The short answer is— yes. Your loved one can apply to transfer states upon their release with a process called “Interstate Compact for Adult Offender Supervision.” Our experienced parole lawyers have success obtaining interstate transfers of supervision on a mandatory and discretionary basis. The following blog describes the Interstate Compact policy and how to apply for an interstate transfer.
Interstate Compact for Adult Offender Supervision (ICAOS)
A General Overview
Under the Interstate Compact for Adult Offender Supervision, Texas offenders can apply for a transfer to any U.S. state, as well as to the District of Columbia, Puerto Rico and the Virgin Islands. Additionally, the Texas Department of Criminal Justice (TDCJ) and the justice department of the respective state must approve the transfer application.
Once both states approve the transfer, your loved one must abide by the release regulations of Texas and the supervising state to which they relocate. Failing to follow release rules will result in revocation of the release.
Interstate Compact Transfer Eligibility
If Texas accepts your loved one’s request, the receiving state must accept offenders who meet the following criteria:
- has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and
- has a valid plan of supervision; and
- is in substantial compliance with the terms of supervision in the sending state; and
- is a resident of the receiving state; or
- has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
- can obtain employment in the receiving state or has means of support
If your loved one does not meet the above criteria, they can still request a transfer. However, in this case, the receiving state has discretion in approving the request. The official procedures for a discretionary request for transfer are as follows:
- A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements of Rule 3.101 of the ICAOS, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender, promote public safety, and protect the rights of victims.
- The sending state shall provide sufficient documentation to justify the requested 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 specifying the discretionary reasons for rejection.
The Interstate Compact Transfer Process
To initiate a transfer request, your loved one must contact their direct supervisor (Probation, Parole Office, or Prison Case Worker). Then, upon review, their supervisor will submit a transfer application to the Sentencing State Compact Office.
Next, the Compact Office will submit viable plans to the receiving state Compact Office for their investigation. Finally, those in the receiving state’s compact office make the final decision on the transfer application. If accepted, the receiving state will send your loved one reporting instructions and become their new Supervisory Authority.
However, Texas holds the right to order your loved one back if they disobey release policies. See Chapter 5 of the ICAOS Rules for the list of violations that mandate retaking an offender.
The earliest your loved one can submit a transfer request is 120 prior to their planned release date. If your loved one has already been released, they can contact their Parole Officer and start the process immediately.
With many layers for final approval, it can take several months for the Compact Offices to review and finalize Interstate Transfer Requests. Receiving states must reply to a transfer request within 45 days once they receive the request. However, the amount of time it takes to finalize the interstate transfer after approval varies widely.
Did TDCJ approve your loved one for parole or are they pending approval and interested in the Interstate Compact? If so, we highly recommend that they get the process started as soon as possible. Our parole lawyers have success obtaining interstate transfers of supervision on a mandatory and discretionary basis.
Additionally, if your loved one wants parole representation to evaluate their chances of success, our attorneys can help. Please contact us if you have any questions or are interested in our representation services.