How Nevada fits in the “Interstate Compact” – A Legal Guide

The Interstate Compact for Adult Offender Supervision (ICAOS) regulates the U.S. travel of people on probation for felonies or certain serious misdemeanors. In most cases, ICAOS prohibits interstate travel without prior approval from both states.

Here are three key things to know:

1. All 50 states follow the ICAOS.
2. If you are approved to move, the new state can impose different probationary terms and costs on you.
3. Traveling without permission is a probation violation that could land you in jail.

In this article, our Las Vegas criminal defense attorneys answer frequently asked questions about how the ICAOS operates.

Probationers convicted of felonies and some misdemeanors need permission to travel between states.

1. Does the ICAOS apply to everyone on probation?

Not everyone. It applies to you if you were convicted of any felony or certain misdemeanor criminal offenses. For a misdemeanor to fall under the ICAOS, you must have been sentenced to at least one year of supervision. Plus the misdemeanor itself must be either:

1. An offense where a person incurred direct or threatened physical or psychological harm;
2. A gun crime;
3. A second or subsequent DUI; OR
4. A sex crime that requires sex offender registration 1

Check with your attorney to see if the ICAOS applies to you.

2. Can I travel between states if I am on probation?

If your probation is subject to the ICAOS, you may not relocate without the permission of both:

• The home state (“sending state”), and
• The state you want to travel to (“receiving state”)

If you wish to travel, contact your PO. Also consult with your attorney to process a transfer request under the provisions of this compact.

Nevada’s Probation Department is more likely to approve a transfer if you have good prospects in the receiving state. This typically includes

• a job offer,
• family, and
• a place to live.

It also helps if you have been compliant. This includes completing the required treatments and paying all

• fines,
• court costs,
• and restitution.

A transfer is never guaranteed. Even being accepted into college in the other state does not ensure a transfer. 2

You may have to abide by harsher terms if you travel to another state.

3. What if I travel without permission?

If you violate probation by traveling out of state without permission, you may be arrested by law enforcement and extradited back to your home state. It does not matter if you are no threat to public safety.

In Nevada, the probation department may recommend that your probation be revoked. This means that you would be remanded to jail.

Alternatively, the judge may either:

• Give you a warning,
• Lengthen the probationary period, and/or
• Impose harsher terms

If you are accused of violating probation, consult with an attorney. Probation revocation hearings are much harder to win than trials. 3

4. Can the receiving state change my terms of probation?

Yes, as long as the changes are consistent with the receiving state’s probationary terms for the same crime.

Also, the cost of probation in every state is different. In Nevada, probation supervision is $30 a month. Plus there are no fees to apply for transfer to Nevada. For the cost in other states, see the ICAOS cost chart. 4

5. How does Nevada track my probation?

The Interstate Compact Offender Tracking System (“ICOTS”). This web-based system eases the interstate transfer of your probation supervision.

Each year ICOTS processes 150,000 transfer requests. It also logs such information as:

• When you leave or enter a state,
• Your probation progress,
• Whether any violations occurred, and
• When a case closes

The public can access limited information about your location. Go to the ICOTS Public Portal. 5

For information on convicted sex offenders, search the Nevada Sex Registry. Learn more in our article on Nevada Sex Registration laws.

6. Does the ICAOS notify victims when I travel?

Yes. Victims can also contact their ICAOS rep with questions. 6

7. Who regulates the ICAOS in Nevada?

• state legislators,
• judges, and
• councilmen appointed by the governor.

The Council’s phone numbers are

• 775-684-2604 or
• 702-486-3298.

Meanwhile, the Interstate Compact Unit of Nevada’s Department of Public Safety, Division of Parole and Probation oversees the offender supervision transfer in and out of the state to ensure compliance with federal compact rules. The Unit is comprised of:

• a manager,
• nine division specialists, and
• an administrative assistant.

Currently, the Unit is monitoring about two thousand people in other states who are on probation or parole in Nevada.

Sometimes ICAOS rules conflict with Nevada law. If this happens, ICAOS rules take precedence. 7

8. Who is part of the ICAOS?

All 50 states in the United States are part of the ICAOS including

• New York,
• Washington, D.C (District of Columbia),
• the U.S. Virgin Islands, and
• Puerto Rico.

These party states are obliged to abide by the ICAOS rules. 8

Additional reading

For more in-depth information, refer to these scholarly articles:

• The Interstate Compact for Adult Offender Supervision: Parolee and Probationer Supervision Enters the Twenty-First Century – McGeorge Law Review.
• Interstate Supervision of Parole and Probation – Crime & Delinquency.
• Interstate Cooperation in Probation and Parole – Federal Probation.
• Developments in Interstate Compact Law and Practice 2021 – Urban Law.
• The Interstate Compact for the Supervision of Parolees and Probationers – Intramural Law Review.

Legal References

1. Interstate Commission for Adult Offender Supervision, bylaws and Chapter 2. See also the compact administrator.
2. ICOAS Chapters 3 and 4. See also the Nevada Division of Parole and Probation. See also Corzine v. Laxalt (United States District Court for the District of Nevada , 2017) Case No. 3:17-cv-00052-MMD-WGC.
3. See also Mianecki v. Second Judicial District Court (The Supreme Court of Nevada, 1983) 99 Nev. 93, 658 P.2d 422.
4. ICOAS Chapter 4.
5. Interstate Compact Offender Tracking System (“ICOTS”).
6. ICOAS Rule 3.108-1.
7. Nevada State Council for Interstate Adult Offender Supervision. Federal Interstate Compact in Nevada.
8. ICOAS – about.

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