Most people on probation cannot relocate or even travel between states without first getting approval from both states. This procedure can be very tedious, and there's no guarantee the states will give their permission. But a seasoned Nevada criminal defense lawyer knows how to expedite this process and to increase the likelihood of success.
This page explains how the "Interstate Compact for Adult Offender Supervision" regulates interstate travel of those people who are currently on probation. Scroll down to learn more.
What is the Interstate Compact for Adult Offender Supervision?
The Interstate Compact for Adult Offender Supervision (commonly abbreviated as "ICAOS") is an agreement among all fifty states and three territories to regulate the interstate travel, supervision and rehabilitation of people on probation. The ICAOS is best illustrated by an example:
John is on probation for a felony DUI in Nevada. He wants to move to California for a job opportunity. But under the ICAOS he may not move unless he gets permission from both the Nevada and California probation departments. And if he does get permission, California takes on the obligation of supervising John's probation.
For a visual illustration of how the Interstate Compact works refer to this
Does the Interstate Compact for Adult Offender Supervision apply to everyone on probation?
It applies to everyone convicted of a felony in Nevada or of certain misdemeanor crimes in Nevada. The misdemeanors that qualify are when the sentence includes one (1) year or more of supervision, and the crime involved one or more of the following:
(1) an offense in which a person has incurred direct or threatened physical or psychological harm; or
(2) an offense that involves the use or possession of a firearm; or
(3) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; or
(4) a sexual offense that requires the offender to register as a sex offender in the sending state.
Anyone on probation should contact a lawyer and their probation officer to determine whether they're subject to the Interstate Compact.
Don't people on probation in Nevada have the right to travel to other states?
Not necessarily. People on probation may not relocate without the official permission of the home state ("sending state") as well as the state the person wants to travel to ("receiving state"). And some people on probation may not even travel out of state without each state's permission. Officials will also notify any victims of the probationer's crime about his/her travel or relocation.
People on probation who wish to leave the state need to contact their probation officer at the Nevada Division of Parole and Probation as well as their attorney in order to process a transfer request.
What happens if a person on probation in Nevada travels out of state without permission?
A person who violates probation by traveling out of state without permission may be arrested and returned back to the home state. People on probation waive any right to extradition in Nevada. Therefore Nevada authorities can go into the other state and take the person back without having a hearing first.
Once the person on probation is back in Nevada, the probation department may then recommend to the judge that the person's probation be revoked and he/she be sent to prison. Or else they may lengthen the period of probation and add harsher terms.
How does Nevada track the whereabouts of people on probation?
The Interstate Commission for Adult Offender Supervision has set up the Interstate Compact Offender Tracking System ("ICOTS"). The ICOTS is a web-based infrastructure which facilitates the transfer of supervision of probationers between states.
According to the Interstate Compact Commission, each year the ICOTS is used to process 150,000 transfer requests. It also logs such information as to when a person on probation leaves a state, enters a state, his/her probation progress, whether he/she violated probation, and when a case closes.
The general public can access limited information about the location of people on probation through the ICOTS Public Portal. For further information on the whereabouts of convicted sex offenders, the public may search the Nevada Sex Registry. Read our article on the Nevada Sex Registration laws.
If a person on probation in Nevada gets permission to move, can the receiving state impose new conditions of probation?
Yes. The receiving state is required to supervise transferees in a way that's consistent with the supervision of other people on probation for the same crime in the receiving state.
If a person on probation in Nevada gets permission to travel to another state, does that person have to come back to Nevada if he/she breaks the law in the receiving state?
It depends on the circumstances. One minor crime like speeding usually won't cause Nevada to demand that the person return. But more serious crimes may result in that person being transferred back to Nevada to face a probation violation.
How do people on probation in Nevada increase their chances of being approved for a transfer to
Nevada Probation is more likely to approve a transfer if the person has good prospects in the receiving state such as a job offer, family and a place to live. It also helps if the person has been compliant, has completed all required treatments, and paid all fines, court costs and restitution. But a transfer is never guaranteed, even if the person is accepted into college in the other state.
Does probation cost the same amount in other states as it does in Nevada?
Every state is different. Probation supervision in Nevada 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.
Can people who are incarcerated in Nevada be released to another state right after they're released?
Inmates should consult their caseworker about the possibility of moving to a new state right after their release.
What happens if there's ever a conflict between Nevada law and the rules of the Interstate Compact of Adult Offender Supervision ("ICAOS")?
ICAOS rules always take precedence over state rulings.
Who regulates the Interstate Compact for Adult Offender Supervision in Nevada?
The Nevada State Council for Interstate Adult Offender Supervision oversees and coordinates the Interstate Compact on the state level. The State Council is comprised of governor-appointed administrators and members of the state legislature.
The Nevada State Counsel for the Interstate Adult Offender Supervision is reachable by phone at 775-684-2604 or 702-486-3298. Their email address is [email protected]. The public can also read the
Interstate Compact Rules in Nevada.
On probation? Call a lawyer to know your rights . . .
If you're on probation in Nevada and wish to leave the state, contact Las Vegas Criminal Defense Attorneys for free at 702-DEFENSE (702-333-3673). They can process your transfer request and advocate your case to your probation officer.