I am a 290 sex offender registrant under community supervision, and I want to transfer to another state. Are there special rules that apply to my transfer request?
Yes. If you are registered as a sex offender and want to transfer your state or county supervision (meaning state parole, PRCS, or county probation) to a different state, then In addition to the steps and rules listed in the previous question, the following special rules also apply to your transfer request:
- You must meet the eligibility requirements listed in the question above (see PG. 217)—it is up to the receiving state whether or not you have met these requirements.
- You are not allowed to leave the sending state until the sending state’s request for transfer of supervision has been approved, or reporting instructions have been issued, by the receiving state.
- In addition to the information normally required in an application for transfer, the sending state must provide the following information in a request to transfer the supervision of a registered sex offender (if available):
- assessment information, including sex offender specific assessments;
- social history;
- any information relevant to the sex offender’s criminal sexual behavior;
- a law enforcement report that provides specific details of sex offense;
- victim information, including: (1) the victim’s name, sex, age and relationship to you and (2) the statement of the victim or victim’s representative;
- and the sending state’s current or recommended supervision and treatment plan.
- The receiving has 5 business days to review your proposed residence to make sure it will comply with local policies and laws before issuing you reporting instructions. If the proposed residence violates state law or policy, the receiving state may deny reporting instructions.
- You are not allowed to receive a travel permit by your sending state until reporting instructions are issued by the receiving state (with very few exceptions). Talk to the California Interstate Compact Office or contact a lawyer if you need advice—since the rules are complex.
We mentioned earlier that each state in the U.S. runs its own criminal justice system—including deciding criminal laws, methods of incarceration, and community supervision. In addition to each state running its own system, the federal government (which oversees all the states) has a separate system to prosecute federal offenses (including things like drug trafficking, human trafficking, immigration, national security, computer fraud, corporate “white-collar” crimes.) In the next two sections of the PAROLE & PROBATION CHAPTER, you will learn about the types of correctional supervision in the community that are RUN BY THE U.S. FEDERAL GOVERNMENT:
- Part V covers FEDERAL PROBATIONPart VI covers FEDERAL SUPERVISED RELEASEPart VII covers FEDERAL PAROLE
For additional rules applying to interstate transfer of your parole, PRCS, mandatory supervision, or county probation as a sex offender, see ICAOS Rule 3.101-3. ↑