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Generally, you cannot move to another state if you are on probation until your probation ends. However, if you want to move for a good reason – such as to be closer to family or to accept a job offer – you may be able to have your probation transferred under the Interstate Compact. The Compact is governed by the Interstate Commission for Adult Offender Supervision, of which all U.S. states and territories are members. The process is somewhat lengthy and complicated, but it's the only way you can transfer your probation from one state to another. Otherwise, you must remain in the state in which you were sentenced until your probation term has ended.
Steps
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Determine whether you're eligible for a transfer. The Compact has established specific criteria a parolee must meet to be eligible for transfer.
- You must go through the Compact's transfer process if you were convicted of a felony or certain misdemeanors that involve more than a year probation, and you have more than 90 days of probation remaining.
- Misdemeanors for which transfer through the Compact is required include those involving physical or psychological violence, possession of a firearm, or sex offenses for which registration is required.
- Generally, you qualify for a mandatory transfer if you were a resident of the state to which you want to move for at least a year or have family who've lived there at least 180 days and are willing to assist with your supervisory requirements. You also must be in compliance with all the probation rules in your state prior to transfer.
- Keep in mind that if you don't meet the criteria for a mandatory transfer, whether your transfer will be approved is subject to a good deal of discretion on the part of committees both in the sentencing state (where you currently live) and the receiving state (where you want to move). [1] X Research source
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Discuss your desire to move with your parole officer. If you believe you meet the basic eligibility criteria, bring the idea up with your parole officer and get his or her opinion on the viability of a transfer.
- If you need to travel immediately, you should mention this the first time you talk to your parole officer so he or she can set the process in motion. You also may be eligible to receive a temporary travel permit until your transfer is approved, but this process must begin as soon as possible if your need to travel is urgent. [2] X Research source
- However, if you were convicted of a sex offense you are not eligible for a temporary travel permit, and cannot travel to another state for any length of time without completing the Compact transfer process and being approved for transfer.
- Ask your parole officer about the fees and cost of supervision in the state where you want to move, as they may differ from the costs you pay in your current state. [3] X Research source
- Keep in mind that the Compact doesn't require your probation officer to cooperate with you. If your probation officer doesn't agree with your plans to transfer, or doesn't believe the transfer is viable, it may be extremely difficult if not impossible for you to get the transfer approved. [4] X Research source
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Provide the necessary information to your probation officer. To complete your application, your probation officer must have additional documentation about the opportunities you want to pursue in the other state.
- Your reasons for transfer will determine in part whether you qualify for a mandatory or discretionary transfer. If your reason does not qualify for a mandatory transfer, the receiving state has the right to reject your transfer request. [5] X Research source
- For example, relocation to attend an inpatient treatment or rehabilitation program in another state is not in and of itself enough to qualify for a mandatory transfer. [6] X Research source
- Keep in mind that submitting a transfer application with inadequate information can result in the delay or even rejection of your transfer. [7] X Research source
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Complete the transfer application. To begin the transfer process, you must fill out the required application to be forwarded to a committee in your current state.
- Along with your application form, the packet also must include evidence of employment or other means of financial support in the state to which you want to transfer, proof of your own prior residency in the state or the residency of your family, and evidence of your compliance with all the legal conditions and requirements of probation.
- Your family or friends in the state where you want to move may assist you with gathering evidence, but your transfer application can only be completed by you and your probation officer.
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Submit your transfer application to the compact office in your current state. Typically your parole officer actually will send the application to the compact office.
- Keep in mind that the transfer process may take several months, and no specific criteria exist for determining when circumstances justify expediting an application. Both the sentencing state and the receiving state make independent decisions regarding the speed with which your application will be processed. [8] X Research source
- You may have to pay transfer fees when you submit your application. These fees vary widely among states, and may be anywhere from $25 to $200. The fee is non-refundable regardless of whether your application is approved. [9] X Research source
- A few states provide a waiver of fees if you can demonstrate that paying the fee would result in undue financial hardship; however, the vast majority of states have no waiver provision. [10] X Trustworthy Source State of Indiana Official site for state-approved sources related to life in Indiana, including laws, services, and culture Go to source
- Typically your fee must be made payable to the Clerk of Circuit Court, but your probation officer should be able to tell you specifics in your jurisdiction regarding the payee and method of payment.
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Wait for a decision from the compact office. Once the compact office in the sentencing state receives your application, they will review it to determine if you meet the state's requirements for a transfer.
- If your current state determines that your plan and reason for transferring to the other state is not viable, it will reject your application and the transfer will not take place.
- In some jurisdictions, you have the right to request a hearing before a judge if your transfer application is rejected by your current state. Check with your probation officer if your application is available to find out if you can request a hearing.
- Keep in mind that your current state court has no authority either to allow or order your transfer to the other state. The other state must grant permission before you can move there.
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Have your transfer application forwarded to the compact office in the state where you want to move. If the sentencing state approves your transfer, it must send the application to be reviewed by the receiving state.
