View Full Version : 2011/12 Out of State (Interstate Compact)Transfers-Q's, Answers, & Info


Shari
02-10-2011, 02:05 PM
This thread is for all
questions, answers and info
in reference to OUT OF STATE
(INTERSTATE COMPACT) TRANSFERS.


Please post your questions here
that have to do with this topic.

anthonyswife808
02-17-2011, 10:29 PM
how long does it take for an interstate compact to be approved by the recieving state? can the recieving state refuse the transfer??? and does all restitution have to be paid before you can apply for interstate compact?

Shari
02-18-2011, 08:55 AM
I am not sure how long it can take to get it done, but yes the receiving state can refuse it, and yes all resitution has to be paid off before they will even start the paperwork.

2sleepy
02-18-2011, 10:03 PM
receiving state has 45 days to respond to the request. there are 2 kinds of transfers- one is 'mandatory' that means the offender is going to live with his/her spouse or immediate family (mom, dad, sibling). As long as the offender is in compliance with parole in the sending state, has paid restitution, and the home meets the approval of the receiving state, then they have to approve it.

The other kind of transfer is non-mandatory which means offender is going to live with girlfriend/boyfriend or establish their own household. Those can be, and in fact are usually denied.

lovingwifewaiti
02-18-2011, 10:10 PM
I am not sure how long it can take to get it done, but yes the receiving state can refuse it, and yes all resitution has to be paid off before they will even start the paperwork.

Unsure about this. We are in the middle of the paperwork being done and restitution will not be paid in full first. My husband was told what his payment will be each month, what the interest rate will be, and the total owed. And the receiving state is supposed to be finished within 45 days.

Shari
02-19-2011, 06:28 AM
Unsure about this. We are in the middle of the paperwork being done and restitution will not be paid in full first. My husband was told what his payment will be each month, what the interest rate will be, and the total owed. And the receiving state is supposed to be finished within 45 days.


CA requires that resitution be paid before they allow interstate transfers. Each state has their own rules.

Jaymama
02-19-2011, 03:41 PM
Hello
My fiance are trying for an interstate compact, he is in Texas now and I am in california. We have two small children, we have a small business referring handyman work out and he will get top pick of any jobs that roll in and we have at least several months work right now. We also have a small cottage on my parents property and I have a vehicle he can use once he renews his license. Anyone have any thoughts on if it seems likely that they will accept this discretionary transfer? His income was not very much before he left as he was building up the business a lot so I've been self supported financially along w/the help of my parents for a long time, but the business is at a point now that when he returns he will be able to support us, and we do need him and sent in some good letters from ourselves and his parents saying so. Thank you in advance.

Jaymama
02-19-2011, 03:43 PM
Also his original crime was for assault on an officer when he was 17, he is now 32 and has been law abiding apart from running from breaking probation on this original crime.
Thank you.

debs200430
02-19-2011, 08:07 PM
My husband is incarcerated at SQSP.....he will be out mid-May - I will be residing in Arizona by then - he will be paroled to his mother's home in CA - he doesn't think he can transfer his 18 months of DUI classes to another state. Does anyone know the answer to that?? It's his 2nd DUI - also, how long would it take to get the parole itself transferred??? If not transferred, will he be allowed to come and visit me in Arizona?? Thank you!!!

2sleepy
02-20-2011, 03:48 PM
My husband is incarcerated at SQSP.....he will be out mid-May - I will be residing in Arizona by then - he will be paroled to his mother's home in CA - he doesn't think he can transfer his 18 months of DUI classes to another state. Does anyone know the answer to that?? It's his 2nd DUI - also, how long would it take to get the parole itself transferred??? If not transferred, will he be allowed to come and visit me in Arizona?? Thank you!!!
why don't you call parole and ask them? They should be able to find out if there are classes in Arizona that would satisfy the requirement

vegasgirl1
02-21-2011, 12:07 AM
I live in Nevada and my husband was convicted in California. He possibly will have a hefty restitution... years to pay off. We know no one in California since he was traveling there when arrested. Where does CDC expect him to live if he can't come home? He will have a job here, our home is here, our family is here in NV. His pay can all go to restitution since my income covers all household expenses. Are there exception clauses in the transfer regulations?

Shari
02-21-2011, 02:44 PM
Truthfully and this is going to sound mean but CDC does not care if they are homeless or not. I know a few guys who had to parole homeless. What they do then is make the guy call every day and tell them where they will be sleeping that night. My guy was homeless when he was released and all they did was give him a list of homeless shelters. I have never heard of them making a exception to the resitution clause. I do not know what they do either about where he will be paroled. The rules in CA is they are paroled to the county of thier last legal residence and since your husband was not a resident of CA I do not know how they handle that. Maybe you can call his counselor and find out where they plan on paroling him to and then go from there. Sorry I could not be more help.

vegasgirl1
02-21-2011, 04:02 PM
Shari, you are more than helpful.
I will also ask his attorney for help.
Maybe we could work out some kind of deal with his restitution hearing... who knows.
I never considered myself overly logical; however, sending someone to the streets instead of to a home with a supportive family makes no sense to me. I am a professioanl and make a good living, but I can't afford two homes... not in this economy.

Shari
02-21-2011, 04:13 PM
I understand what you are saying. Until my guy found a place to stay I had to pay for a motel for him since I am in NY and he was in CA. They might tell you to check out halfway home, and another idea incase something can not be worked out is maybe he can get into a share rental. It is a lot cheaper than getting his own place. Also with a interstate transfer there will still be time that he might need to be in CA before it is approved. I am seeing it a lot that the counselors are not doing the paper work before the release they are telling the guys it has to be done after they are released by the PO.

Annabelle
02-21-2011, 09:13 PM
Also, he will be paroled to the county of his arrest.

JustUs12
02-22-2011, 12:27 PM
My fiance resided in Virginia but was on vacation in California when he caught his case...will he paroled to VA or CA? I'm a little confused, sorry.

Annabelle
02-24-2011, 12:19 PM
My fiance resided in Virginia but was on vacation in California when he caught his case...will he paroled to VA or CA? I'm a little confused, sorry.

He will be paroled to California to the county where his crime was committed. He can start the paperwork for the interstate compact transfer while inside, tell him to bug the heck out of the counselor until they give him the paperwork because they weren't very accomodating to my son and now my son will have to stay in California until his parole agent submits the paperwork and it is accepted by our state (Colorado).

JustUs12
02-24-2011, 04:37 PM
I'm sorry to hear that, from what I hear though, they can't even start the paperwork until their 6 months from being released...is that true?

betsyblue
02-24-2011, 09:23 PM
my man is being paroled in cali too and is whole family and i live in oregon im paying whats left of restitution. my question is that he has to parole to his moms across the state from me so if we get married can he then move to another county?

