View Full Version : transffer out of state issues
snoopyzlady 07-24-2007, 06:01 PM :angry: my husband is being consider/in proces of being trnsffered out of state to finish his sentence (7-8 mths) which makes noooo sense. is there anyone who can help me on how i can fight this or who to contact or what to do. i will reallyyyyyyy appreciate it.
dracheswife 07-24-2007, 06:04 PM Is he an INS inmate?
raynards4ever 07-24-2007, 06:04 PM Is he INS??? If not does he meet the critteria to get transferred out--Draches can you post the criteria real quick?
:angry: my husband is being consider/in proces of being trnsffered out of state to finish his sentence (7-8 mths) which makes noooo sense. is there anyone who can help me on how i can fight this or who to contact or what to do. i will reallyyyyyyy appreciate it.
dracheswife 07-24-2007, 06:06 PM Ray~ I'm actually at work and those docs are on my home computer. The info can be found through the CDCR website.
raynards4ever 07-24-2007, 06:09 PM thanks Draches--well snoops check that out (CDCR website) to see about the requirements and then you will know how to proceed
Ray~ I'm actually at work and those docs are on my home computer. The info can be found through the CDCR website.
dracheswife 07-24-2007, 06:19 PM http://www.cdcr.ca.gov/Communications/press2007_072007.html heres a link... good luck!
snoopyzlady 07-24-2007, 08:10 PM Yeah He Is. However He Justgot Like 7 Mths To Go.
snoopyzlady 07-24-2007, 08:10 PM Thnxxx!
Casper's Lady 07-24-2007, 08:12 PM Hope some miracle happens for you and they don't transfer your man. Good luck:)
Morris1 07-25-2007, 11:49 AM Some of the stuff they are doing just makes no sense at all.
"stop looking for logic where there is none"
ekate 07-26-2007, 08:50 PM They Have Several Appeals To Go To Before This Happens..
The Attorney He Has I Think Her Name Is Deedee. Not Sure Of The Last Name She Has. He Has To Get Aleast 4 Visits A Year. Family In The State Of California Who Is Supportive. Also You Can Call His Cc1 If You Get No Where Call His Cc2. Keep Calling I Did With My Hubby And It Worked But I Dont Want You To Get Your Hopes Up But Tell Him To Keep Appealing. By The Time All His Appeals Are Done He Shouldnt Have To Go Cause Of His Time Left...if You Do Visit On A Regular Basis Have Him 602 Visitng And Have His List Sent To Him. He Has To Do This. To Take To The Attorney. If You Get Family Visits Mention This To His Cc1... Please Just Keep Calling They Will Tell You That You Visitng Wont Make A Difference But It Does.
But It Has To Be 4 Times By The Time They Pulled His Name If You Need Anymore Help Pm Me And I Will Give You My Email Address To Some Addys To People Who You Can Contact To Get Ahold Of....
Love Elizabeth
ekate 07-26-2007, 08:54 PM What is the criteria for involuntary transfers?
If the inmate population is not reduced to a safe margin by voluntary transfers, the Governor’s emergency proclamation outlines criteria to be used to determine which inmates will be transferred involuntarily. In priority order, that criteria includes:
1) inmates who have been previously deported by the federal government and are criminal aliens subject to deportation or who have committed an aggravated felony as defined by federal statute and are subject to deportation;
2) inmates who are being paroled outside California;
3) inmates who have limited or no family ties, based on a
review of their visitation history;
4) inmates who have supportive family in another
state; and
5) other inmates chosen and considered appropriate by CDCR.
__________________
raynards4ever 07-26-2007, 09:00 PM This is great information-:thumbsup:-one of the girls was having the same issues and my man told me exactly what you have posted--this info was passed on to her and her husband and he was taken off the list to transfer out (for now--one never knows what surprises CDC has up their sleeve to throw a monkey wrench in our lives, and even if it isn't something that will fly the stress it causes us and our loved ones is enough to make one go crazy:eek:). Anywho she is one of the regs so no one could dispute the visiting thing--anywho thank you for posting this--I hope everyone takes into account that even though most of the focus is INS that focus can and will change and it's always a good thing to be one up on what options we have... just in case.
They Have Several Appeals To Go To Before This Happens..
