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To Begin The Process Legal Authority And History Of Icaos

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The document summarizes the legal authority and history of the Interstate Compact for Adult Offender Supervision (ICAOS). It notes that the US Constitution authorizes compacts between states, and that Congressional consent was given for ICAOS in the 1934 Crime Control Act. ICAOS was established in 1937 for the supervision of parolees and probationers convicted of felonies. All 50 states are now members of ICAOS, which governs the transfer of supervision of offenders between member states.

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Legal Authority and K I T S A P C O U N T Y D I S T R I C T C O U R T History of ICAOS Article 1, Section 10, clause 3 of the U.S. Constitution authorizes compacts be- tween states. INTERSTATE COMMISSION for Crime Control Act of 1934 gave Congres- sional consent to ICAOS. ADULT OFFENDER SUPERVISION of Establishment of the Interstate Compact for the Supervision of Parolees & Proba- MISDEMEANANTS tioners — 1937 (as to felons). There is no “right” of convicted persons to travel across state lines or to control To Begin the Process where they live. See Bagley v. Harvey, 718 F.2d 921 (9th Cir. 1988); Williams v. Wisconsin, 336 F.3d 576 (7th Cir. 2003). Interstate Compact for Adult Offender Supervision “ICAOS” effective to certain misdemeanors ESHB 1402,Washington laws of 2005. Phone ( 360) 337-7109 All 50 states are members of this inter- state agreement, as are the District of Columbia, Puerto Rico and the U.S. Virgin ELIGIBILITY Islands. 614 DIVISION STREET M.S.39 PORT ORCHARD, WA. 98366-4676 AND For more detailed information see our OFFICE HOURS: website at: 8:00 A.M. — 4:30 P.M. APPLICATION www.kitsapgov.com/dc
STEPS TO PROCESS YOUR WHO MUST APPLY FOR ELIGIBILITY FOR APPLICATION INTERSTATE TRANSFER? TRANSFER If you have three (3) months or more ◊ Obtain an ICAOS packet from Probation Services, the If you are subject to the court’s jurisdiction for 365 days or more and remaining on your court jurisdiction, Court office or online at: http://www.kitsapgov.com/dc/ you may initiate an application for you have received a suspended or ◊ Obtain written proof of employment in the receiving state. deferred sentence or a deferred transfer if: prosecution for any of the following: 1. You are in substantial compliance with ◊ Obtain written proof that you will be living with a relative court obligations; and, in the receiving state. ◊ An offense in which a person has incurred 2. You are a resident of the receiving state, direct or threatened physical or or you have a resident family member in ◊ Obtain a photo of yourself—passport type. psychological harm; the receiving state with whom you will ◊ An offense that involves the use or reside; and, ◊ Obtain proof of compliance with all legal obligations in possession of a firearm; 3. You have employment in the resident Washington State. If you are on probation with another ◊ A second or subsequent misdemeanor state or a verifiable means of support. court, you must also notify them of your desire to move. offense of driving while impaired by drugs 4. You have no active warrants or You must also obtain proof that you are in compliance or alcohol, including DUI, Physical Control and receive their permission to move. pending cases. or Negligent Driving 1. ◊ Schedule an appointment with Probation Services to ◊ A sexual offense that requires the offender submit the packet forms and information required. to register as a sex offender in Washing- ton, including Communication with a Minor MILITARY MEMBERS AND ◊ Pay the $80.00 application fee. for Immoral Purposes and Sexual DEPENDENTS Misconduct with a Minor. If eligible, your application will be sent on to the You may qualify for immediate or Washington State Compact Office and forward to WHO CAN HELP YOU ? expedited transfer if you have been the receiving state who will investigate your plan. deployed to another state or you live Expect to wait 60-90 days for approval. with a military member who has been You can obtain information from this deployed. brochure, your lawyer, probation or the court to If approved, you will receive reporting instructions help you determine if you need to apply for In- 1. You must be in substantial compliance from the receiving state. terstate Compact transfer. with your court obligations. 2. You must have a means of support. Your application must be processed through 3. If you are a dependent, you must plan to After transfer, Washington State will continue to Probation Services even if you are on live with the military member in the re- receive reports from the receiving state regarding unsupervised probation. ceiving state. your compliance with court obligations. 4. You must file an application. If Probation Services determines that you are not eligible for transfer, you may request a You may be required to return to Washington hearing before a judge. State under certain circumstances. (Revised 7/25/06)