Annabelle
02-26-2011, 06:41 PM
I'm sorry to hear that, from what I hear though, they can't even start the paperwork until their 6 months from being released...is that true?


120 days prior to release.

2sleepy
02-28-2011, 12:14 AM
The good news is that when an inmate lived in another state when they got arrested, they can request a travel permit to the state they were living in and stay there until the transfer is finalized.

Annabelle
02-28-2011, 11:26 AM
The good news is that when an inmate lived in another state when they got arrested, they can request a travel permit to the state they were living in and stay there until the transfer is finalized.


The granting of that request is up to the parole agent, my son's parole agent is saying NO F'ING WAY.

2sleepy
03-02-2011, 10:56 AM
The granting of that request is up to the parole agent, my son's parole agent is saying NO F'ING WAY.
unfortunately the entire interstate transfer process is up to the sending state..it's mandatory for the receiving state to accept an offender who meets the qualifications, but the sending state (California) can just refuse to process the application or deny it.

Annabelle
03-02-2011, 11:40 AM
She said she will put in for the transfer, that's not a problem. The problem is she won't grant him a pass to come home while the transfer is being processed.

betsyblue
03-30-2011, 02:05 PM
Hey ladies my mans po rtold me that since his life is in danger in the county he's to parole in (he has stab wounds to prove it) he's working on a compact transfer while he's in. As long as his restitution is at a 0 balance he will start the papperwork for the transfer. Today I talked to him and he hadn't gotten a reciept yet and I told him I did pay it. So he looked it up while on the phone with me and indeed was 0000 balance. So now he's requesting a reciept and starting the papperwork!!!! Yay but my question is how long does it take is it 45 days?for sure? And after a few months of good parole can he transfer to a differnt county?

Shari
03-30-2011, 08:51 PM
I think once he is paroled to another state the transfer between counties would have to be according to the rules of that state. I am not 100% sure of that but that is what I think. You might want to post that question in the parole thread in the OR forum.

2sleepy
03-30-2011, 09:19 PM
She said she will put in for the transfer, that's not a problem. The problem is she won't grant him a pass to come home while the transfer is being processed.
She can't give him a pass, the only way they are allowed to do that is if he was a resident of your state when he got arrested

Annabelle
04-03-2011, 08:57 AM
She can't give him a pass, the only way they are allowed to do that is if he was a resident of your state when he got arrested

He was a resident of Colorado when he was arrested.

Now, I'm dealing with the fact that Colarado still hasn't received the ICT papers and Sacramento won't tell me anything and his P.O. told him I am not to contact her no matter what.

I really hope California doesn't take months to submit the paperwork. It's costing me waaaaaaaaaaaay too much money to house him in California.

linda d
04-03-2011, 04:22 PM
How long has it been since the paperwork went in? I have heard it takes records at the prison a month or so to get it to Sacramento.

Enchanted Wolf
04-03-2011, 10:14 PM
He was a resident of Colorado when he was arrested.

Now, I'm dealing with the fact that Colarado still hasn't received the ICT papers and Sacramento won't tell me anything and his P.O. told him I am not to contact her no matter what.

I really hope California doesn't take months to submit the paperwork. It's costing me waaaaaaaaaaaay too much money to house him in California.
Yep! When my husband's PO filled out paperwork and send it off to Sacramento, he washed his hands of us...he didn't want us calling him either...They expect you just to live in LIMBO for how ever long it takes for Sacramento to finish their end of the deal and send it to the receiving State...My husband paroled in February and he FINALLY was eligible to transfer to my state 5 months later.....I wish you the best!

Annabelle
04-04-2011, 05:48 PM
5 months, I can't wait that long, I'll go bankrupt!!!!

Shari
04-04-2011, 06:39 PM
Have you tried calling the interstate compact office in Sac. Sorry I do not know the number but I am sure it is around somewhere.

Enchanted Wolf
04-04-2011, 07:39 PM
Have you tried calling the interstate compact office in Sac. Sorry I do not know the number but I am sure it is around somewhere.

I did email the Cali office of Interstate Transfer once and they sent my email to a "Lynn" and she just emailed me back to say yes, Sac had received the packet and had sent it to my State..... the email for the general office was:
InterstateParole@cdcr.ca.gov
and Lynn's email was:
Lynn.Blanton@cdcr.ca.gov

after I received her email, I tried a few days later to get more info from her, and the next thing I knew a PO from my state was at the door, verifying where his residence would be. Lynn never emailed me back.

2sleepy
04-04-2011, 07:54 PM
One thing to look into while someone is stuck in California pending an out of state transfer is SASCA funding for sober living. This would probably only apply to people who participated in some kind of in prison drug treatment program & I'm not sure they even have SASCA money but about a year ago it was available & would cover 6 months of sober living. If that's not a possibility, go to Craigslist.org and search for 'sober living' in the area that the parolee is in, they are a whole lot cheaper than a motel, sometimes as little as $400 a month, and always have him/her apply for general assistance & food stamps. My son had a drug conviction but got food stamps because he had proof that he had completed drug counseling

Enchanted Wolf
04-04-2011, 09:06 PM
One thing to look into while someone is stuck in California pending an out of state transfer is SASCA funding for sober living. This would probably only apply to people who participated in some kind of in prison drug treatment program & I'm not sure they even have SASCA money but about a year ago it was available & would cover 6 months of sober living. If that's not a possibility, go to Craigslist.org and search for 'sober living' in the area that the parolee is in, they are a whole lot cheaper than a motel, sometimes as little as $400 a month, and always have him/her apply for general assistance & food stamps. My son had a drug conviction but got food stamps because he had proof that he had completed drug counseling

I agree! My husband asked his PO in Cali for halfway house and his PO was able to get him into Hollywood House on Vine Street...my husband paid nothing for staying there...just lots of rules, no drink, need ok to leave house, etc. But my husband said if he needs help, he would go back there.....he also mentioned a place called Orion House....have him check with his Parole Officer....oh, and by the way, my husband did NOT participate in any type of program for alcohol or drug...his crime had nothing to do with this...

Oh, and also, when he first got out, he applied for housing assistance and food stamps and was given limited amounts...but it was something, he tried to live in cheap motel in Huntington Park...but he didn't get job until he was in Halfway House. If he can handle physical labor, have him go to Labor Ready....my husband was able to get work thru them...kind of like day laborers...you show up...they hand out jobs....build a GOOD reputation...and jobs are given to you first....tell him to NOT STOP TRYING....FIGHT THE GOOD FIGHT!!!!

