The document discusses the legal authority and history of the Interstate Compact for Adult Offender Supervision (ICAOS). It was established in 1937 to oversee the supervision of parolees and probationers across state lines. All 50 states are now members of ICAOS under the authority of the U.S. Constitution and the 1934 Crime Control Act. The document goes on to provide information about eligibility and the application process for transferring supervision to another state under ICAOS.
To Begin The Process Legal Authority And History Of Icaos
1. Legal Authority and KITSAP COUNTY
DISTRICT COURT
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-
ADULT OFFENDER
sional consent to ICAOS.
SUPERVISION of
Establishment of the Interstate Compact
MISDEMEANANTS
for the Supervision of Parolees & Proba-
tioners — 1937 (as to felons).
There is no “right” of convicted persons to
To Begin the Process
travel across state lines or to control
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
Phone ( 360) 337-7109
1402,Washington laws of 2005.
All 50 states are members of this inter-
state agreement, as are the District of
ELIGIBILITY
Columbia, Puerto Rico and the U.S. Virgin
Islands.
614 DIVISION STREET M.S.39
PORT ORCHARD, WA. 98366-4676 AND
OFFICE HOURS:
For more detailed information see our
APPLICATION
8:00 A.M. — 4:30 P.M.
website at:
www.kitsapgov.com/dc
2. ELIGIBILITY FOR
STEPS TO PROCESS YOUR WHO MUST APPLY FOR
TRANSFER
APPLICATION INTERSTATE TRANSFER?
If you have three (3) months or more
◊ If you are subject to the court’s
remaining on your court jurisdiction,
Obtain an ICAOS packet from Probation Services, the
jurisdiction for 365 days or more and
Court office or online at: http://www.kitsapgov.com/dc/ you may initiate an application for
you have received a suspended or
◊ transfer if:
deferred sentence or a deferred
Obtain written proof of employment in the receiving state.
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,
◊ An offense in which a person has incurred
in the receiving state. 2. You are a resident of the receiving state,
direct or threatened physical or or you have a resident family member in
◊ psychological harm;
Obtain a photo of yourself—passport type.
the receiving state with whom you will
◊ An offense that involves the use or reside; and,
◊ possession of a firearm; 3. You have employment in the resident
Obtain proof of compliance with all legal obligations in
◊ A second or subsequent misdemeanor state or a verifiable means of support.
Washington State. If you are on probation with another
offense of driving while impaired by drugs
court, you must also notify them of your desire to move. 4. You have no active warrants or
You must also obtain proof that you are in compliance or alcohol, including DUI, Physical Control pending cases.
and receive their permission to move.
or Negligent Driving 1.
◊ ◊ A sexual offense that requires the offender
Schedule an appointment with Probation Services to
to register as a sex offender in Washing-
submit the packet forms and information required.
MILITARY MEMBERS AND
ton, including Communication with a Minor
◊ for Immoral Purposes and Sexual
Pay the $80.00 application fee.
DEPENDENTS
Misconduct with a Minor.
You may qualify for immediate or
If eligible, your application will be sent on to the
expedited transfer if you have been
WHO CAN HELP YOU ?
Washington State Compact Office and forward to
deployed to another state or you live
the receiving state who will investigate your plan.
with a military member who has been
Expect to wait 60-90 days for approval.
You can obtain information from this deployed.
brochure, your lawyer, probation or the court to
help you determine if you need to apply for In-
If approved, you will receive reporting instructions 1. You must be in substantial compliance
terstate Compact transfer.
from the receiving state. with your court obligations.
2. You must have a means of support.
3. If you are a dependent, you must plan to
Your application must be processed through
After transfer, Washington State will continue to live with the military member in the re-
Probation Services even if you are on
receive reports from the receiving state regarding ceiving state.
unsupervised probation.
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)