Transfers are not on scholarship the year they sit out so I doubt the NCAA can force them to sit out another year if they want to transfer.
They can be on scholarship at the new school from day 1, as long as they are academically eligible, and their previous school has granted their release.
There's situations all the time where coaches or AD's don't let the kid out of their scholarship, if they don't want a kid to go to a certain school, or are just being petty. In that case, the kid can still transfer, but he has to pay his own way for a year, after which he can receive a scholarship from the new school free and clear.