2sleepy
04-04-2011, 11:50 PM
I agree! My husband asked his PO in Cali for halfway house and his PO was able to get him into Hollywood House on Vine Street...my husband paid nothing for staying there...just lots of rules, no drink, need ok to leave house, etc. But my husband said if he needs help, he would go back there.....he also mentioned a place called Orion House....have him check with his Parole Officer....oh, and by the way, my husband did NOT participate in any type of program for alcohol or drug...his crime had nothing to do with this...

Oh, and also, when he first got out, he applied for housing assistance and food stamps and was given limited amounts...but it was something, he tried to live in cheap motel in Huntington Park...but he didn't get job until he was in Halfway House. If he can handle physical labor, have him go to Labor Ready....my husband was able to get work thru them...kind of like day laborers...you show up...they hand out jobs....build a GOOD reputation...and jobs are given to you first....tell him to NOT STOP TRYING....FIGHT THE GOOD FIGHT!!!!


I don't want to get too off topic here, but my son rented an apt. with another parolee who couldn't find a job, he applied for hundreds of them and didn't even get an interview. He finally posted an ad in Craigslist that he was looking for any honest work, stated in the ad that he had a prior felony conviction (non-violent) and got all kinds of work, helping people move, doing yard work, etc. It finally led to a really good full time job in an upholstery shop!

Shari
04-05-2011, 07:15 AM
Just to put this out there in response to Labor Ready it use to be they did not care of your background but I found out recently by talking to some of the Labor Ready offices we work with a new rule just rolling out is they now do background checks it stinks but the customers asked for it according to what I was told

Annabelle
04-05-2011, 08:39 AM
Have you tried calling the interstate compact office in Sac. Sorry I do not know the number but I am sure it is around somewhere.

Yep, and they won't tell me anything. I think they have new people there who need some customer service training because it's not the same people I spoke to before he was released.

Shari
04-05-2011, 08:55 AM
OK road trip time to go to the office and demand answers I will meet you at the Denver airport and we will get this taken care of. LOL

j

Annabelle
04-05-2011, 10:44 AM
OK road trip time to go to the office and demand answers I will meet you at the Denver airport and we will get this taken care of. LOL

j

No kidding!!! I'm so frustrated right now.

betsyblue
04-05-2011, 05:04 PM
Ok ladies please help.....the po as far as I know has submitted the paperwork. Now what happens? Will my man have to sign papers while in prison? How can I track the transfer status? I emailed the above address and the told me they can't give me any info......just a little confused on what to do next and I don't want bother his po

betsyblue
04-05-2011, 05:28 PM
Also how would I get a hold of his counsler? At tracy reception?

betsyblue
04-05-2011, 06:18 PM
Alright I feel like I'm talking to myself lol but I thought I would share this info; almost right after I posted my last question his po called me! He has to fax the paperwork to dvi and his counsleor. He said at this point its up to the counsleor to start the transfer process from his letters its sounds like his counsleor was nice. So now I'm wondering what are the chances of his counsleor doing that while he's still in? Other wise we will have to wait until he gets out to start over fyi he only has a little over 2 months left.......if anyone knows anything about transfering while still inside much appreciated!

Bri'sBeauty
04-05-2011, 06:54 PM
My man was going today to talk to his counselor about the transfer. I am trying to help but I don't know anything about all of this. I am in Tennessee and he is in Ohio. He was a resident here with me, went back to visit and caught a case. We aren't married but have been together for almost 8 years. Everything that I have read doesn't sound encouraging for us.

betsyblue
04-05-2011, 07:18 PM
yeah its a really hard process..... i just found out that his po tried doing this one other time for someone else and it didnt work! we are not married either and hes paroleing to his mothers 5 hours away, worse case senioro he will be put in a shelter in cali for 45 days until the tranfer goes through. he will not be able to move in with me until we get married. i have no problem getting married to him but hes still marreid to his ex. STUPID!!! by the time the divorce goes through he will be off parole so IDK what we are going to do im really nervous too. i have been dating him a year now and not giving up I love him sooooo much its just hard! good luck to you i wish you the best

Bri'sBeauty
04-05-2011, 07:41 PM
yeah its a really hard process..... i just found out that his po tried doing this one other time for someone else and it didnt work! we are not married either and hes paroleing to his mothers 5 hours away, worse case senioro he will be put in a shelter in cali for 45 days until the tranfer goes through. he will not be able to move in with me until we get married. i have no problem getting married to him but hes still marreid to his ex. STUPID!!! by the time the divorce goes through he will be off parole so IDK what we are going to do im really nervous too. i have been dating him a year now and not giving up I love him sooooo much its just hard! good luck to you i wish you the best

Thanks, I wish you the best as well. If getting married was the only thing that blocked him from coming home to me I would do it in a heartbeat. He said that he wants to marry me "Someday" but he doesn't want to marry me to make things easier on him. I don't know if that is a cop out or what but it isn't like I can make him. LOL. He is looking into halfway houses around cinncinnati. He will still be 4 1/2 hours away but a little closer to home. :)

Annabelle
04-06-2011, 11:11 AM
I did email the Cali office of Interstate Transfer once and they sent my email to a "Lynn" and she just emailed me back to say yes, Sac had received the packet and had sent it to my State..... the email for the general office was:
InterstateParole@cdcr.ca.gov
and Lynn's email was:
Lynn.Blanton@cdcr.ca.gov

after I received her email, I tried a few days later to get more info from her, and the next thing I knew a PO from my state was at the door, verifying where his residence would be. Lynn never emailed me back.

Thanks for this info, I sent an email to both addresses yesterday. Not holding my breath! haha

Annabelle
04-09-2011, 11:02 AM
oh well, the email response was to be expected, "this office cannot give out this information, the parole agent may contact us for an update."

Since when is the status of interstate compact transfer top secret?

Taywifey
04-11-2011, 05:18 PM
I'm in cali and my fiance in MS and were going through the process of the interstate pact and I'm trying to understand it. Were trying to get him transfer to cali to be near me, and I have read some of the rules and it seem to me you have to be married and have a home, so when my fiance is paroled he will live with me. Please let me know if I'm correct about that and any other information about the interstate pact is very much appreciated. Thank You

Taywifey
04-11-2011, 05:36 PM
One more thing I live with relatives and my fiance will have to live someone where else until we get a place together. What happens when this is the situation?

Enchanted Wolf
04-11-2011, 09:22 PM
One more thing I live with relatives and my fiance will have to live someone where else until we get a place together. What happens when this is the situation?

