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If I live In Another State Can I Get My Probation Transferred?

If I live In Another State Can I Get My Probation Transferred?

Navigating the legal system can be complex, especially when dealing with probation requirements. If you are currently on probation in New Hampshire but need to move to another state, you might wonder whether it’s possible to transfer your probation. The good news is that probation transfers are possible, although far from a guarantee. Transfers involve a detailed process governed by the Interstate Compact for Adult Offender Supervision (ICAOS). Understanding this process and its requirements can help you successfully manage your probation while relocating. Both the supervising state and the receiving state have to agree to the transfer.

Understanding the Interstate Compact for Adult Offender Supervision (ICAOS)

The Interstate Compact for Adult Offender Supervision (ICAOS) is an agreement between all 50 states, the District of Columbia, and three U.S. territories that provides a framework for the supervision of adult offenders across state lines. The compact ensures that individuals on probation or parole can be supervised and held accountable regardless of where they live in the United States.

Eligibility for Probation Transfer

To be eligible for a probation transfer under ICAOS, certain criteria must be met:

  1. Current Compliance: You must be in compliance with the terms of your probation. This means that you have been following all court-ordered conditions and have not committed any new offenses.
  2. Valid Reason for Relocation: You must have a valid reason for wanting to move to another state. Common valid reasons include:
    • Employment: You have a verified job offer in the other state.
    • Family: You are moving to be with immediate family members.
    • Education: You are enrolling in an educational institution in the other state.
    • Treatment Programs: You need to attend a treatment program that is available in the other state but not in New Hampshire.
  3. Residence in the Receiving State: You must have a verified place of residence in the receiving state. This could be your own home, a family member’s home, or another approved living arrangement.
  4. Minimum Time Left on Probation: Typically, you need to have at least 90 days remaining on your probation term to qualify for a transfer.

The Transfer Process

The process of transferring probation from New Hampshire to another state involves several steps and requires cooperation between the probation departments of both states. Here’s how the process generally works:

  1. Application for Transfer: You will need to formally apply for a transfer of your probation. This usually involves filling out an application and providing documentation that supports your reasons for moving. Your probation officer in New Hampshire will assist you with this process.
  2. Approval from Sending State: The probation department in New Hampshire will review your application to ensure that you meet the eligibility criteria. They will also conduct a background check and assess your compliance with your current probation terms.
  3. Submission to Receiving State: If the New Hampshire probation department approves your application, they will submit it to the probation department in the state where you wish to move. This is done through the ICAOS system, which facilitates the transfer process between states.
  4. Investigation by Receiving State: The probation department in the receiving state will conduct an investigation to verify your proposed living arrangements and ensure that they can adequately supervise you. They will also assess whether your move is in line with their policies and procedures.
  5. Approval from the Receiving State: After the investigation, the receiving state will decide whether to accept your transfer. If they approve, they will notify the New Hampshire probation department, which will then inform you of the decision.
  6. Transfer of Supervision: Once approved, your supervision will be officially transferred to the probation department in the receiving state. You will need to report to your new probation officer in the receiving state and comply with their supervision requirements.

Factors That Affect Transfer Approval

Several factors can influence whether your probation transfer is approved or denied:

  1. Compliance History: A history of compliance with probation conditions in New Hampshire increases your chances of approval. Conversely, any violations or new offenses can negatively impact your application.
  2. Reason for Transfer: The strength and validity of your reason for moving play a crucial role. A verified job offer, family reunification, or educational enrollment are strong reasons that are likely to be favorably considered.
  3. Supervision Needs: The receiving state will evaluate whether they have the resources to adequately supervise you. If your case requires intensive supervision or specialized programs that are not available in the receiving state, your application may be denied.
  4. Risk Assessment: Both states will conduct a risk assessment to determine the potential risk you pose to the community in the receiving state. Higher-risk offenders may face more stringent scrutiny and a higher likelihood of denial.

What to Do If Your Transfer Is Denied?

If your probation transfer application is denied, you have a few options:

  1. Appeal the Decision: You may have the right to appeal the decision. This process involves submitting a formal appeal to the ICAOS compact office, explaining why you believe the denial was incorrect and providing additional supporting documentation.
  2. Request a Reconsideration: In some cases, you can request that your probation officer submit a request for reconsideration to the receiving state. This might be appropriate if you can provide new information or clarify misunderstandings that led to the denial.
  3. Alternative Arrangements: If moving is essential, you might consider alternative arrangements such as modifying your living situation or employment plans to better meet the criteria for transfer approval.

What If You Violate the Terms of Probation After Being Transferred?

If a supervisee violates their probation after they have had it transferred, the probation officer in the receiving state will notify the home state. The home state may issue an arrest warrant, which can be honored by a court in the receiving state. However, it is then up to the home state to determine if a violation has occurred and, if so, what the consequences will be. This process will be according the laws and procedures of the home state. In that situation, the receiving state can revoke the transfer, but cannot directly punish the supervisee.

Transferring probation from one state to another is a complex process that requires careful planning and cooperation between multiple probation departments. By understanding the criteria and following the necessary steps, you can increase your chances of a successful transfer. It’s essential to maintain compliance with your current probation conditions, provide valid reasons for your move, and ensure that you have a verified place of residence in the receiving state.

If you need assistance with transferring your probation, our New Hampshire-based criminal law firm is here to help. We can guide you through the process, ensure that your application is complete, and advocate on your behalf to increase the likelihood of approval. Contact us today for a consultation and let us assist you in making your transition as smooth as possible.

 

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