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Interstate Compact Transfer Guide

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Interstate Compact Transfer Guide Inmates requesting transfer following release: Q: Why establish rules for EVERY member state to fol- Transfer requests for incarcerated offenders may be started low? 120 days prior to release and the $250 transfer application fee must be paid prior to the transfer request being submitted to A: Stephanie Peyton Tuthill is the face of this compact. the other state. Peyton, a 24 year old graduate student and resident of Prior To Leaving North Carolina Florida, was attending college in Colorado at the time she Most conditions of probation can be considered for was murdered by Dante Terrous Paige. In college, she transfer EXCEPT active jail time. If another state can not enforce a particular condition of supervision, the receiv- was the president of her sorority, an environmentalist, a ing state will notify North Carolina so that it can be Interstate Compact addressed. volunteer for the American Cancer Society and Habitat for Humanity. She volunteered at a shelter for abused Supervision fees are collected by the receiving state and Transfer Guide not the sending state once the case is transferred for women. At the time he was released from a Maryland supervision. prison, Dante Terrous Paige had served 22 months of a If required, the offender must submit a DNA sample or This guide is intended to provide offenders, lawyers comply with other registration requirements. 20-year sentence for the violent crime of assault and and the judiciary with a better understanding of the armed robbery. Even though he had no family members mandatory steps to be taken when transferring super- ALL offenders MUST meet with a probation officer to vision to another state* sign the “Offender Application for Interstate Compact or friends in the state of Colorado, the Maryland court Transfer” (In signing this form, compact offenders waive all rights to extradition); a photo must be obtained, a allowed him to proceed to Denver to participate in a copy of the conditions of supervision must be given to The Interstate Commission for Adult Offender Supervi- the offender, and a payment schedule established if the halfway house program. This occurred without any no- sion (ICAOS) rules were created to promote public offender owes any court indebtedness. tice to Colorado authorities. Paige walked away from his safety and facilitate the movement of 250,000 offend- ers nationally. ICAOS rules are federal law and do not Collection of Money: program. Peyton died after returning from a job inter- impact the judicial sentencing of an offender, only how the offender is transferred and supervised over state A receiving state is NOT responsible for the collection of any view to find her apartment being burglarized by Paige monies owed; they are only responsible for advising the lines and returned to the sending state when neces- defendant of arrears when notified by North Carolina. who proceeded to rape and murder her. The state of sary. Out of State Treatment: Maryland settled a civil suit brought by the family. Compacts such as ICAOS have the authority of feder- al law and supersede any state law to the contrary. Sentencing authorities should refrain from ordering offend- ers to complete the conditions of probation, to include par- The ICAOS allows for enforcement of the Compact ticipation in treatment programs, outside of North Carolina’s against member states for noncompliance by: impos- jurisdiction. Ordering otherwise may create liability implica- ing fines and fees, remedial training and technical tions for North Carolina in the offender’s presence in a state assistance, legal enforcement, and suspension or without transfer through this compact. If an offender desires termination of membership in the compact. All 50 to attend a treatment program in another state, most likely states, the District of Columbia, Puerto Rico and the the case will not qualify under mandatory acceptance crite- ria; therefore, the receiving state will have the option to U.S. Virgin Islands are members of this interstate allow or disallow the offender to proceed immediately and agreement. will ultimately make the decision to accept or reject transfer of supervision as a discretionary transfer. North Carolina Interstate Compact The North Carolina Interstate Compact Office will For Adult Offender Supervision assist with the transfer of any eligible offender Effect of special conditions or requirements 2020 Yonkers Road, MSC 4259 under supervision to another state. (Rule 4.103-1) Raleigh, North Carolina 27699-4259 For purposes of revocation or other punitive action against an offender, the probation or paroling authority shall give Phone: (919) 716-3100 Option 3 Eligible offenders placed under supervision in North the same effect to a violation of special conditions imposed Fax: (919) 324-6248 Carolina CANNOT leave the