There is a MANDATORY transfer (when you have a wife/husband or immediate family who can sponsor/support you and then there is DISCRETIONARY transfers.

From the ICAOS website: Discretionary transfers have the best chance for approval when it is clearly demonstrated that your chances of success are higher in the receiving state. Generally, it helps to have a solid job offer, suitable residence, completed treatment, all fines, court cost and restitution are paid and a favorable history of supervision. Even if all of the previously mentioned steps have been taken there are no guarantees that a discretionary transfer will be approved.

2sleepy
04-12-2011, 12:42 AM
One more thing I live with relatives and my fiance will have to live someone where else until we get a place together. What happens when this is the situation?

mandatory transfers are only mandatory on the receiving state, the sending state isn't compelled to even submit the paperwork. Non-mandatory transfers are completely up to the sending and the receiving state and are almost never approved. I know that's not what people want to hear, but it's the truth.. They formed ICAOS to ensure that states couldn't just turn down transfers for parolees to be with their family because many states were denying all transfers. There are few if any states that will approve a transfer that is not mandatory. Think of the 'political implications' if a state approves a non-mandatory transfer and the parolee commits some horrible crime there will be a lot of fallout because of it. If it's a mandatory transfer, the receiving state is able to say "we had no choice except to approve it".

The only hope that I see for a transfer to be approved in your situation is if you have lived in the state he wants to transfer to for 6 months, you have a home and a job AND you marry him before he puts in the paperwork.

Taywifey
04-13-2011, 04:41 AM
Enchanted wolf and 2sleepy thanks for the advice. My fiance is not going to be able to live with me because my living situation is too unstable.

Annabelle
04-21-2011, 10:16 PM
Our saga continues, the p.o. lost the interstate compact papers, never sent them in. I swear the nightmare NEVER ends.

Shari
04-22-2011, 05:29 AM
Wow unbelieveable. I hope the new set gets done quickly

2sleepy
04-22-2011, 09:45 AM
Our saga continues, the p.o. lost the interstate compact papers, never sent them in. I swear the nightmare NEVER ends.
So sorry you are going through this, but somehow it doesn't surprise me..my son's agent 'lost' his annual review paperwork so it never got sent to the board of prison hearings. My son filed a writ to get off parole because if no annual review is conducted you are supposed to discharge parole automatically

linda d
04-25-2011, 10:23 PM
I have no experience with the procedures that Ohio follows, you might want to check one of the Ohio forums and see if anyone can help you. This forum is about out of state transfers, but specifically it is about parolees trying to transfer their parole out of California

There are 2 types of transfers, "mandatory" (you're married) and "discretionary" (you're not). Being married definitely improves your chances! The process is the same regardless of the state. Go to www.interstatecompact.org (http://www.interstatecompact.org) for a complete rundown of the process. My husband's parole agent told us we'd have to be married--not technically true, but it is MUCH easier if you are. Most mandatory transfers are approved; most discretionaries are not, unless he already has a job there, etc. Good luck!

linda d
04-25-2011, 10:26 PM
I have no experience with the procedures that Ohio follows, you might want to check one of the Ohio forums and see if anyone can help you. This forum is about out of state transfers, but specifically it is about parolees trying to transfer their parole out of California

One other thing: according to my interstate compact administrator here, rules are different for federal vs state. Contact your local ICC compact administrator for details (look under "directory" on the website).

linda d
04-25-2011, 10:28 PM
Our saga continues, the p.o. lost the interstate compact papers, never sent them in. I swear the nightmare NEVER ends.


It's all electronic--no "papers" to lose except the original signed request from the inmate. Sounds as if they are lying to you (why are we not surprised?)

Annabelle
04-26-2011, 08:11 AM
It's all electronic--no "papers" to lose except the original signed request from the inmate. Sounds as if they are lying to you (why are we not surprised?)


That's what I understood as well. The only thing the guidelines indicate is that the agent needs to keep the original signed papers but for some reason he had to go sign them again.

Do you know how long it takes once they are submitted to Sac to get to the receiving state? The interstate compact office in Colorado is extremely helpful but California is quite the opposite.

The thing that gets me is 30 days went by, CO still didn't have anything in their system, I emailed the parole supervisor and next thing I know, he's being called in to resign the papers. It was like they didn't even realize nothing had been submitted until I contacted them.

At this point in time, I'll be happy if he's home before his 21st birthday. That gives them almost a year to get their sh$t together.

linda d
04-26-2011, 08:32 AM
That's what I understood as well. The only thing the guidelines indicate is that the agent needs to keep the original signed papers but for some reason he had to go sign them again.

Do you know how long it takes once they are submitted to Sac to get to the receiving state? The interstate compact office in Colorado is extremely helpful but California is quite the opposite.

The thing that gets me is 30 days went by, CO still didn't have anything in their system, I emailed the parole supervisor and next thing I know, he's being called in to resign the papers. It was like they didn't even realize nothing had been submitted until I contacted them.

At this point in time, I'll be happy if he's home before his 21st birthday. That gives them almost a year to get their sh$t together.

California is notorious in being slow/uncooperative with an ICC transfer. My state warned me about this. Once the receiving state gets it, it's a max of 45 days. It's getting it out of records to Sac, and from Sac to your state, that are the bottlenecks. I called and asked Sac and they couldn't give me any answers, not even of a general sort. Not surprising--it is part of CDCR, an organization that makes its money off human misery (and actively works to promote the latter).

Waiting_on_2017
05-03-2011, 09:32 PM
My fiance is currently in Corcoran State Prison in California, I live in Cincinnati. We are hoping to get married in October of 2012 and his release date isn't until 2017.

Can he get transferred to Ohio? I don't see anywhere where it states that only certain states participate in the Interstate Compact, but I thought that only a few states took out of state prisoners.

Also, can he parole to OH if he gets denied a transfer while in prison?

I'm still new to all of this and really don't know what I'm doing... I appreciate any help or experience or advice...

