“Interstate Compact” in Nevada – A Quick Legal Breakdown

The Interstate Compact for Adult Offender Supervision (“ICAOS”) regulates the U.S. travel of people on probation.

Depending on your case, you may not be able to travel between Nevada and other states without approval from both states. Nevada and other 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 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 travel between states if I am on probation?

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

• The home state (“sending state”), and
• The state you want to travel to (“receiving state”)

If you wish to travel, contact your PO. Also consult with your attorney to process a transfer request under the provisions of this compact.

Nevada’s Probation Department is more likely to approve a 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 travel without permission?

If you violate probation by traveling out of state without permission, you may be arrested by law enforcement and extradited back to the 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?

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 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

For additional help…

Are you on probation in the state of Nevada? Do you wish to leave the state? Contact our Las Vegas criminal defense attorneys. We will help you navigate the confusing Nevada Interstate Compact system.

You can call or 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.

We represent clients all throughout the state, including Las Vegas, Reno, Henderson, North Las Vegas, Lake Tahoe, and more. We offer payment plans during the COVID 19 pandemic.

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

In California? See our article on California probation transfers.

In Colorado? See our article on Colorado probation transfers.

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