state without permission by a receiving state as if those conditions or requirements from the North Carolina Interstate Compact Office. had been imposed by North Carolina. Failure of an offender www.ncdps.gov to comply with special conditions or additional requirements shall form the basis of punitive action in the sending state. If an offender under supervision is Transfer Application Fee found to be in the other state without Mandatory Transfer of Supervision Vs. Discretionary Transfer of Supervision proper authorization, the investigation Pursuant to “NCGS 148-65.7 (a) Persons convicted in this can be stopped until the offender Does the Offender have Resident state who make request to transfer to another state pursuant to leaves the state. (Offender or family Is the Eligible Offender A Resident, OR Family OR Live with Family the compact shall pay a transfer application fee of $250.00 for members can consult probation staff Military Member Subject to Valid Members who are either subject to No Valid Orders of Deployment by each transfer application submitted. The Commissioner or the PRIOR to sentencing, when possible, to Orders of Deployment? the Military OR Employment Commissioner’s designee may waive the application fee if the allow for contact to be made to the Transfer other state to determine if the offender fee will constitute an undue economic burden on the offender.” will be allowed to proceed immediately upon sentencing.) Prior to being given a travel permit to leave NC, the Trans- Yes Can Obtain Employment Or has Means of Support? Yes No fer Application Fee shall be paid through JPay. (checks will Transfer of offenders under not be accepted). this compact (Rule 2.110 (a)) Discretionary Transfer Application Fee is Non-Refundable No state shall permit an offender who is Mandatory Acceptance eligible for transfer under this compact to Acceptance Yes No relocate to another state except as provid- See payment options and locations listed below ed by the Compact and these rules.* **Transfer of Sex Offenders (Rule 3.101-3)** 1. Online at www.JPay.com “Relocate” means to remain in another state for more than 45 How it Works: Offenders create a free account associated consecutive days in any 12 month period. A sex offender (person required to register in either North Carolina with their OPUS number, then make a payment with a credit or or the receiving state) SHALL NOT BE ALLOWED to leave North debit card. Any offender that proceeds to the other state before receiving ap- Carolina until approved reporting instructions or final acceptance of 2. Phone 800-574-5729 proved reporting instructions, transfer acceptance or being given a the transfer request have been given by the receiving state. travel permit by the NC probation officer will be ordered to return to NC. Failure to return as instructed will be considered a violation How it Works: Offenders call JPay’s toll-free number to make of probation and an order for arrest will be issued. When requesting reporting instructions, the receiving state has 5 a payment with a credit or debit card through a live agent or business days to review the proposed residence to ensure compli- JPay’s interactive voice response system. Eligibility ance with local polices or laws. If the residence is found to be inva- lid due to existing state law or policy, the receiving state may deny 3. JPay Mobile App the reporting instructions. Felony Offenders How it Works: Offenders download the app from the Apple No travel permit shall be granted by North Carolina until re- App Store (for iPhones and iPads) or Google Play (for Android Misdemeanor Offenders with one year or more of supervision phones and tablets). They then create an account and make a and Instant offense includes one or more of the following: porting instructions are issued by the receiving state. payment with a credit or debit card. 1. An offense in which a person has incurred direct or threatened physical or psychological harm; Offenders requesting transfer after a period of supervi- 4. Walk-up Cash/MoneyGram 2. An offense that involves the use or possession of a firearm; sion in NC: How it Works: Offenders visit any MoneyGram agent loca- tion (Wal Mart or CVS) and fill out a blue express payment form 3. A second or subsequent DWI by drugs or alcohol; Offenders that have been supervised for a period of time in NC, who now and use Interstate Transfer Code 1263. 4. A sexual offense that requires the offender to register as a sex desire to have their supervision transferred out of state must meet the offender in the sending state. following eligibility criteria: 5. Money Orders 1. You must be a resident of a receiving state (resident means you Deferred Sentences – yes, if... How it Works: Offenders send a money order to JPay’s continually resided in that state for at least 1 year prior to the com- •Is there a finding of guilt? money order lockbox (PO Box 170360, Hialeah, FL 33017).
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