Thanks. :)
~Megan

Annabelle
05-05-2011, 08:38 AM
Hi Megan, Interstate Transfer isn't for transfering currently incarcerated inmates. It is for parole transfer after release.

sunangel111
05-05-2011, 04:30 PM
In this particular thread the Insterstate Compact is referring to parole transfers, but the CDCR also has Interstate Compact for prisoner transfers via prisoner "exchange." The following is from the DOM:

ARTICLE 8 — INTERSTATE, FEDERAL, AND INTERNATIONAL PLACEMENTS*
Effective October 25, 1989
Not Cleared For Statewide Use
62040.1 Policy
The Western Interstate Corrections Compact (WICC), PC 11190, and the Interstate Corrections Compact PC 11189, enable states to establish mutual contracts for the exchange of prisoners.
California has current contracts with Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and the Federal Bureau of Prisons.
62040.2 Purpose
The WICC and Interstate Corrections Compact expand the inmate placement resources of participating states to more appropriately meet the special or unusual needs of individual inmates than could be met within a state's own system.
The sending state shall retain legal jurisdiction of the inmate and may at any time require the return of the inmate to its custody.
The receiving state shall provide for the custody, care and treatment of the inmate in the same manner as for its own inmates.
No special privileges, restrictions, legal exceptions or immunities are authorized.
The compacts deal with a number of these and other jurisdictional matters in more detail.
The Interstate Compact Unit, P&CSD, administers and implements prisoner exchanges with other states and the Federal Bureau of Prisons.
62040.3 Criteria
Compact resources shall not be used when the inmate's needs can be met within departmental facilities just as well as in out-of-state facilities.
Inmates whose special or unusual needs can be better met in the facilities of another state may include, but are not limited to, the following:
• Protective custody. When an out-of-state placement will resolve the specific cause or reason for the inmate's protective custody within the Department; i.e., protection of an inmate witness or informant.
• When an inmate's permanent residence, resources and plan for release are outside California, placement in another state may be considered.
• Departmental policy precludes out-of-state placement criteria for inmates who are likely to present management problems. Examples of such cases may include homosexual behavior, chronic gambling, exploitation of other inmates and gang involvement.
62040.4 Written Consent
No California inmate shall be transferred to an out-of-state institution unless they have executed, in the presence of the Warden or designee, written consent to the transfer.
The transporting officer shall verify that the written consent form is properly documented prior to taking custody of the inmate.
62040.5 Referrals
The referral for out-of-state placement shall be prepared by institution staff per Departmental Review Board (DRB) format and submitted to the DRB.
Upon DRB approval, the institution shall submit the following items to the Interstate Compact Unit:
• Abstract of Judgment.
• Two current ID photographs.
• Case summary.
• Copy of DRB action [CDC Form128-G].
• Written consent form signed by inmate.
Upon receipt of a special circumstance referral by a court, DA or law enforcement agency, the Chief, Classification Services, or the Interstate Unit,
with consent of the institution involved, shall prepare and submit an out-of-state transfer recommendation to the DRB.
The DRB's action shall constitute the authority for the Interstate Unit to negotiate with out-of-state officials for the inmate's placement and, if accepted, shall arrange for transfer of the inmate.

You can find further details and info here (http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/Ch%206-Printed%20Final%20DOM%202011.pdf).


Hi Megan, Interstate Transfer isn't for transfering currently incarcerated inmates. It is for parole transfer after release.

kaos44
05-12-2011, 05:39 PM
Ny brother is getting out of prison in nov. 2011 he will be high risk/high control. he have no family in ca where he can stay all his family is in texas can he put in for the interstate compact so he can transferr?

Enchanted Wolf
05-15-2011, 02:58 PM
Ny brother is getting out of prison in nov. 2011 he will be high risk/high control. he have no family in ca where he can stay all his family is in texas can he put in for the interstate compact so he can transferr?

He needs to start the conversation NOW with his counselor, so possibly he could transfer immediately on release. But I have heard and read counselors no longer do this, that it is left up to the person's parole officer upon release. The parole officer gets to determine if they think the inmate will benefit from a transfer to another state and then they will begin the process. This all takes time and your brother may have to ask his PO to place him in a state funded halfway house for a few months.

Imani
05-15-2011, 03:59 PM
The best time to put in for an for the interstate compact is right now. The sooner the better. To qualify he can not owe any restitution once he gets out. My friend got his transfered to NV however he did have a job waiting there for him once he got out and his family ties were there which helped.

Annabelle
06-12-2011, 09:19 AM
Ladies, be careful what you wish for, the receiving State can impose whatever parole conditions they deem appropriate, which can ultimately make their parole more difficult and in some cases set them up to fail, so they can send them back to California.

This is what happened in our situation, my son is going to stay in California.

Rule 4.101 - Manner and degree of supervision in receiving
state A receiving state shall supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

References:
ICAOS Advisory Opinions
2-2005 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2005AdvisoryOpinions.aspx#AO22005) [Out of state offenders can be arrested and detained for failure to comply with conditions of probation if such a failure would have resulted in an arrest of a similar situated in-state offender]
5-2006 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2006AdvisoryOpinions.aspx#AO52006) [This rule does not permit a state to impose the establishment of sex offender risk level or community notification on offenders transferred under the Compact if the receiving state does not impose these same requirements on its own offenders]
1-2007 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2007AdvisoryOpinions.aspx#AO12007) [This rule does not permit the receiving state to provide no supervision and at a minimum the rules of the Compact contemplate that such an offender will be under some supervision for the duration of the conditions placed upon the offender by the sending state under Rule 4.102 (http://www.prisontalk.com/Legal/StepbyStepRules/Chapter4/Rule4102.aspx)]
3-2008 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2008AdvisoryOpinions.aspx#AO32008) [Compact offenders should be subject to the same exceptions as offenders sentenced in the receiving state.]

linda d
06-12-2011, 01:45 PM
We are going through an Interstate Compact transfer right now My husband tried numerous times to get his counselor to do it while he was in prison, and she kept telling him "come back next week", and then "it's too late now!" Mercifully, they changed counselors 6 weeks before his release, and the new counselor did what was needed. Because it was put in so late, we are still waiting (he's been out almost 5 weeks), and my state did not receive it from CA till 4 weeks ago. They are working on it, but they want some info on a case he had over 20 years ago. CDCR would take forever to get this, so his parole officer told my husband how to search for the document, and he is trying to get it. The PO told us that in his experience, things seldom get done correctly or followed up on within the prison, and he usually has to do most of it when the person gets out. We were fortunate to have a good counselor (AFTER the change), so we have the CA part of it behind us. It does take time, but it can (and will) happen. Don't give up, and don't be shocked if you get harrassed by both states. Just put one foot in front of the other. And read the ICAOS rules on their website (www.interstatecompact.org (http://www.interstatecompact.org)) so you know what to expect. Best of luck (to all of us!).

socal729
06-19-2011, 07:15 PM
Just at the beginning stages of our inter-state transfer journey and I have to say my son's PO is very helpful and wants to see his transfer happen in a timely manner. I spoke to her about the particulars and she was more than helpful to steer me in the right directions. Tomorrow the restitution gets paid off and then we are moving full steam ahead.
Hopefully in a few months (at the most) my son will be back on the east coast with family and out if California.
Any tips from people who have gone through the process are welcomed :thumbsup:

2sleepy
06-20-2011, 10:02 AM
Ladies, be careful what you wish for, the receiving State can impose whatever parole conditions they deem appropriate, which can ultimately make their parole more difficult and in some cases set them up to fail, so they can send them back to California.

