Slide 1: Legal Authority and History of ICAOS
Article 1, Section 10, clause 3 of the U.S. Constitution authorizes compacts between states.
KITSAP COUNTY DISTRICT COURT
Crime Control Act of 1934 gave Congressional consent to ICAOS. Establishment of the Interstate Compact for the Supervision of Parolees & Probationers — 1937 (as to felons).
INTERSTATE COMMISSION for ADULT OFFENDER SUPERVISION of MISDEMEANANTS
There is no “right” of convicted persons to 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).
To Begin the Process
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 interstate agreement, as are the District of Columbia, Puerto Rico and the U.S. Virgin Islands.
ELIGIBILITY
614 DIVISION STREET M.S.39 PORT ORCHARD, WA. 98366-4676 OFFICE HOURS: 8:00 A.M. — 4:30 P.M.
AND APPLICATION
For more detailed information see our website at: www.kitsapgov.com/dc
Slide 2: STEPS TO PROCESS YOUR APPLICATION ◊ ◊ ◊ ◊ ◊
Obtain an ICAOS packet from Probation Services, the Court office or online at: http://www.kitsapgov.com/dc/ Obtain written proof of employment in the receiving state.
WHO MUST APPLY FOR INTERSTATE TRANSFER?
If you are subject to the court’s jurisdiction for 365 days or more and you have received a suspended or deferred sentence or a deferred prosecution for any of the following:
◊ ◊ An offense in which a person has incurred direct or 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, including DUI, Physical Control or Negligent Driving 1. A sexual offense that requires the offender to register as a sex offender in Washington, including Communication with a Minor for Immoral Purposes and Sexual Misconduct with a Minor.
ELIGIBILITY FOR TRANSFER
If you have three (3) months or more remaining on your court jurisdiction, you may initiate an application for transfer if:
1. You are in substantial compliance with court obligations; and, 2. You are a resident of the receiving state, or you have a resident family member in the receiving state with whom you will reside; and, 3. You have employment in the resident state or a verifiable means of support. 4. You have no active warrants or pending cases.
Obtain written proof that you will be living with a relative in the receiving state. Obtain a photo of yourself—passport type.
Obtain proof of compliance with all legal obligations in Washington State. If you are on probation with another court, you must also notify them of your desire to move. You must also obtain proof that you are in compliance and receive their permission to move. Schedule an appointment with Probation Services to submit the packet forms and information required. Pay the $80.00 application fee.
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MILITARY MEMBERS AND DEPENDENTS
You may qualify for immediate or expedited transfer if you have been deployed to another state or you live with a military member who has been deployed.
1. You must be in substantial compliance with your court obligations. 2. You must have a means of support. 3. If you are a dependent, you must plan to live with the military member in the receiving state. 4. You must file an application.
If eligible, your application will be sent on to the Washington State Compact Office and forward to the receiving state who will investigate your plan. Expect to wait 60-90 days for approval.
WHO CAN HELP YOU ?
You can obtain information from this brochure, your lawyer, probation or the court to help you determine if you need to apply for Interstate Compact transfer. Your application must be processed through Probation Services even if you are on unsupervised probation. If Probation Services determines that you are not eligible for transfer, you may request a hearing before a judge.
If approved, you will receive reporting instructions from the receiving state.
After transfer, Washington State will continue to receive reports from the receiving state regarding your compliance with court obligations.
You may be required to return to Washington State under certain circumstances.
(Revised 7/25/06)
