In Ohio an individual's Post Release Control ("PRC") under the Interstate Commission for Adult Offender Supervision ("ICAOS"). ICAOS facilitates the transfer of supervision services for offenders who want to move and are approved to reside and work in a state other than where they were convicted.
There are two (2) types of transfers - mandatory and discretionary.
Mandatory Transfer - the decision to transfer is solely at the discretion of the sending state (Ohio). An offender shall be eligible and the receiving state shall accept transfer, if the offender:
- Has more than 90 days of supervision remaining at the time transfer is submitted;
- Has a valid plan of supervision;
- Is in substantial compliance in the sending state; and
- Is a resident of the receiving state or (1) has resident family in the receiving state who are willing to assist and have the ability to assist and the offender can obtain employment or has means of support.
Discretionary Transfer - a sending state may request transfer of supervision to another state supported by sufficient documentation to justify the requested transfer. The receiving state shall have the discretion to accept or reject the transfer of supervision.
When a receiving state agrees to accept an eligible offender transferred under the compact agreement, the receiving state shall supervise the offender under the same standards of supervision and services by which their own offenders are supervised.
A receiving state shall complete an investigation and respond to a sending state's request for an offender's transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request. If a receiving state accepts transfer of the offender, the receiving state's acceptance shall include reporting requirements. Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender's departure. A receiving state shall assume responsibility for supervision of an offender upon the offender's arrival in the receiving state.
Further, a transfer request may be submitted prior to an offender's release. A sending state may submit a completed request for transfer of supervision no earlier than 120 calendar days prior to an offender's planned release.
If a pre-release transfer request has been submitted, a sending state shall notify a receiving state:
(1) if the planned release date changes; or
(2) if recommendation for release of the offender has been withdrawn or denied.
A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the 5th business day following the offender's intended date of departure and shall provide immediate notice of such withdrawal to the sending state.
Additionally, the below link is to the Interstate Commission for Adult Offender Supervision's website and the Chapter regarding the transfer of supervision.
If you or someone you care about has any questions regarding an inmate's Post Release Control Supervision (PRC) being transferred pursuant to the Interstate Commission for Adult Offender Supervision (ICAOS) so they can move to another state, please contact Attorney Michael C. Hennenberg to schedule a consultation.