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Interstate Compact Transfer of Sex Offenders

At first impression one would think that sex offenders would not be permitted to transfer their probation from one state to another. However, the rules of interstate compact adult probation transfer apply to sex offenders just as they do to standard felony offenders. But there are, as you might expect, some additional requirements in the application and reporting requirements.

In addition to the standard interstate compact application, the sending state is required to include in sex offense cases the following additional paperwork, to the extent possible:

(1) assessment information, including sex offender specific assessments;
(2) social history;
(3) information relevant to the sex offender's criminal sexual behavior;
(4) law enforcement report that provides specific details of sex offense;
(5) victim information

  • (A) the name, sex, age and relationship to the offender;
  • (B) the statement of the victim or victim's representative;

(6) the sending state's current or recommended supervision and treatment plan.

Although the rule has the "extent possible" limitation on what the sending state provides, it really means it – the advisory opinion on the rule makes this clear. It states that an investigation of this type of case would be worthless if the state that is sending the individual does not provide the receiving state with the proper details regarding the offense. The receiving state needs to be able to look at the individual and determine whether or not their actions directly violate certain local laws. This makes sense of course – what state wants to receive a sex offender where little is known of the circumstances of the offense.

There are also two additional limitations on sex offender transfer in cases where the offender lived in the receiving state at the time of sentencing. First, if the location of the residence is, as a registered sex offender, an illegal one, the transfer can be refused. Second, the offender is not permitted to return to the receiving (home) state while the application is pending. Note that even though the second requirement imposes a limitation on the probationer, there are shortened time limits within which each state is required to complete the paperwork.

Be sure to contact our office if you have been charged with a sex crime in Phoenix or if you desire to transfer to another state to complete your probationary period. We can work with you towards your desired results.