eligibility for transfer part i: nature of offense misdemeanor felony physical harm? firearm...

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Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible for Transfer Under ICAOS Depending On Sentence (See Part II) Offense not Covered by ICAOS Probation Parole Flat Time Eligible for Transfer Under ICAOS Depending On Sentence (See Part II) Type of Offense Not Subject to ICAOS Unless Community Supervisio n Involved Infractions & Civil Offenses

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Page 1: Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible

Eligibility for Transfer Part I: Nature of Offense

MisdemeanorMisdemeanor

FelonyFelony

Physical Harm?Physical Harm?

Firearm Offense?Firearm Offense?

2nd Offense DUI?2nd Offense DUI?

Sex Offense?Sex Offense?

Other OffensesOther Offenses

Eligible for Transfer Under ICAOS DependingOn Sentence (See Part II)

Eligible for Transfer Under ICAOS DependingOn Sentence (See Part II)

Offense notCovered by

ICAOS

Offense notCovered by

ICAOS

ProbationProbation

ParoleParole

Flat TimeFlat Time

Eligible for Transfer Under ICAOS DependingOn Sentence (See Part II)

Eligible for Transfer Under ICAOS DependingOn Sentence (See Part II)

Type of OffenseType of Offense

Not Subject to ICAOS Unless

Community Supervision

Involved

Infractions &Civil Offenses

Page 2: Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible

Eligibility for Transfer Part II:Sentencing/Supervision Considerations

Sentencing Outcome

Sentencing Outcome

Sentence w/ SupervisedProbation or Other Community-Based

Supervision

Sentence w/ SupervisedProbation or Other Community-Based

Supervision

Deferred Sentencing

(See Part III)

Deferred Sentencing

(See Part III)

Sentence w/ no Probation or Formal

Supervision

Sentence w/ no Probation or Formal

Supervision

Eligible forTransfer

Under ICAOS

Eligible forTransfer

Under ICAOS

ICAOS Does Not Apply

ICAOS Does Not Apply

Page 3: Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible

Eligibility for Transfer Part IIIDeferred Sentencing Considerations

Is it aDeferred Sentence

Under ICAOS?

Is it aDeferred Sentence

Under ICAOS?

Defendant Admits Guilt; Court Accepts Plea but Defers Sentence

& Final Judgment in lieu of Supervised Probation, Treatment,

or Community Corrections Program

Defendant Admits Guilt; Court Accepts Plea but Defers Sentence

& Final Judgment in lieu of Supervised Probation, Treatment,

or Community Corrections Program

Eligible forTransfer Under

ICAOS

Eligible forTransfer Under

ICAOS

Court Enters Final Judgment Of Guilt but Suspends Execution of Sentence in lieu of Supervised

Probation, Treatment orCommunity Corrections Program

Court Enters Final Judgment Of Guilt but Suspends Execution of Sentence in lieu of Supervised

Probation, Treatment orCommunity Corrections Program

Court Defers Entry of JudgmentOr Execution of Sentence;

Offender not Subject toAny Supervision Program

Court Defers Entry of JudgmentOr Execution of Sentence;

Offender not Subject toAny Supervision Program

ICAOS Does NotApply

ICAOS Does NotApply

Page 4: Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible

Acceptance of Transfer by Receiving State, Felony

Felony Offender withThree Months or

More of SupervisionRemaining and in

Substantial ComplianceIn the Sending State

Felony Offender withThree Months or

More of SupervisionRemaining and in

Substantial ComplianceIn the Sending State

Resident ofReceiving

State?

Resident ofReceiving

State?

Has Resident Family

Who Will SupportSupervision Plan?

Has Resident Family

Who Will SupportSupervision Plan?

Can Obtain EmploymentOr has Means of

Support?

Can Obtain EmploymentOr has Means of

Support?Acceptance

RequiredAcceptance

Required

YesYes

YesYes

NoNo

NoNo

Acceptance NotRequired; Discretionary

Transfer

Acceptance NotRequired; Discretionary

Transfer

Military Members Subject to Valid Orders of DeploymentMilitary Members Subject to Valid Orders of Deployment

NoNo

No

Yes

Employment Transfer of Family Member

Employment Transfer of Family Member

Living with Family Military Members who are Subject to Valid Orders of

Deployment

Living with Family Military Members who are Subject to Valid Orders of

Deployment

Can Obtain EmploymentOr has Means of Support?Can Obtain Employment

Or has Means of Support?

Page 5: Eligibility for Transfer Part I: Nature of Offense Misdemeanor Felony Physical Harm? Firearm Offense? 2nd Offense DUI? Sex Offense? Other Offenses Eligible

Acceptance of Transfer by Receiving State, Misdemeanor

Resident ofReceiving

State?

Resident ofReceiving

State?

Can Obtain EmploymentOr has Visible Means of

Support?

Can Obtain EmploymentOr has Visible Means of

Support?Acceptance

RequiredAcceptance

Required

YesYes

YesYes

NoNo

Acceptance NotRequired; Discretionary

Transfer

Acceptance NotRequired; Discretionary

Transfer

NoNo

YesMisdemeanor

Offender ConvictedOf a Covered Offense& Subject To 1 Year

or More of Supervision

No

Has Resident Family

Who Will SupportSupervision Plan?

No

Military Members Subject to Valid Orders of DeploymentMilitary Members Subject to Valid Orders of Deployment

Living with Family Military Members who are Subject to Valid Orders of DeploymentLiving with Family Military Members who

are Subject to Valid Orders of Deployment

Employment Transfer of Family Member

Employment Transfer of Family Member

Can Obtain Employment

Or has Means of Support?

Can Obtain Employment

Or has Means of Support?