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To Begin The Process Legal Authority And History Of Icaos

  • 1. Legal Authority and K I T S A P C O U N T Y D I S T R I C T C O U R T History of ICAOS Article 1, Section 10, clause 3 of the U.S. Constitution authorizes compacts be- tween states. INTERSTATE COMMISSION for Crime Control Act of 1934 gave Congres- sional consent to ICAOS. ADULT OFFENDER SUPERVISION of Establishment of the Interstate Compact for the Supervision of Parolees & Proba- MISDEMEANANTS tioners — 1937 (as to felons). There is no “right” of convicted persons to travel across state lines or to control To Begin the Process where they live. See Bagley v. Harvey, 718 F.2d 921 (9th Cir. 1988); Williams v. Wisconsin, 336 F.3d 576 (7th Cir. 2003). Interstate Compact for Adult Offender Supervision “ICAOS” effective to certain misdemeanors ESHB 1402,Washington laws of 2005. Phone ( 360) 337-7109 All 50 states are members of this inter- state agreement, as are the District of Columbia, Puerto Rico and the U.S. Virgin ELIGIBILITY Islands. 614 DIVISION STREET M.S.39 PORT ORCHARD, WA. 98366-4676 AND For more detailed information see our OFFICE HOURS: website at: 8:00 A.M. — 4:30 P.M. APPLICATION www.kitsapgov.com/dc
  • 2. STEPS TO PROCESS YOUR WHO MUST APPLY FOR ELIGIBILITY FOR APPLICATION INTERSTATE TRANSFER? TRANSFER If you have three (3) months or more ◊ Obtain an ICAOS packet from Probation Services, the If you are subject to the court’s jurisdiction for 365 days or more and remaining on your court jurisdiction, Court office or online at: http://www.kitsapgov.com/dc/ you may initiate an application for you have received a suspended or ◊ Obtain written proof of employment in the receiving state. deferred sentence or a deferred transfer if: prosecution for any of the following: 1. You are in substantial compliance with ◊ Obtain written proof that you will be living with a relative court obligations; and, in the receiving state. ◊ An offense in which a person has incurred 2. You are a resident of the receiving state, direct or threatened physical or or you have a resident family member in ◊ Obtain a photo of yourself—passport type. psychological harm; the receiving state with whom you will ◊ An offense that involves the use or reside; and, ◊ Obtain proof of compliance with all legal obligations in possession of a firearm; 3. You have employment in the resident Washington State. If you are on probation with another ◊ A second or subsequent misdemeanor state or a verifiable means of support. court, you must also notify them of your desire to move. offense of driving while impaired by drugs 4. You have no active warrants or You must also obtain proof that you are in compliance or alcohol, including DUI, Physical Control and receive their permission to move. pending cases. or Negligent Driving 1. ◊ Schedule an appointment with Probation Services to ◊ A sexual offense that requires the offender submit the packet forms and information required. to register as a sex offender in Washing- ton, including Communication with a Minor MILITARY MEMBERS AND ◊ Pay the $80.00 application fee. for Immoral Purposes and Sexual DEPENDENTS Misconduct with a Minor. If eligible, your application will be sent on to the You may qualify for immediate or Washington State Compact Office and forward to WHO CAN HELP YOU ? expedited transfer if you have been the receiving state who will investigate your plan. deployed to another state or you live Expect to wait 60-90 days for approval. with a military member who has been You can obtain information from this deployed. brochure, your lawyer, probation or the court to If approved, you will receive reporting instructions help you determine if you need to apply for In- 1. You must be in substantial compliance from the receiving state. terstate Compact transfer. with your court obligations. 2. You must have a means of support. Your application must be processed through 3. If you are a dependent, you must plan to After transfer, Washington State will continue to Probation Services even if you are on live with the military member in the re- receive reports from the receiving state regarding unsupervised probation. ceiving state. your compliance with court obligations. 4. You must file an application. If Probation Services determines that you are not eligible for transfer, you may request a You may be required to return to Washington hearing before a judge. State under certain circumstances. (Revised 7/25/06)