Section 160. Transfer procedures and documentation

ASAPs shall not retain offenders who reside outside of or not employed in their service area. In a rate instance, an offender may request not to be transferred. Such request shall be in writing and kept in the offender file. When transfers occur prior to enrollment, no fee shall be collected by the originating ASAP unless otherwise directed by the court of referral.

When transfers occur after enrollment, the entire ASAP fee (minus state portion, if paid to the state) shall be transferred. A lesser amount may be agreed upon by the originating and receiving ASAPs.

Interstate or intrastate transfers of offenders shall be accomplished as provided below.

Receipt of Interstate Transfers. Offenders transferred into the VASAP system will be referred through one of three procedures; (i) petitioning the general district court within the jurisdiction where they reside; (ii) direct referral under the authority of the Interstate Compact Agreement; or (iii) other procedures approved by the Commission on VASAP.

1. Petition. Offenders convicted in another state and requiring VASAP to stop revocation of their operator's license in Virginia, must request VASAP probation through the petition process. This is of special importance to those offenders convicted in states which are members of the Interstate Violator Compact.

2. Direct referral. Offenders who have been convicted in another state and whose operator's license is not subject to revocation or suspension action, or whose license status will not be affected by VASAP involvement, may be referred directly into the VASAP system under the Interstate Compact Agreement. Each referral must be supported by formal documents from the sending state verifying the action taken by the sentencing court.

The following case management procedures and documents shall be used in conjunction with the transfer requirements referred to in Transfer Policy, VASAP Policy and Procedure Manual (24VAC35-10-10 et seq.):

1. File Documentation for transfers.

a. Interstate transfer (transfer to agencies outside of Virginia).

(1) Minimum file documentation necessary for transfer of offender prior to ASAP intake shall be as follows:

(a) Transfer form.

(b) Court document ordering or requiring participation.

(c) Case summary information.

(d) Arrest information (if available).

(2) Minimum file documentation necessary for transfer after initial session of when offender is actively involved in ASAP shall be as follows:

(a) Transfer form.

(b) Court document ordering or requiring participation.

(c) Case summary information.

(d) Arrest information (if available).

(e) Classification summary information and results of testing instrument used.

(f) Copy of questionnaire completed by offender revealing alcohol or other drug use or general information.

(g) Progress report on offender (if available).

b. Interstate transfers (transfer from agencies outside of Virginia).

(1) Minimum documentation necessary for transfer from the originating ASAP to other out-of-state agencies shall be as follows:

(a) Letter of transmittal including specific reporting needs of the ASAP.

(b) Interstate DUI Transfer Form.

(c) Properly-completed consent for release of information.

(d) Court document ordering ASAP participation.

(e) Arrest information and other alcohol or drug use information (as available).

(2) Procedures for ASAP receiving transfers. The ASAP receiving a transferred offender shall have the following responsibilities with respect to the originating ASAP and other states or agencies:

(a) Intrastate transfers.

(1) Within 10 days of receipt of transfer case, the ASAP shall complete and return Part I of the transfer form.

(2) Upon classification, the ASAP shall complete and return Part II of the transfer form.

(3) The report form shall be used to forward the report, after return of Parts I and II of the Transfer Form, when such reports are requested by the originating ASAP.

(4) The report form shall be used to notify the originating ASAP within 30 days of the successful completion and within five days of noncompliance by the offender.

(b) Interstate transfers.

(1) After receipt of the transfer case, the ASAP shall return notification of enrollment if requested by the originating state or agency.

(2) Upon classification, the ASAP shall return notification of the education or treatment assignment.

(3) The report form shall be used to forward reports, unless other forms are provided by the out-of-state agency, when such reports are requested by the originating state or agency.

(4) The originating state or agency shall be notified within 30 days of the successful completion by the offender.

Historical Notes

Derived from VR647-01-03 § 2.14, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.