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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) |