To Begin The Process Legal Authority And History Of Icaos


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To Begin The Process Legal Authority And History Of Icaos

  1. 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:
  2. 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: 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)