Transfer Out FAQ
Transfer Out FAQ
Following court sentencing, you should report IMMEDIATELY to the Berks County Adult Probation Office. You should expect that you will be in our office for a few hours after the hearing to complete the necessary paperwork and other actions necessary for transfer through Interstate Compact. Don’t expect or schedule transportation for return to your state the day of sentencing.
Yes. If you have continuously resided in the other state for at least 1 year. However, if you have not lived in the other state for at least a year, you may have to wait in PA for up to 45 days pending approval.
If the receiving state determines that violations have occurred, they can submit a paperwork in ICOTS called “Violation Report Requiring Retaking”. If this occurs, PA will return your case to Berks County (most likely in custody) for further court action.
ICOTS, Interstate Compact Offender Tracking System, is the case management system that is utilized to transfer Adult Offenders to other states while under supervision of the courts. ICAOS, Interstate Commission for Adult Offender Supervision, is the Commission that sets the rules and oversees Interstate Compact Cases.
In order to submit for a transfer request through the Interstate Compact you must:
- Have an eligible charge at sentencing (Felony Offense or any Eligible Misdemeanant)
- Have 3 or more months remaining on supervision
- “Substantial Compliance” – no pending charges, warrants, detainers, etc.
- Valid Plan and means of support in the Receiving State (an offender should have family in the receiving state or is being transferred for employment or is being transferred for military purposes)
Eligible Misdemeanants must include 1+ year of supervision AND
- A person incurred direct or threatened physical harm or psychological harm
- Use or Possession of a Firearm
- 2nd or subsequent conviction of driving while impaired (drugs or alcohol)
- Any Sex Offense requiring registration in the sending state
Your case will be assigned to a Probation and/or Parole Department near the location where you reside. You will be expected to adhere to the rules as set forth through the Berks County Probation and Parole Department and any supervision standards of the receiving state.
The case will close at the expiration of the terms of your sentence. You will not need to return to PA for the case to be considered officially closed.