How Nevada fits in the “Interstate Compact” – A Legal Guide

The Interstate Compact for Adult Offender Supervision (ICAOS) regulates the interstate movement of people on probation for felonies or certain serious misdemeanors.

ICAOS prohibits moving to a different state without prior approval from both states. Even a temporary trip requires transfer of supervision between states if you will be away for at least 45 days.

Here are three key things to know:

1. All 50 states follow the ICAOS.
2. If you are approved to move, the new state can impose different probationary terms and costs on you.
3. Moving or traveling without permission is a probation violation that could land you in jail or prison.

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 you if you were convicted of any felony or certain misdemeanor criminal offenses. For a misdemeanor to fall under the ICAOS, you must have been sentenced to at least one year of supervision. Plus the misdemeanor itself must be either:

1. an offense where a person incurred direct or threatened physical or psychological harm;
2. a gun crime;
3. a second or subsequent DUI; OR
4. a sex crime that requires sex offender registration¹

Check with your attorney to see if the ICAOS applies to you.

2. Can I go to another state if I am on probation?

If your probation is subject to the ICAOS, you may not leave without the permission of both:

• your home state (“sending state”) and
• the state you want to travel to (“receiving state”).

However if you plan to travel for less than 45 days, you usually need the permission of only the sending state. In any event, you must contact your PO and attorney to process a transfer request or travel permit.

Nevada’s Probation Department is more likely to approve a permanent transfer if you have good prospects in the receiving state. This typically includes

• a job offer,
• family, and
• a place to live.

It also helps if you have been compliant. This includes completing the required treatments and paying all

• fines,
• court costs,
• and restitution.

A transfer is never guaranteed. Even being accepted into college in the other state does not ensure a transfer.²

3. What if I leave Nevada without permission?

If you violate probation going out of state without permission, you may be arrested by law enforcement and extradited back to your home state. It does not matter if you are no threat to public safety.

In Nevada, the probation department may recommend that your probation be revoked. This means that you would be remanded to jail.

Alternatively, the judge may either:

• give you a warning,
• lengthen the probationary period, and/or
• impose harsher terms.

If you are accused of violating probation, consult with an attorney. Probation revocation hearings are much harder to win than trials.³

4. Can the receiving state change my 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. Plus there are no fees to apply for transfer to Nevada. For the cost in other states, see the ICAOS cost chart.⁴

5. How does Nevada track my probation?

Nevada relies on the Interstate Compact Offender Tracking System (“ICOTS”). This web-based system eases the interstate transfer of your probation supervision.

Each year ICOTS processes 150,000 transfer requests. It also logs such information as:

• when you leave or enter a state,
• your probation progress,
• whether any violations occurred, and
• when a case closes.

The public can access limited information about your location. Go to the ICOTS Public Portal.⁵

For information on convicted sex offenders, search the Nevada Sex Registry.  Learn more in our article on Nevada Sex Registration laws.

6. Does the ICAOS notify victims when I move or travel?

Yes. Victims can also contact their ICAOS rep with questions.⁶

7. Who regulates the ICAOS in Nevada?

The Nevada State Council for Interstate Adult Offender Supervision. It includes

• state legislators,
• judges, and
• 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.⁷

8. Who is part of the ICAOS?

All 50 states in the United States are part of the ICAOS including

• New York,
• Washington, D.C (District of Columbia),
• the U.S. Virgin Islands, and
• Puerto Rico.

These party states are obliged to abide by the ICAOS rules.⁸

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Interstate Compact for Adult Offender Supervision: Parolee and Probationer Supervision Enters the Twenty-First Century – McGeorge Law Review.
• Interstate Supervision of Parole and Probation – Crime & Delinquency.
• Interstate Cooperation in Probation and Parole – Federal Probation.
• Developments in Interstate Compact Law and Practice 2021 – Urban Law.
• The Interstate Compact for the Supervision of Parolees and Probationers – Intramural Law Review.

Also see our articles about the early termination of probation in Nevada and discharge from probation (NRS 176A.850).

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Legal References