What Washington’s Interstate Compact Has to Do with Your Domestic Violence Case
If you have been convicted of domestic violence and are a Washington resident who wants to move out of state, or if you live in another state and want to relocate to Washington, you are subject to the Interstate Commission for Adult Offender Supervision (ICAOS), also known as the Interstate Compact. People with a qualifying offense must follow specific instructions if they wish to leave Washington or move here.
If you have a domestic violence conviction and are considering relocating, you should work with an experienced criminal defense attorney to ensure that you remain compliant with your probation, and to give you the best chance of having your relocation request approved.
What Is the Interstate Compact?
The ICAOS, also known as the Interstate Compact, is an agreement among all 50 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico that creates a uniform set of procedures that people with qualifying convictions must follow if they wish to move to another state. People with a qualifying conviction must notify both the state they are leaving and the state they are moving to, and both states must consent.
If you have a qualifying conviction and wish to move out of state, you must:
- Inform the judge or probation officer of the sentencing court of your desire to move out of state
- Get approval for relocation
- Apply for a transfer of supervision through ICAOS
If you are an out-of-state resident who wishes to move back to Washington, you must follow a similar procedure.
Qualifying offenses under the Interstate Compact include:
- Domestic Violence
- Violation of a Protection Order
- Child Abuse
- An offense that involved the use of a firearm
- A second or subsequent DUI
ICAOS keeps track of people who are on probation using the Interstate Compact Offender Tracking System (ICOTS) public web portal. ICOTS logs information such as when a person on probation leaves a state, enters a state, or violates probation. The general public can access limited information about the location of people on probation through ICOTS.
Because one of the purposes of the ICAOS is victim safety, the victim of a domestic violence crime will be notified of your desire to relocate to another state.
Who Qualifies for Relocation Under the ICAOS?
If you have been convicted of a qualifying offense and wish to move to another state, you need to apply for relocation. To apply for relocation, you should:
- Talk to your probation officer about your desire to move
- If your probation officer approves, complete an application
- Wait for approval from the ICAOS office in your home state
- If approved, have the application transferred to the receiving state
- Wait for the receiving state to approve your application
- Get reporting instructing for your new state
- Pay any necessary fees and move
- Report to your new probation officer
The offender’s home state can decide whether or not to let someone with a qualifying conviction relocate. If the sending state approves, the receiving state is obligated to accept the transfer, as long as the offender:
- Has more than 90 days of supervision remaining
- Has a plan for supervision that was approved by the offender’s probation officer
- Is in compliance with the terms of supervision in the sending state
- Can obtain employment or has a means of support
- Is a resident of the receiving state, has family in the receiving state who is willing and able to assist as specified in the plan of supervision, or the receiving state consents to the transfer
The transfer process usually takes about 45 days from the date the request is received by the receiving state. Successfully applying for a transfer is a complicated process, and an experienced criminal defense attorney can help.
What Happens After I Relocate?
The receiving state can impose new conditions of probation on the offender, as long as those conditions are similar to conditions imposed on people who are on probation for a similar crime in the receiving state.
Every state charges a different amount for supervised probation. Learn about the fees charged by each state for supervised probation by referring to the ICAOS cost chart
If you transfer to another state and commit another crime, the state where your original crime was committed retains jurisdiction and can order your return.
The Campbell Law Firm Helps Ensure Compliance with the Interstate Compact
If you have been convicted of domestic violence and wish to relocate to Washington, or if you live in Washington and wish to relocate to another state, you must comply with the Interstate Compact. By working with an experienced criminal defense attorney, you give yourself a better chance of having your request for relocation approved. The best way is to work out a resolution to your case that avoids the Interstate Compact. The Campbell Law Firm has extensive experience with cases involving the Interstate Compact in Anacortes, Oak Harbor, Mount Vernon, Friday Harbor, Skagit County, Island County, and San Juan County.