The Attorney He Has I Think Her Name Is Deedee. Not Sure Of The Last Name She Has. He Has To Get Aleast 4 Visits A Year. Family In The State Of California Who Is Supportive. Also You Can Call His Cc1 If You Get No Where Call His Cc2. Keep Calling I Did With My Hubby And It Worked But I Dont Want You To Get Your Hopes Up But Tell Him To Keep Appealing. By The Time All His Appeals Are Done He Shouldnt Have To Go Cause Of His Time Left...if You Do Visit On A Regular Basis Have Him 602 Visitng And Have His List Sent To Him. He Has To Do This. To Take To The Attorney. If You Get Family Visits Mention This To His Cc1... Please Just Keep Calling They Will Tell You That You Visitng Wont Make A Difference But It Does.
But It Has To Be 4 Times By The Time They Pulled His Name If You Need Anymore Help Pm Me And I Will Give You My Email Address To Some Addys To People Who You Can Contact To Get Ahold Of....
Love Elizabeth
ekate 07-27-2007, 03:17 AM thank you ray.
please remember this could happen to anyone. another girl on a yard her hubby was closed custody with 15 yrs still left and they wanted to take him.
they will tell you this is only temporay but it is not. they are also saying they can come back after five years but only if they are under the cap. so keeping fighting.. love elizabeth
theropes06 08-07-2007, 12:50 PM Ekate, can you tell me where you found this information so that I can send it to my husband, he wants more official documentation, ie. from the CDCR website, is there a link? He has some friends that are concerned and they would like copies for thier own and to use to discuss with counselors should the need arrive.
Thanks,
What is the criteria for involuntary transfers?
If the inmate population is not reduced to a safe margin by voluntary transfers, the Governor’s emergency proclamation outlines criteria to be used to determine which inmates will be transferred involuntarily. In priority order, that criteria includes:
1) inmates who have been previously deported by the federal government and are criminal aliens subject to deportation or who have committed an aggravated felony as defined by federal statute and are subject to deportation;
2) inmates who are being paroled outside California;
3) inmates who have limited or no family ties, based on a
review of their visitation history;
4) inmates who have supportive family in another
state; and
5) other inmates chosen and considered appropriate by CDCR.
__________________
ekate 08-07-2007, 01:12 PM therop i dont remember but it was the cdcr website but i am still looking here is another link that looked good http://www.cdcr.ca.gov/Communications/docs/FAQonOutofStateTransfers.pdf
theropes06 08-07-2007, 01:45 PM Thanks EKate,
I found it
http://www.cdcr.ca.gov/Communications/docs/FAQonOutofStateTransfers.pdf
I printed it out and highlighted the criteria part...hopefully it will clear up some of the inmates concerns...I know it did mine...we try to schedule that he gets visits every weekend, and we try for both days....so between myself and his family and friends we are able to make it work...
It's good to know that they will take that into consideration......
Thanks,
ekate 08-07-2007, 03:04 PM theropes they are no longer using visitng as criteria for moving them.
I spoke to terry mcdonald and she told me they are now just using medical condtions as a reason not to move them. they wont even consider family visits any longer. is your husband being endorsed to be moved out of state...
raynards4ever 08-07-2007, 03:13 PM It appears that CDCR is now only using this criteria:
5) other inmates chosen and considered appropriate by CDCR.
ekate 08-07-2007, 03:25 PM ray you are so right they put out that this is the criteria and have yet to use it. they are just taking as they please. when they decied to do this it was suppose to be the inmates who wanted to go. with the survey they did 19,000 said they were interesed in going out of state i believe only 800 were taken. please ladies dont think they are going to stop at inmates with ins holds they are going to start with others. they say that this is tempory dont believe it they wont be brought back till they are getting ready to parole..
theropes06 08-07-2007, 11:09 PM No he is not being endorsed for transfer....but I can tell you I would raise hell if they did....
I would be storming the governor's office before they had the chance....
That sucks if they just start pulling at random.....I don't think that would go over very smoothly.....There are going to be some angry people in California if that happens.....I don't see why they wouldn't. It seems that for the most part it is always the same people in the visiting room. There seems to be enough others to pull from that don't have the support system in place.
