Legal Definitions - sending state

The term sending state refers to a state (one of the United States or a similar jurisdiction) that initiates or facilitates the transfer of a person, an object, or legal authority to another state. This transfer typically occurs under a formal agreement, such as an interstate compact or a specific legal procedure designed to ensure cooperation and proper jurisdiction between states. The sending state is the one from which the transfer originates, effectively relinquishing some degree of its direct jurisdiction or responsibility over the transferred entity.

• Example 1: Interstate Compact for Adult Offender Supervision

  Imagine a person convicted of a felony in State A is granted parole. This individual wishes to move to State B to live with their family and secure employment. Under the Interstate Compact for Adult Offender Supervision, State A approves the transfer of the parolee's supervision to State B. In this scenario, State A is the sending state because it is transferring the responsibility for supervising the parolee from its jurisdiction to State B.

• Example 2: Interstate Agreement on Detainers (IAD)

  Consider a situation where an individual is incarcerated in State X for a crime committed there. However, State Y has an outstanding warrant for the same individual for a separate, unrelated crime. State Y formally requests temporary custody of the prisoner from State X to prosecute the charges in its own courts, following the procedures of the Interstate Agreement on Detainers. Here, State X acts as the sending state because it temporarily releases the prisoner from its custody to State Y for legal proceedings.

• Example 3: Interstate Compact on the Placement of Children (ICPC)

  Suppose a child in the foster care system of State P needs to be placed with approved relatives who reside in State Q. The child welfare agency in State P arranges for this placement, ensuring all requirements of the Interstate Compact on the Placement of Children are met. State P is the sending state because it is facilitating the transfer of the child's placement and ongoing supervision from its jurisdiction to State Q.