This is what happened in our situation, my son is going to stay in California.

Rule 4.101 - Manner and degree of supervision in receiving
state A receiving state shall supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

References:
ICAOS Advisory Opinions
2-2005 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2005AdvisoryOpinions.aspx#AO22005) [Out of state offenders can be arrested and detained for failure to comply with conditions of probation if such a failure would have resulted in an arrest of a similar situated in-state offender]
5-2006 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2006AdvisoryOpinions.aspx#AO52006) [This rule does not permit a state to impose the establishment of sex offender risk level or community notification on offenders transferred under the Compact if the receiving state does not impose these same requirements on its own offenders]
1-2007 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2007AdvisoryOpinions.aspx#AO12007) [This rule does not permit the receiving state to provide no supervision and at a minimum the rules of the Compact contemplate that such an offender will be under some supervision for the duration of the conditions placed upon the offender by the sending state under Rule 4.102 (http://www.prisontalk.com/Legal/StepbyStepRules/Chapter4/Rule4102.aspx)]
3-2008 (http://www.prisontalk.com/Legal/AdvisoryOpinions/2008AdvisoryOpinions.aspx#AO32008) [Compact offenders should be subject to the same exceptions as offenders sentenced in the receiving state.]
You are correct and that's a good point. My son applied for and was granted an out of state transfer, only to be told before signing the papers that for at least 1 year, the receiving state would NOT grant him a travel pass to California to visit his children. Another condition was that he accept ANY job parole found for him, including a fast food job. He is disabled, on SSDI and can't stand up for more than 30 minutes or so, or walk very far. The parole agent in the receiving state said that was not their problem that he WOULD accept any job they found for him or would have his parole violated. He declined the transfer and stayed in California.

ae27jr8
06-24-2011, 05:05 PM
My husband's controlling case is domestic violence here in santa clara county. So, off top, one of the conditions of his parole is that he may have no contact with me until he completes his 52 week blah blah blah. We have both forgiven each other and "try" to be together as best we can. Basically, he lives with me but uses another address. The only REAL problem is, he is addicted to meth and shoplifting and keeps getting paroled then violated. This is is third petty theft with 3 priors. They are giving him 16 months with half. Is there ever going to be any way that he his parole officer will see that he will never be able to change until he is allowed to reside in illinois with his mother??? She has recently relocated with our 3 children, whom she adopted, and has been trying to get us out there so that we can start a new life. Somewhere where we don't know anyone and can begin to pick up the pieces of our family. I have been off of parole and probation for 3 years now and can't wait to move to illinois! My only problem is that I do not want to leave my husband. Sadly, i know that if he paroles to this county again and has no family, nowhere to live, he will never get the help he needs. Any advice, suggestions, questions or comments are needed badly! I am not new to the system as a criminal. But I am new at being an ex con who just wants to be an adult! Please help! Thanks.

2sleepy
06-24-2011, 06:35 PM
My husband's controlling case is domestic violence here in santa clara county. So, off top, one of the conditions of his parole is that he may have no contact with me until he completes his 52 week blah blah blah. We have both forgiven each other and "try" to be together as best we can. Basically, he lives with me but uses another address. The only REAL problem is, he is addicted to meth and shoplifting and keeps getting paroled then violated. This is is third petty theft with 3 priors. They are giving him 16 months with half. Is there ever going to be any way that he his parole officer will see that he will never be able to change until he is allowed to reside in illinois with his mother??? She has recently relocated with our 3 children, whom she adopted, and has been trying to get us out there so that we can start a new life. Somewhere where we don't know anyone and can begin to pick up the pieces of our family. I have been off of parole and probation for 3 years now and can't wait to move to illinois! My only problem is that I do not want to leave my husband. Sadly, i know that if he paroles to this county again and has no family, nowhere to live, he will never get the help he needs. Any advice, suggestions, questions or comments are needed badly! I am not new to the system as a criminal. But I am new at being an ex con who just wants to be an adult! Please help! Thanks.
If his mom wants him to stay with her, and if she can support him, they shouldn't deny him the transfer. The biggest problem is that from what I hear the prison counselors don't want to process the transfer requests anymore (can anyone confirm that?) so he may have to parole to the county he lived in when arrested and apply for a transfer with his parole agent. If that's the case, then maybe you can talk to parole before his release about getting him a bed in a halfway house for the 2 months it takes to get the transfer.

ae27jr8
06-24-2011, 08:03 PM
If his mom wants him to stay with her, and if she can support him, they shouldn't deny him the transfer. The biggest problem is that from what I hear the prison counselors don't want to process the transfer requests anymore (can anyone confirm that?) so he may have to parole to the county he lived in when arrested and apply for a transfer with his parole agent. If that's the case, then maybe you can talk to parole before his release about getting him a bed in a halfway house for the 2 months it takes to get the transfer.I am thinking thtas what I might have to end up doing. His mom has pleaded with his agent time and time again. They are hatin on the transfers! I guess they must want all the tax dollars they can get from our inmates right??? So I am willing to contact the po but, we still have the no contact order. It should not matter though if I am just contacting the po and not my husband right? Why won't they just work with what they know will actually help to rehabilitate???

2sleepy
06-24-2011, 09:26 PM
I am thinking thtas what I might have to end up doing. His mom has pleaded with his agent time and time again. They are hatin on the transfers! I guess they must want all the tax dollars they can get from our inmates right??? So I am willing to contact the po but, we still have the no contact order. It should not matter though if I am just contacting the po and not my husband right? Why won't they just work with what they know will actually help to rehabilitate???
Ok, here's an idea. I'm not sure if he's in prison yet or what..but when he mainlines have mom call his counselor and ask the counselor if they will put in the paperwork for a transfer. They won't start until he's 120 days to the house, and like I said earlier they might just refuse to do it and tell her that parole has to do it-but I would have her plead her case for how things can be different for him if he can live with her. Maybe he will have a nice counselor who will put in the paperwork and that way parole won't have a thing to say about it. If that doesn't work, then I would have her start calling parole soon, and start pushing them to put in the paperwork before he paroles and tell her not to take NO for an answer, if they won't help she needs to talk to the supervisor, and if they don't help she needs to start calling Sacramento.