How can they expect them to re-enter successfully if they take them away from their ties...seeing my husband regularly is the only thing that keeps me sane....
rscald 08-07-2007, 11:55 PM please help me understand, you are saying that they can sent any inmate out if they wanted. like i have my son they can sent him out if they wanted to. boy i to well be up there faces. like i said before they need to stop mess with the inmates they such hepl them not mess with them.
ekate 08-08-2007, 01:55 AM After Ins Inmates They Will Start Pulling From There List Of Inmates Who Do Not Have Family In The State And No Visits Before They Start Pulling Those That Get Atleast 4 To Five Visits A Year.
Therops I Wouldnt Worry I Think It Will Be A Long Time Before Or Even If You Had To Worry Over This. I Wasnt As Lucky My Hubby Has Not Be Deported Yet And They Tried To Take Him But I Thought Like A Demon Women. And They Were At That Time Considering Inmates Who Got Visits I Was Lucky Cause He Was One Of The First To Be Pulled Next Our Fight Will Be With Ins On His Possible Deportation.
He Doesnt Speak Good Spanish And Has Never Been Back To Mexico Since Age 2 And Has No Ties Over There His Whole Family Is Here.
The Feds Have A Team Called Ice And The First Charge They Gave Him Was Smuggling Himself Across The Border. So They Have Charged Him Formally With Human Smuggling.. Just Another Fight In The Many We Have Had But Honestly I Wouldnt Worry About It... Hugs Elizabeth
DGERE70 08-08-2007, 02:19 AM How Hard Is It To Get Paroled To Another State????
ekate 08-08-2007, 02:43 AM I FOUND THIS ON PAROLE AND PROBATION PART OF PTO I DONT KNOW MUCH ON THE COMPACT LAW BUT HERE IS A START
http://www.prisontalk.com/forums/showthread.php?t=69911&highlight=interstate+compact
INTERSTATE COMPACT FOR PAROLE/PROBATION – INFORMATION AND RESOURCES
Here you will find some information for the Interstate Compact for Adult Offender Supervision.
The revised Interstate Compact for Adult Offender Supervision became effective in January of 2000. If an adult offender wishes to serve his parole or probation in a state other than the state in which they were convicted, this would be done by the Interstate Compact.
All states with the exception of Massachusetts and Mississippi have passed legislation enabling the new compact.
ELIGIBILITY OF OFFENDERS FOR TRANSFER UNDER THE COMPACT
The following conditions must be met by all offenders to be considered for transfer under the Compact:
1. Must be in substantial compliance with the terms of supervision in the sending state; and
2. Must be a resident of the receiving state; or
3. have resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
4. Must be able to obtain employment in the receiving state, or have a visible means of support.
The following offenders are eligible for transfer under the compact:
Offenders Subject to Deferred Sentences are eligible for transfer of supervision under the same eligibility requirements, terms and conditions applicable to all other offenders under the compact.
Individuals Currently on Supervision – any offender who has three months or more, or an indefinite period of supervision remaining, shall be eligible for transfer of supervision pursuant to the same conditions as outlined above.
Individuals Currently Incarcerated – the sending state will submit a completed request for transfer to a receiving state no earlier than 120 days prior to the offender’s planned release date.
Misdemeanor offenders, who are subject to one year or more of supervision; subject to a sentence of greater than six months of incarceration upon revocation of probation or other community supervision; and have not been convicted of or placed under supervision for a minor offense. A “minor offense” does not include an offense in which a victim has incurred direct or threatened physical or psychological harm; a second or subsequent misdemeanor offense of driving while impaired by alcohol or drugs; and a sexual offense, meaning an offense which requires that a person register as a sex offender in the sending state.
The following offenders are not eligible for transfer under the compact:
A person who is released from incarceration under furlough, work-release, or other pre-parole program is not eligible for transfer under the Compact.
theropes06 08-08-2007, 10:46 AM So they are still considering all the criteria??? I got confused.....
If that is the case that is great.....All of our support is here in So Cal.....
Thanks,
It's just such a scary process....THE UNKNOWN....and knowing you really have such little control....
snoopyzlady 08-08-2007, 11:52 AM not really, just like rayray said..... they just going by
5) other inmates chosen and considered appropriate by CDCR , really.
and there is so lil we can do about it. i myself tried to fight the whole issue of my hubby being transferred w/ isp and sacramento ans stillllll fighting it, but they're gonna do what they chose to do. its just a lot of us hae to stand together snd fight it as much as we can. its unconstitutional 4 them to do this. they're inmate and just like any individual... WE all have rights!
