The Interstate Compact for Adult Offender Supervision ("ICAOS") regulates the U.S. travel of people on probation. Many probationers may not travel between states without approval from both states. And states can impose new probationary terms and costs on travelers.
In this article our Las Vegas criminal defense attorneys answer frequently-asked-questions about how the ICAOS operates.
1. Does the ICAOS apply to everyone on probation?
Not everyone. It applies to defendants convicted of any felony or certain misdemeanors. For a misdemeanor to fall under the ICAOS, the defendant must have been sentenced to at least one year of supervision. And the misdemeanor itself must be either:
- An offense where a person incurred direct or threatened physical or psychological harm;
- A gun crime;
- A second or subsequent DUI; OR
- A sex crime that requires sex offender registration
Defendants should check with their attorneys to see if the ICAOS applies to them.
2. Can people on probation travel between states?
Probationers subject to the ICAOS may not relocate without the permission of both:
- The home state ("sending state"), and
- The state the person wants to travel to ("receiving state")
Nevada probationers who wish to travel should contact their PO. They should also consult with their attorney to process a transfer request.
Nevada's Probation Department is more likely to approve a transfer if the defendant has good prospects in the receiving state. This typically includes a job offer, family, and a place to live.
It also helps if the probationer has been compliant. This includes completing the required treatments and paying all fines, court costs, and restitution. But a transfer is never guaranteed. Even being accepted into college in the other state does not ensure a transfer.
3. What if probationers travel without permission?
People who violate probation by traveling out of state without permission may be arrested and extradited back to the home state.
In Nevada, the probation department may recommend that the defendant's probation be revoked. This means that the defendant would be remanded to jail.
Alternatively, the judge may either:
- Give the defendant a warning,
- Lengthen the probationary period, and/or
- Impose harsher terms
Defendants accused of violating probation should consult with an attorney. Probation revocation hearings are much harder to win than trials.
4. Can the receiving state change the terms of probation?
Yes, as long as the changes are consistent with the receiving state's probationary terms for the same crime.
Also, the cost of probation in every state is different. In Nevada, probation supervision is $30 a month. And there are no fees to apply for transfer to Nevada. For the cost in other states, see the ICAOS cost chart.
5. How does Nevada track probationers?
The Interstate Compact Offender Tracking System ("ICOTS"). It is a web-based system. And it eases the interstate transfer of supervision of probationers.
Each year ICOTS processes 150,000 transfer requests. It also logs such information as:
- When a probationer leaves or enters a state,
- Probation progress,
- Whether any violations occurred, and
- When a case closes
The public can access limited information about probationers' locations. Go to the ICOTS Public Portal.
6. Does the ICAOS notify victims when probationers travel?
Yes. Victims can also contact their ICAOS rep with questions.
7. Who regulates the ICAOS in Nevada?
The Nevada State Council for Interstate Adult Offender Supervision. It includes state legislators and judges. It also includes councilmen appointed by the governor.
The Council's phone numbers are 775-684-2604 or 702-486-3298. Its email address is [email protected].
Sometimes ICAOS rules conflict with Nevada law. If this happens, ICAOS rules take precedence.
8. Who is part of the ICAOS?
All 50 states, Washington, D.C, the U.S. Virgin Islands, and Puerto Rico.
On probation? Call a lawyer to know your rights . . .
Are you on probation in Nevada? Do you wish to leave the state? Contact our Las Vegas criminal defense attorneys now. We will help you navigate the confusing ICAOS system.
You can reach us at 702-DEFENSE (702-333-3673). Or you can fill out the form on this page.
We can help process your transfer requests. We will advocate for your case to your probation officer. And we will keep you informed of your obligations so your travel goes smoothly.
In California? See our article on California probation transfers.
In Colorado? See our article on Colorado probation transfers.