervision (ICAOS) is to help protect the public and provide offenders with their best possible opportunity for success. Visit the Interstate Commission for Adult Offender Supervision (ICAOS) website, which provides offenders, their families, and friends with helpful information and resources to prepare for the interstate transfer process.

Administrative Rule on Interstate Compact

Oregon Administrative Rules (OARs) are created by most agencies and some boards and commissions to implement and interpret their statutory authority. Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (for up to 180 days). You can visit OAR 291-180 to learn more about the Interstate Compact in Oregon.

Interstate Compact Offender Tracking System

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 ICOTS Public Web 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. 

Frequently Asked Questions

​A: 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. 

​A: At the discretion of the Sending State, an offender shall be eligible for transfer of supervision to a Receiving State under the compact, and the Receiving State will accept the transfer if the offender:

  • Has three months of more remaining on supervision; AND
  • Is in substantial compliance in the Sending State; AND
  • Is a resident of the Receiving State OR has resident family in the Receiving State willing and able to assist OR the offender is an active military member who has been deployed to another state OR is a veteran eligible and referred by the Veteran's Health Administration to another state for medical and/or mental health service OR is an offender who will live with an active military family member who has been transferred to another state by their fulltime employer as a condition of maintaining employment OR the offender is transferred to another state by their fulltime employer as a condition of maintaining employment; AND
  • Has a valid plan of supervision in the Receiving State with a visible means of support (employment, family, SSD/SSI, Workman's Compensation, etc.); AND
  • The transferring offense was a conviction for a felony, eligible misdemeanor or eligible deferred sentence; AND
  • Is required to report or be monitored by the supervising authorities OR has any condition (other than monetary), qualification, special condition or requirement imposed. (Offender sentenced to non-reporting/unsupervised terms of probation with special or standard conditions will still need to be transferred through the Compact.)
Requests that do not meet the above criteria are considered discretionary and can still be submitted; however, they must be accompanied by compelling reasons and documentation as to the merit of the transfer. The receiving state shall have the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the Compact. 

Interstate Compact rules allow a receiving state to impose additional conditions of supervision. 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.

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

  • An offense in which a person has incurred direct 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 that an offender register as a sex offender in the Sending State. 

​A: The Interstate Compact Offender Tracking System (ICOTS) Pub​lic 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. The portal allows some of the information contained in ICOTS to be available to the general public. 

​A: For the purposes of the compact, an offender may be considered a Resident if they have 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; being born and raised or having lived in a state for a long time does not qualify an applicant. 

To qualify as Resident Family, 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. 

Girlfriends, boyfriends, common-law spouses, in-laws, fiancées, friends, employers, etc., are not acceptable Resident Family under the Interstate Compact.


​A: Registration requirements vary from state to state; however, Oregon Revised Statute (ORS) Chapter 163A​ contains information pertaining to sex offender registration and reporting.

​A: 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 cashier’s 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.

Additionally, 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. 


​A: The transfer process usually takes forty-five (45) days from the date the application for transfer is received by the other state. 

​A: 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.

​A: 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. 

​A: 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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