HaPpY's GiRl 08-08-2007, 02:24 PM Snoops, did your husband get transfer already?? This whole thing really sucks.
not really, just like rayray said..... they just going by
5) other inmates chosen and considered appropriate by CDCR , really.
and there is so lil we can do about it. i myself tried to fight the whole issue of my hubby being transferred w/ isp and sacramento ans stillllll fighting it, but they're gonna do what they chose to do. its just a lot of us hae to stand together snd fight it as much as we can. its unconstitutional 4 them to do this. they're inmate and just like any individual... WE all have rights!
snoopyzlady 08-08-2007, 04:45 PM Yeah Girl, He Did Already. I Saw Him All Wk Behind Glass 4 One Hr. It'z f@#$% Up Cuz It Took Him 2 Freaking Wks (twoooooo) To Get Transferred Da Hell Out. Others Still Got Like 30= Days In There To Go Or So. He Left/ Flew Out@ 5 Monday Morning.(maybe They Atleast Gave Them First Class, Haha) He Called Me 2day Already. But Im Still Putting Up My Fight W/ Sacrament. Cuz Yuppppp, Diz Whold Sh!& Suckzzzzzzzz.
HaPpY's GiRl 08-08-2007, 05:21 PM Damn that's mest up. How is it going for him, has he told you how it is there? Well girl you keep fighting for him.
Yeah Girl, He Did Already. I Saw Him All Wk Behind Glass 4 One Hr. It'z f@#$% Up Cuz It Took Him 2 Freaking Wks (twoooooo) To Get Transferred Da Hell Out. Others Still Got Like 30= Days In There To Go Or So. He Left/ Flew Out@ 5 Monday Morning.(maybe They Atleast Gave Them First Class, Haha) He Called Me 2day Already. But Im Still Putting Up My Fight W/ Sacrament. Cuz Yuppppp, Diz Whold Sh!& Suckzzzzzzzz.
ekate 08-08-2007, 09:12 PM snoopy i am so sorry to hear that they took him you did all you can do for now but keep calling and see if any changes can be made. i think you told me he has eight months left he should be back in six months. they are suppose to bring them back 2 or 3 months before his out date but call terry back and make sure keep calling her to see if there is a way to bring him back...
raynards4ever 08-08-2007, 11:17 PM Just FYI--one of the Mississippi gals is trying to gather info for us to keep us posted on how these moves are going, etc. I guess it would be a good idea to start conversing with our out of state counterparts at least as a way to keep the information lines open on the status of our California loved ones being moved and to be informed on what to expect--To everyone this directly affects (as it affects us all in one way or another) stay up and don't give up!
snoopy i am so sorry to hear that they took him you did all you can do for now but keep calling and see if any changes can be made. i think you told me he has eight months left he should be back in six months. they are suppose to bring them back 2 or 3 months before his out date but call terry back and make sure keep calling her to see if there is a way to bring him back...
snoopyzlady 08-09-2007, 12:03 AM happy's girl-yeah he called me twice 2day, ha....... he's so bored. actully it was better cause i get to talk to him 30min vs 15, and he makes not line, ha. he say so far it seems pretty cool and talked about their "first class" (yeahhhh right) flight. i have heard its a good prison. but regardless,i/hw can careless if they put him in a castle, haha. whats the use if he'll be alone, feel me?
ekate-yeah. its sos stupidly rediculus how they doin sh!#$ up there. we believe they wanted to move him asap caus he was fighting it and they newww he had lil time and if his 602 appeal went thru, it would had changd his dates status forcing him to stay. but he has like 7 mths to go. they told him he should be back bynov/dec. makes nooooooo sense i swear and waste of money that "they" supposably dont have. (B.S.!!!)
BUT like i said, they tried to be slick and fast, well in on it already and i'll be on them as well.
rayray- thnx for doin that. yeah we shall start a convo w/ other peep's out there. if u hear anythin 4rm ur gal, let me/us know. again, THNX.
joseandmelany1 08-09-2007, 05:51 PM I was searching in the Other Prisons forum for some info on CRC, and found this thread on out of state transfers.
http://www.prisontalk.com/forums/showthread.php?t=281783
I don't know if it will be of any help, but just thought it would be interesting to check out.
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