INTERSTATE COMPACT AND MISDEMEANOR CONVICTIONS BY TRACEY TURI 2014
WHY INTERSTATE? Interstate was created after several instances where states allowed supervised offenders to leave their jurisdiction and move to another state without notifying the new jurisdiction. While being unsupervised in the new jurisdiction these offenders committed inconceivable crimes. Families of the victims sued the states which were found liable. These acts lead to the conception of interstate. All 50 states are part of the compact.
ENFORCEMENT All courts and executive agencies in each member state must enforce the Compact and take necessary actions to enforce it. You can not circumvent a statutorily required sentence so an offender would not have to comply with interstate or be subject to it.
WHO QUALIFIES? Sentence must be a year. Offense in which a person has incurred direct or threatened physical or psychological harm. Use or possession of a firearm. Second or Subsequent DUI. No time frame between offenses. Sex offense that requires the offender to register as a sex offender in the sending state.
WHO QUALIFIES (con t) Resident of receiving state at time of offense. Resident family in receiving state for more than 180 days who have indicated a willingness to accept the offender. Family is considered parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian and step-parent. A fiancée, in-laws, common law spouse and cousins DO NOT QUALIFY. Military Transfer. Spouses Military Transfer. Employment transfer of family member to another state. Employment transfer of the Offender. Transfer of Veterans for medical or mental health service.
TRANSFER PROCESS Receiving state has up to 45 days to investigate and respond to a transfer request. An offender is not allowed in the receiving state during this time period. If the offender is discovered to be in the receiving state the transfer will be rejected. If an offender is present in the receiving state for their plea to the Court and they are a legal resident of the receiving state for more than 180 days the offender can not leave until the receiving state has accepted them. This process is expedited and must be completed within 48 hours. If an offender plea s in absentia the sending state has 7 days to submit all required paperwork for transfer. The offender does not need to leave the receiving state during this process. Courts DO NOT have the authority to order an offender to the receiving state prior to acceptance. Compacting states recognize that there is no right of any offender to live in another state and that the duly accredited officers of a sending state may at all times enter a receiving state and apprehend and retake any offender under supervision. All misdemeanor offenders who meet the criteria of Rule 2.105 MUST be transferred through Interstate Compact if they wish to relocate to another state, even if the Court has allowed the offender to report by mail. If the receiving state denies an offender for transfer the offender MUST return to the sending state within 15 days. If the offender does not return a warrant that is effective in all 50 states must be issued.
VIOLATIONS IF THREE OR MORE SIGNIFICANT VIOLATIONS OCCUR FROM SEPARATE INCIDENTS THAT ESTABLISH A PATTERN OF NON COMPLIANCE SENDING STATE SHALL ISSUE A WARRANT WITHIN 15 DAYS. IF THE OFFENDER FAILS TO RETURN TO THE SENDING STATE WITHIN 15 DAYS A WARRANT THAT IS EFFECTIVE IN ALL 50 STATES MUST BE ISSUED. OFFENDER DOES NOT HAVE THE RIGHT TO BAIL. SENDING STATE MUST RETAKE THE OFFENDER WITHIN 30 BUSINESS DAYS AFTER THEY HAVE BEEN TAKEN INTO CUSTODY. IF AN OFFENDER ABSCONDS FROM SUPERVISION THE SENDING STATE MUST ISSUE A NATIONAL ARREST WARRANT THAT IS EFFECTIVE IN ALL 50 STATES.