- Your current state will determine whether your reasons for transfer and supervision plan are viable before sending the application to the state where you want to move.
- Keep in mind the Compact does not include a deadline by which your current state must make its decision regarding your application, so this step may take some time.
- Once the sentencing state has made a decision regarding your application, you will be notified whether it has denied your application or approved it and forwarded it to the receiving state for review.
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Wait for the results of the receiving state's investigation. The receiving state will conduct an investigation of your situation and the circumstances surrounding your application and make a decision whether to accept your transfer.
- The state where you want to move must provide its decision within 45 days of receiving your application. [11] X Research source
- If your reasons for transfer do not meet the criteria for a mandatory transfer, the compact office in the state where you want to move has discretion on whether to accept or reject your application.
- Keep in mind that the ability to transfer your probation is a privilege, not a right, and as such you have no right to appeal the decision if your application is rejected by either your current state or the state to which you want to move. [12] X Research source
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Receive reporting instructions from your receiving state. If the receiving state accepts your transfer, it will send you instructions on how to move and what to do once you arrive in the state.
- Your new state may impose additional conditions to your probation, provided these conditions would have been imposed had you been sentenced in that state. [13] X Research source
- Your new state also may require monthly supervision fees that differ from those you had to pay in the sentencing state. Review your reporting instructions carefully to determine what fees you must pay and when they are due. [14] X Research source
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Understand the consequences of transfer. Before you leave, make sure you have fulfilled all requirements and are prepared to follow the reporting instructions in the new state.
- Keep in mind that the transfer rules don't require the receiving state to reduce your supervision just because that was the practice in the state in which you were sentenced. The receiving state only has to supervise you in the same way it would anyone else on probation in that state. [15] X Research source
- Although you have been given permission to move to the new state, the state in which you were sentenced still has jurisdiction over your case and can order you to return at any time.
- To complete your probation term, you must be in compliance with both the conditions imposed by the receiving state and those imposed by the sentencing state.
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Move to your new state. You must make arrangements to move within the dates listed in your reporting instructions.
- Individual state laws may require verification of a bus or plane ticket to travel to your new state. Review your reporting instructions to determine the requirements for your situation. [16] X Research source
- Generally travel isn't permitted until after the transfer process is completed and you have received reporting instructions. If you set out early, you risk having your application rejected or being re-sentenced for a parole violation.
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Report to your new parole officer. Follow your reporting instructions regarding when, where, and how to meet your new parole officer.
- Keep in mind that your new parole officer cannot collect fines, restitution, or court costs you are required to pay pursuant to your original sentence. If you still owe money to the sentencing state, you must make payment arrangements with the sentencing state.
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References
- ↑ https://calcareers.ca.gov/CalHrPublic/GeneralInfo/Transfers.aspx
- ↑ https://probation.gov.ph/wp-content/uploads/2014/09/Omnibus-Rules-on-Probation.pdf
- ↑ https://parole.nebraska.gov/content/information-parole-clients
- ↑ https://parole.nebraska.gov/content/information-parole-clients
- ↑ https://www.dac.nc.gov/documents/files/interstate-transfer-guide/open
- ↑ https://corrections.utah.gov/utah-state-correctional-facility/
- ↑ https://corrections.utah.gov/utah-state-correctional-facility/
- ↑ https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/GeneralInformation.aspx
- ↑ https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/InterstateCompact.aspx
- ↑ https://www.in.gov/courts/iocs/files/prob-intrastate-probation-transfer-rules.pdf
- ↑ https://www.tdcj.texas.gov/divisions/pd/interstate_compact.html
- ↑ https://www.gov.mb.ca/csc/policyman/probation.html
- ↑ https://www.opm.gov/policy-data-oversight/hiring-information/details-transfers/
- ↑ https://www.cor.pa.gov/parole-supervision/Pages/Interstate.aspx
- ↑ https://www.dgs.ca.gov/OHR/Resources/Page-Content/Office-of-Human-Resources-Resources-List-Folder/Personnel-Operations-Manual/Probationary-Period
- ↑ https://probation.lacounty.gov/adult-probation-faqs/
About This Article
Article Summary
X
To transfer probation because you’re moving to another state, you’ll need to see if you’re eligible for a transfer under the Interstate Compact. The best way to do this is to work with your probation officer, who can put the process in motion if you’re eligible, and assist you with things like fees and cost of supervision in the state you want to move to. To complete your application, your probation officer will ask for documentation, such as evidence of a job offer or proof of prior residency in the state. Once your application is complete, submit it to the compact office in your state along with the transfer fee, which can range anywhere from 25 to 200 dollars, depending on your state. For more advice from our Legal co-author, including how to report to your new probation officer after you move, keep reading.
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- "It told me a lot I needed to know as to how my son can be transferred. How ridiculous it is to take so long for the transfers to happen. These old laws need to change, especially if the move would be a powerful positive move for all involved. " ..." more
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