Annabelle
06-27-2011, 03:40 PM
His parole agent will not start the transfer while he is incarcerated, only his counselor can do that and if you find one that will, then you should play the lottery. It will take about 4 to 5 months after he is released for the transfer to go through, it takes FOR.EV.ER.

nevada girl
07-06-2011, 05:54 PM
That's what I understood as well. The only thing the guidelines indicate is that the agent needs to keep the original signed papers but for some reason he had to go sign them again.

Do you know how long it takes once they are submitted to Sac to get to the receiving state? The interstate compact office in Colorado is extremely helpful but California is quite the opposite.

The thing that gets me is 30 days went by, CO still didn't have anything in their system, I emailed the parole supervisor and next thing I know, he's being called in to resign the papers. It was like they didn't even realize nothing had been submitted until I contacted them.

At this point in time, I'll be happy if he's home before his 21st birthday. That gives them almost a year to get their sh$t together.


i have been trying to get in touch with someone regarding my husband's interstate transer request. if you don't mind, who is the parole supervisor that you contacted. any help is appreciated! thanks a bunch!

lovingwifewaiti
07-06-2011, 06:00 PM
I am not sure how long it can take to get it done, but yes the receiving state can refuse it, and yes all resitution has to be paid off before they will even start the paperwork.
This is incorrect. My husband was interstate transfer with restitution. It depends on the state. We have a payment plan for the rest of our lives! Each state is different.

sunangel111
07-06-2011, 08:32 PM
Did he parole from California and was the restitution in connection with a California conviction? I noticed you are from Maine and your profile indicates his time was served in Merrimack County in New Hampshire. State laws vary on this issue.

Per CA PC 11177.2. (a) No parolee or inmate may be released on parole to
reside in any other receiving state if the parolee or inmate is
subject to an unsatisfied order of restitution to a victim or a
restitution fine within the sending state.

Also on the CDCR website:

Collections from parolees (http://www.cdcr.ca.gov/Victim_Services/restitution_collections.html)

- Often victims are told to wait until the inmate is on parole. This is not advisable. By law, the CDCR has the authority to take money from an inmate's trust deposits and wages.

- For those inmates wishing to transfer their parole out of state, payment of all restitution must be made in full before their transfer request may be granted.

Like you said, it depends on the state and since this a California specific forum, I wanted to clear up any confusion in your statement that it is not correct that restitution must be paid before a CA parolee can transfer out of state.
This is incorrect. My husband was interstate transfer with restitution. It depends on the state. We have a payment plan for the rest of our lives! Each state is different.

socal729
07-16-2011, 10:14 PM
Has anyone had any interaction with ICAOS (Interstate Transfer) and if so who was the most helpful person? What kind of information regarding the transfer process can you get? I spoke to a guy in the ICAOS office from CA who was very helpful as to what the entire process will be - which I pretty much knew but I am looking for connections to speak to so I can find out what step in the process the transfer is at. Once the docs are submitted to Sacramento you are pretty much in the dark as to what is happening. I would like to know how close to being back in the home state my son is. I know my son can ask his PO to supply some answers but what if she/he lags or is less than cooperative? Thanks

Annabelle
07-16-2011, 11:12 PM
My experience has been that Sac won't tell you anything, you're better off connecting with the person in your home state, call every 10 days or so, and they will tell you whether or not they've received the papers. Once they receive the papers they are usually in contact quickly, within a week or two. The good thing is once they have the papers, they have 45 days to approve and then he'll be home.

lovingwifewaiti
07-23-2011, 09:18 AM
My experience has been that Sac won't tell you anything, you're better off connecting with the person in your home state, call every 10 days or so, and they will tell you whether or not they've received the papers. Once they receive the papers they are usually in contact quickly, within a week or two. The good thing is once they have the papers, they have 45 days to approve and then he'll be home.
You are so on the money! This is exactly how ours went and it does depend on receiving state. Some allow payments not payment in full prior. As I stated earlier we are on a payment plan for life I swear. Receiving state was the most helpful.

socal729
08-01-2011, 05:41 PM
My experience has been that Sac won't tell you anything, you're better off connecting with the person in your home state, call every 10 days or so, and they will tell you whether or not they've received the papers. Once they receive the papers they are usually in contact quickly, within a week or two. The good thing is once they have the papers, they have 45 days to approve and then he'll be home.


Thanks for the reply... I spoke to MA ICAOS office today and they told me they do not have any papers regarding my son. They said I should call CA ICAOS office and bug them. MA said they know it takes 2 secs to run the name and see where the papers are - either still in CA or moved on to MA. The MA offcie said they know they would do that for someone who called their office - "but hey CA is different with their own problems" is how he put it. I will call CA ICAOS office and see what I can find out - my son sees his PO on Thursday and he will ask her to call and see what status his papers are classified. It is so frustrating not to know how much longer or if the papers have even left CA yet! What is the big secret? Geez! Time is costing my family money to support him - without a job - it gets costly. Anybody know of any jobs hirings in North San Diego county??

WandaLena
08-01-2011, 07:13 PM
I live in Nevada and my husband was convicted in California. He possibly will have a hefty restitution... years to pay off. We know no one in California since he was traveling there when arrested. Where does CDC expect him to live if he can't come home? He will have a job here, our home is here, our family is here in NV. His pay can all go to restitution since my income covers all household expenses. Are there exception clauses in the transfer regulations?




I do not know about there but Oregon releases back to place of residence at time of conviction.

poodlesnc
08-12-2011, 10:45 AM
My husband's interstate parole from CA to NC was approved yesterday! :-) His release date isn't until Oct. 25. It went through with under 3 months for the whole process. Once we go through CA, NC had until Sept. 1 to make a decision, but they were right on it. Frank Torres with the CA office of the interstate parole comission is the person to get a hold of. It is best to e-mail him and he will respond. But first make sure you contact your loved one's counselor at their prison and be sure the paperwork has been sent to Sacramento. It took us about 3 weeks for it to leave Avenal, 3 weeks for it to leave Sacramento, and then NC contacted me within 2 weeks, and the parole officer approved it after a home visit and talking with me. He will be able to parole straight out of Avenal to NC :-)

JustUs12
08-12-2011, 03:35 PM
My husband's interstate parole from CA to NC was approved yesterday! :-) His release date isn't until Oct. 25. It went through with under 3 months for the whole process. Once we go through CA, NC had until Sept. 1 to make a decision, but they were right on it. Frank Torres with the CA office of the interstate parole comission is the person to get a hold of. It is best to e-mail him and he will respond. But first make sure you contact your loved one's counselor at their prison and be sure the paperwork has been sent to Sacramento. It took us about 3 weeks for it to leave Avenal, 3 weeks for it to leave Sacramento, and then NC contacted me within 2 weeks, and the parole officer approved it after a home visit and talking with me. He will be able to parole straight out of Avenal to NC :-)


That's great news!! Congrats!! I'd like for my fiance to parole here to Vegas but don't know if we'll be able to get married. What's the chances is your not married when they parole?

poodlesnc
08-13-2011, 02:03 AM
That's great news!! Congrats!! I'd like for my fiance to parole here to Vegas but don't know if we'll be able to get married. What's the chances is your not married when they parole?

