Mississippi  Department of  Corrections

Christopher B. Epps  

Phil Bryant

Commissioner   

 Governor  

 

 

 

Interstate Compact

 

Interstate Compact

The Mississippi Department of Corrections (MDOC) is a member of the Interstate Commission for Adult Offender Supervision, which is an agreement entered into by eligible jurisdictions within the United States and its territories.  The Interstate Compact Division monitors the supervision of all offenders placed on community-based supervision within the state of Mississippi and member states.

At the discretion of the sending state, any offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision:

 

*        is in substantial compliance with the terms of supervision in the sending state and

*        is a resident of the receiving state; or

*        has resident family in the receiving state who have indicated  a willingness and ability to assist as specified in the plan of supervision; and

*        can obtain employment in the receiving state or has a visible means of support.

 

A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision. 

Probationers and parolees may submit application for transfer to another state by contacting his correctional field officer, correctional case manager, or parole releasing authorities. Several compact forms must be completed and an application fee of $50.00 must be submitted at the time the transfer is requested.

 

In accordance with sec. 3.103of the National Commission rules, Acceptance of the offender by receiving state. To review the law in its entirety go to: www.adultcompact.org.

 

A sending state shall not allow an offender under supervision in the sending state to relocate to a receiving state without the receiving state’s acceptance of the transfer of supervision. 

 

Exception:

A sending state may grant a travel permit to an offender who was living in the receiving state at the time of sentencing.

This exception is not applicable to offenders released to supervision from prison;

 

Prior to granting a travel permit to an offender under sec.3.103(b)(1), the sending state shall verify that the offender is a resident of the receiving state and shall immediately contact the receiving state’s Interstate Compact office by telephone, telefax, or electronic mail to request provisional reporting instructions.

A travel permit, not to exceed seven days, may be issued to the offender to allow for the request and issuance of reporting instructions. A copy of the travel permit will be immediately forwarded to the receiving state by telephone, telefax, or electronic mail and will expire either upon the offender’s arrival in the receiving state or on the travel permit expiration date. The sending state retains supervisory responsibility during this period.  If the receiving state rejects the transfer request or the travel permit expiration date is reached, rules3.103 (b)(5)(A) & (B) shall apply. 

The sending state shall ensure that the offender sign all forms requiring the offender’s signature under sec. 3.107 (a) prior to granting a travel permit to the offender.  The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.  The receiving state shall issue reporting instructions no later than two business days following receipt of such notification and request from the sending state.

A receiving state shall assume responsibility for supervision of an offender who is granted reporting instructions during the investigation of the offender’s plan of supervision upon the offender’s arrival in the receiving state.

A sending state shall transmit a completed transfer request for an offender granted a travel permit no later than 15 calendar days following the granting to the offender of the travel permit.

If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 15th day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request from the receiving state, direct the offender to return to the sending state by a date specified by the sending state.

If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender by issuing a warrant or an order to return no later than 10 calendar days following the offender’s failure to appear in the sending state.

The receiving state shall continue to supervise the offender until a warrant is issued or notice is given by the sending state as required under sec.4.105.

In accordance with sec. 3.1032 of the National Commission rules, Temporary travel permits. To review the law in its entirety go to: www.adultcompact.org.

 

A sending state may issue a temporary travel permit to an offender for:

 

*        travel as allowed under sec.3.103 (b)(2)(C);

*        not more than 24 hours for repeated travel to the same destination in another state for treatment medical, dental or mental healthcare appointments, employment or classes in an educational institution;

*        documents must be provided by the offender and sent to the receiving state;

*        a daily schedule of offender travel shall be submitted;

*        the days, weeks and hours of the day the offender is permitted to be in the receiving state must be provided;

*        a travel permit may cover a three-month period and may be renewed quarterly by the sending state, provided the offender is in substantial compliance with the terms of supervision.

*        the temporary permit shall automatically expire upon completion of the treatment, change of employment, completion of classes or withdrawal from the educational institution, or upon submission of a violation report.

*        an offender should not be allowed to travel more than 30 calendar days for employment that regularly requires the offender to travel outside the sending state for more than 24 hours. 

*        an offender shall be required to provide the sending state with documentation, which the sending state shall verify, of the employer, location and type of employment, and the anticipated duration of the travel.

*        the thirty-calendar-day travel permit may be renewed by the sending state for additional thirty-calendar-day periods, provided the offender submits documentation of continued employment, which shall be verified by the sending state, and provided further that the offender is in substantial compliance with the terms of supervision.

*        not more than 90 calendar days for temporary employment in another state.

*        the sending state shall require the offender to provide documentation of the employer, location and type of employment, and anticipated duration of employment.

*        the sending state shall require the offender to provide his or her residence address while the offender is temporarily employed outside of the sending state.

*        a sending state shall not issue the offender more than one temporary travel permit to the same state within a twelve-month period.

*        a sending state that issues a temporary travel permit under this subsection shall notify the law enforcement agency in the receiving state of the offender’s presence in the receiving state and the anticipated duration of the offender’s stay.

 

Sex offenders are not eligible for temporary travel permits under paragraphs (3), (4), or (5) of subsection (a) of this section unless the receiving state consents to the offender’s travel. 

The sending state remains responsible for supervision of an offender issued a temporary travel permit.

 

Victim notification

Notification to victims upon transfer of offenders within one business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws.

The receiving state shall respond to requests for offender information from the sending state no later than the 5th business day following the receipt of the request.

 

Communications

All formal written, electronic, and oral communication regarding an offender under this compact shall be made only through of a state’s compact administrator or the compact administrator’s designated deputies. sec.2.101(b)