Interstate Compact Probation Rules

Sending State – a State that requests the transfer of an offender or entrusts him with the supervision of an offender in accordance with the provisions of the Covenant and its rules. Some states charge a fee for processing an intergovernmental transfer request. Offenders should discuss this with their supervisor when considering the possibility of a move. The offender should also inquire about the host State`s guidelines regarding his or her fees and supervisory fees. The purpose of the Interstate Commission for Adult Offender Supervision is to assess and process the transfer of adult probation officers from one state to another while maintaining ongoing oversight. You will need to complete a transfer request. Then, it is up to your probation officer and the “sending state” (the state that put you on probation) to decide if your case is eligible for transfer. In many cases, both States have a wide margin of appreciation with regard to this decision. In other words, California`s decision to send a candidate is always discretionary, and only if very strict requirements are met should a host state accept you. If you are on probation and supervised by a probation officer, you can expect to face challenges when moving to another state.

Many probation officers are surprised and unhappy to learn that even informal probation can prevent them from moving to another state before their probation expires. If you are on probation and want to move to another state during the probationary period, you may need to apply for a transfer through the Interstate Compact. The request for transmission shall clearly indicate that the offender will comply with the conditions imposed on him by the sending or receiving State. In addition, the rules of the Covenant clearly stipulate that the receiving State has the power to determine the level of supervision and to impose additional conditions, provided that these are compatible with the supervision of other similar offenders convicted in the host State. Rule 4.101 provides that under this Convention, the receiving State shall supervise new offenders in the same manner as it would supervise its own convicted offenders in the same manner within their State border. In other words, the host State is not obliged to reduce your supervision simply because this is the practice in the sending State The purpose of the Interstate Pact is to ensure public safety by maintaining the supervision of probation officers. Unfortunately, the process of applying for and obtaining interstate Covenant approval can cause confusion, frustration and despair for probation officers and their families affected by this process. ICAO rules do not require verification of bus or airline tickets, but the laws of each state could do so.

** Note: For the purposes of the Interstate Compact, the actual charge you are relying on is not relevant to determining the conduct that involves the offence. It is the underlying facts that lead to the charges – not just the last charge you are on probation for – that control. For example, if you are fighting and are charged with assault (beating someone), but instead negotiate a plea and are found guilty of disturbing public order (no allegation of violence), you must still file a request for transmission via Interstate Compact. The probation officer reviews the entire police report to determine what the crime is. Continuing your training alone does not meet the mandatory transfer standard (see Rule 3.101), but ICAO rules allow for a discretionary transfer of supervision. Transfers of discretion require the sending State to provide sufficient documentation to justify a request for a transfer and the receiving State has the right to accept or refuse such a request for a transfer. We recommend that you contact your probation officer about your transfer request. Should – means that a state or other actor is obliged to take a measure whose non-compliance may lead to the imposition of sanctions, as permitted by the Interstate Covenant for the Supervision of Adult Offenders, its statutes and rules. Use the form below to get a full set of interstate probation/probation transfer packages, including an eligibility guide, as well as a 15-minute one-on-one session with attorney Jennifer Gerstenzang to review your specific interstate probation/transfer issues.

Be sure to choose a time that allows you to thoroughly review the uploaded documents and prepare your questions to get the most out of our meeting! You must apply before leaving the state. If you are located outside of California and are trying to apply for an Interstate Compact, your application will be denied without question and without exception. You must remain in the state where you were placed on probation when you applied for the Interstate Compact. To determine whether you should apply for the Interstate Compact, you can contact an attorney who practices in the county where you are on probation. Although the Interstate Compact is required in all criminal cases, each misdemeanor case must be assessed. Sometimes the courts do not refer the case to the Interstate Compact and sometimes probation does not require it. However, it is advisable to know in advance what your obligations are, as not applying can lead to an arrest warrant! “When I needed to focus on laser law through coaching, Jennifer was there to help me. Their professionalism and caring attitude towards their customers are remarkable. I highly recommend these talented lawyers! In some cases, temporary travel authorizations may be issued. However, by following the recommendations below, you can avoid violating your supervision and compromising your pending referral request. “Professional, conscientious and positive throughout the experience. She always responded quickly to emails and phone calls, and even went to the physical location of my quote and printed a Google map of the landscape to better understand the situation.

Very reserved. History: Adopted on 4 November 2003 with effect from 1 August 2004; amended on 26 September 2007 with effect from 1 January 2008; amended on October 13, 2010 with effect from March 1, 2011; amended on August 28, 2013 with effect from March 1, 2014; amended on September 14, 2016 with effect from June 1, 2017. “From the first call to the final resolution, Jennifer has been proactive, professional, compassionate and effective. If you are looking for one of SoCal`s best lawyers, I highly recommend contacting Jennifer » Moving to another state for more than 45 consecutive days is covered by the rules. .