| Oregon Interstate Compact |
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| Oregon Interstate Compact for Adult Community Supervision (CCOM) |
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The Interstate Compact Agreement, signed by all fifty (50) states and three Territories, sets guidelines by which convicted felons who are under supervision, can move from the state in which they were convicted (sending state) to another state (receiving state). This agreement allows certain offenders to be supervised by the receiving state which can impose any conditions of supervision necessary to provide for the safety of the public.
The Interstate Compact Office administers this agreement by ensuring that necessary documentation and legal compliance is present when an offender requests to move from or to Oregon.
The receiving state, through local parole/probation officers, investigates the offender´s proposed residence plan. If the plan is acceptable, the offender is given permission to move. Offenders moving into Oregon are supervised by parole/probation officers from the community corrections department which services the areas in which the offender resides.
Offenders who fail to comply with the conditions of supervision are returned to the state from which they came.
Oregon is a "balanced state" in that the number of offenders moving into Oregon under the Interstate Compact Agreement is virtually the same as the number who move out. A separate interstate compact agreement governs interstate transfers of inmates.
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| Interstate Compact Transfer Eligibility and Process |
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The Interstate Compact for Community Supervision of Offenders (hereafter called "Compact") is an agreement between the states that provides a legal and procedural process for the transfer of supervision of offenders between states. Persons who are on probation, parole or post-prison supervision may be eligible to transfer their correctional community supervision from the state they are currently in to another if certain criteria are met. To be considered for transfer to another state, offenders must be either a resident of that state or have immediate family and employment in that state. The following definitions will be helpful:
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Resident: For the purpose of transfer of supervision under the terms of the Interstate Compact, an offender on probation, parole or post-prison supervision may be considered a resident of a state if the offender has been an actual inhabitant of such state continuously for more than one year prior to coming to the sending state and has not resided in the sending state more than six months immediately preceding the commission of the offense for which the offender has been convicted.
This is a strict definition used in the compact; being born and raised or having lived in a state for a long time does not qualify an applicant.
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Family: For purposes of the Interstate Compact, family is defined to be parents, grandparents, adult children, adult siblings, legal spouse, legal guardian and stepparents.
Girlfriends, boyfriends, common-law spouses, fiancées, aunts, uncles, friends, employers etc. are not acceptable residences under the compact.
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Employment: Employment is defined as full time work for an employer for which livable wagers are paid and is of ongoing duration. Self-employment is difficult to adequately prove and is not readily accepted by receiving states. Public grants and welfare are not generally accepted as employment.
In some circumstances, where the family demonstrates adequate resources and a willingness to temporarily provide for the offender, the offender may be allowed to transfer while seeking employment. This occurs rarely. An offer of employment is normally required.
A receiving state may accept any offender as a discretionary acceptance independent of their qualifications under the compact. A good example would be to allow an offender to accept a college scholarship in a state he has not right to transfer to under the compact. This happens rarely and only for extraordinary reasons.
Application for Interstate Compact transfer to another state may only be made by an inmates institutional release counselor or an offenders community corrections supervision officer. Compact transfer requires the approval of one of these individuals. Family, friends, courts or others are not permitted to apply for compact transfer of an offender.
An offender desiring to be transferred under the Interstate Compact should directly approach their release counselor or community supervision officer and propose the transfer. It is helpful for the offender to bring evidence of availability of acceptable residence and employment and/or evidence of residency in the receiving state. Written evidence of home and work offers and state residency will strengthen requests.
Offenders with outstanding warrants or pending court or board hearings are not allowed to compact out of state. Previously compacted offenders who were returned to Oregon, at cost to Oregon, may not re-compact until that cost is repaid.
After the Application for Compact Transfer is sent to the Oregon Compact Office, it is forwarded to the receiving states compact office and from there is sent to the community corrections field office closest to the proposed residence. A community corrections or parole officer will be assigned the case and will visit the proposed residence and verify the proposed plan. The investigation request is due back in the receiving states compact office within 45 days. The Oregon Compact office normally moves requests and responses through within two days of receipt. Other state´s compact offices processing time ranges from a few days to months, depending on backlog and staffing. California Probation Compact is the slowest and typically takes six to nine months and sometimes a year or more.
Most states respond to transfer investigation requests within 90 days. The offender normally stays in the sending state pending completion of the investigation and acceptance or rejection of the proposed transfer. If transfer is granted to the receiving state, the offender will be given specific instructions on how, when and where to report in the receiving state. Travel to the receiving state during compact investigations is generally not allowed.
Please do not call the compact office to check the status of your request. Notice of acceptance is immediately relayed to the submitting release counselor or community supervision officer upon receipt. Unnecessary status requests only delay this information´s arrival at it´s destination.
Frequently Asked Questions
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How can I apply for interstate compact transfer to another state?
Applications for compact transfer require the approval and submission of paperwork by an inmate´s release counselor or an offenders community corrections supervision officer. Offenders desiring transfer should contact one of these persons. Offenders may not apply for interstate compact transfer on their own behalf.
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What can family and friends do to assist the transfer process?
Family and friends may assist the inmate or offender by helping gather evidence of acceptable residence and offers of employment. The actual application for compact transfer can only be worked out between the inmate or offender and the release counselor or community supervision officer.
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How can I check on the status of an application for interstate compact transfer?
There is nothing that can be done to speed this process. It involves at least two agencies in two states and will normally take about 90 days. Do not call the compact office to check on transfer status. When we receive a response from the receiving state, it is immediately relayed to the counselor or officer who applied. Remember, probation compact applications to California take an abnormally long time.
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Who can I call to speed things up?
Calling agencies involved in the compact process does not speed the process up --- it slows it down. There are precious few staff in compact offices and unnecessary calls only serve to divert them from the work that needs doing. Compact offices will never speed your request as that would delay someone else´s who applied before you. This would be unfair and is not done. Leave the compact to do it´s work as fast as possible. Be patient.
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What can I do if my release counselor or community corrections officer won´t agree to submit a compact transfer request?
Your release counselor or community corrections supervision officer has the final say regarding submission of compact transfer requests. You may not compact out of state without the consent of these persons. Your only recourse may be the inmate or offender grievance process if your concerns regard alleged violations of rules or procedures. Generally, working positively and cooperatively with your assigned counselor or officer is most productive.
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