Quote Quoting Elle4459
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so even though he had no where to leave at time of sentencing, and the judge knew he lived in NC I thought I seen a code under compact that made his situation mandatory, that is what has me confused I guess I maybe misunderstanding it.

Well thank you for you response.
are you talking about this:




Rule 3.101 - Mandatory transfer of supervision
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:

(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

(b) has a valid plan of supervision; and

(c) is in substantial compliance with the terms of supervision in the sending state; and

(d) is a resident of the receiving state; or

(e)
  • (1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
    (2) can obtain employment in the receiving state or has means of support.


and a note to go along with that:

References:
ICAOS Advisory Opinions
7-2004 [While a sending state controls the decision of whether or not to transfer an offender under the Compact, the receiving state has no discretion as to whether or not to accept the case as long as the offender satisfies the criteria provided in this rule]
so, to start with, I see nothing requiring the original state has a requirement to allow the transfer. Then, while under the rules in place, the receiving state may have to accept the transfer but there are conditions that have to be met before it can be mandated.

and since he has this:

He has also accused him of failing 2 drug test and 1 alcohol so my friend goes to Dr. as soon as he is tested to be blood tested and never came up positive.. but that is for his own records he has not told the PO he does that.
he is not in compliance with the terms of his probation so.....................

I would suggest that if he wants to transfer, he actually speak with his PO about this and toe the line on the terms of his probation. Until then, it would appear he is going to be a guest of the state of New Jersey.