Category: Sentencing · Statute: F.S. 949.07 · Source: Florida Legislature
Understanding Interstate Compact (Supervision) in Florida
In Florida, the Interstate Compact for Adult Offender Supervision (ICAOS), codified under Florida Statute Section 949.07, is the formal legal mechanism that governs how offenders on probation, parole, or community control can transfer their supervision to another state. While individuals do not have a constitutional right to move while serving a sentence, the Compact provides a structured, uniform process to facilitate transfers for employment, family support, or residency. Florida acts as both a "sending state" when a local probationer wishes to leave, and a "receiving state" when an out-of-state offender relocates to Florida.
Under this statutory framework, the receiving state agrees to supervise the offender under its own local standards while enforcing the original conditions imposed by the sending state. Crucially, the sending state retains ultimate jurisdiction over the case. If the offender violates the terms of their supervision in the receiving state, the compact mandates a formal reporting process. Depending on the severity of the violation, Florida Statute Section 949.07 and ICAOS rules may require the sending state to issue a warrant and retake physical custody of the offender, bypassing traditional, lengthy extradition proceedings.
How the Interstate Compact Impacts Bail and Pretrial Release
When an out-of-state offender is arrested in Florida for violating their transferred supervision, or when a Florida probationer is arrested in another state, securing bail is exceptionally difficult. Under ICAOS rules and Florida law, individuals arrested on a Compact retaking warrant are typically held without bond. Because the sending state retains sole authority over the underlying sentence, Florida courts generally lack the jurisdiction to set a bail amount or grant pretrial release, requiring the defendant to remain in custody until they are transported back to the demanding state.