It is my understanding that there are three major things they take into consideration: if he was a resident of that state at the time of his arrest, if he has family there willing to support him if he can not get a job immediately, and if he has a job already there. We got married last year at Avenal just to make sure it would be approved. He was a resident of NC at the time of his arrest so we had two out of three met.

2sleepy
08-13-2011, 11:44 PM
It is my understanding that there are three major things they take into consideration: if he was a resident of that state at the time of his arrest, if he has family there willing to support him if he can not get a job immediately, and if he has a job already there. We got married last year at Avenal just to make sure it would be approved. He was a resident of NC at the time of his arrest so we had two out of three met.
If he has family who can support him, the receiving state HAS to accept him. California (the sending state) does not have to approve it and sometimes refuse to process the transfer for parolees for a variety of reasons...

poodlesnc
08-14-2011, 11:21 AM
I was told that once the paperwork went through Sacramento the first time, that if the receiving state approved it then it was approved. And if the receiving state finds the home environment unsuitable then they do not have to approve it. I found the worst part getting information out of Sacramento until I emailed Frank Torres. He emailed me 3 times to tell me the status and let me know the day it was sent to NC. Everyone I tried to talk to at the office of the phone was snippy and said they couldn't release the information. I'm just grateful my husband had a great counselor at Avenal who is experienced with interstate paroles and he kept a check on it until it left Avenal. And the main thing , he will be able to come straight home!:):):):):)

JustUs12
08-16-2011, 01:34 PM
Well he got transferred to Mississippi shortly after the marriage application was approved and the procedure is more complicated out there, I would need to take a week off work to get everything done to get married. He was not a resident here before he went in but all his family has since moved here. So I take it he'd have a better chance paroling to his mom's house or something instead of mine?

txwife
08-16-2011, 01:49 PM
My husband is in prison in Virginia. He is going to try and parole to Texas and me and our kids. The compact says that he has to have a job before he can come here. HOW the heck is that supposed to happen? Worries me that they will deny it even though he will have VA disability income.

poodlesnc
08-16-2011, 07:33 PM
Does anyone know how an inmate can get a picture ID that he can use to fly home with? His interstate parole is approved but he can't fly without a picture ID. I talked to R and R today and was told there are several programs that give them picture ID's prior to release. When I asked what kind of programs he said my husband would need to talk to his counselor. His counselor is getting an attitude now, I guess cause we bugged him so much about the interstate parole and he has told my husband that the only thing he does is fill out the paperwork for the interstate parole and he's done with his part. He doesn't handle ID"s or anything else. So if anyone knows what we can do, I would appreciate any help.

Enchanted Wolf
08-16-2011, 10:06 PM
My husband was in a fire camp when he was released, so he had an Inmate ID. (Does everyone in prison have an ID??) He didn't receive his transfer until after he had been on parole for about 5 months and by that time he had gotten his Cali ID. (It takes Cali --i believe--weeks to mail out your ID) But I remember at the time another PTO member mentioned that the Prison ID was acceptable at the airport, but usually the person was pulled aside and "things" were checked on.

My advise, call the airport and talk to someone with the TSA (the security company) and ASK THEM what is going to be acceptable in your husbands situation. :)

kaos44
08-20-2011, 11:52 AM
My brother paroles in nov 2011 from centinela state prison and he had put in a interstate compact transfer to Texas but it came back denied because Texas not taking in any transfer because they are fool. Have this happen to anybody else he dont have not family in cali all his family is in Texas. So now he gonna be homeless. They got him as high risk.

2sleepy
08-20-2011, 01:49 PM
My brother paroles in nov 2011 from centinela state prison and he had put in a interstate compact transfer to Texas but it came back denied because Texas not taking in any transfer because they are fool. Have this happen to anybody else he dont have not family in cali all his family is in Texas. So now he gonna be homeless. They got him as high risk.
If he was paroling to family or a spouse who can support him, and they have lived in Texas for at least 6 months, it is called a mandatory transfer and the receiving state has to accept him. The interstate contacts for each state are on here: http://www.interstatecompact.org/Portals/0/Library/contacts.pdf I would start by contacting the head of the office and ask them to review the file, if they tell you that the state is 'full' then remind them of the rule on mandatory transfers: http://www.interstatecompact.org/Legal/RulesStepbyStep/Chapter3/Rule3101.aspx

socal729
09-13-2011, 06:41 AM
My husband's interstate parole from CA to NC was approved yesterday! :-) His release date isn't until Oct. 25. It went through with under 3 months for the whole process. Once we go through CA, NC had until Sept. 1 to make a decision, but they were right on it. Frank Torres with the CA office of the interstate parole comission is the person to get a hold of. It is best to e-mail him and he will respond. But first make sure you contact your loved one's counselor at their prison and be sure the paperwork has been sent to Sacramento. It took us about 3 weeks for it to leave Avenal, 3 weeks for it to leave Sacramento, and then NC contacted me within 2 weeks, and the parole officer approved it after a home visit and talking with me. He will be able to parole straight out of Avenal to NC :-)

I have some questions and wonder if you may have some answers since you have gone through the process. My son is in county jail right now and do not know what sentence he will end up with but I am thinking ahead. He did apply for interstate before he was violated - the transfer has not gone through the process yet - he applied on 7/8 and haven't heard anything yet. I am assuming since he is in county things came to a hold on that?? If so does he have to reapply to be able to move back east IF he does have to serve time OR will the original transfer request that was initiated on 7/8 be still valid? If he has to reapply when can he begin doing that while he is serving time? I think I read 180 days ahead of release?? I would like him to be able to come straight to east coast (home) after release. Thanks for any info you may have.

Annabelle
09-13-2011, 10:06 PM
I have some questions and wonder if you may have some answers since you have gone through the process. My son is in county jail right now and do not know what sentence he will end up with but I am thinking ahead. He did apply for interstate before he was violated - the transfer has not gone through the process yet - he applied on 7/8 and haven't heard anything yet. I am assuming since he is in county things came to a hold on that?? If so does he have to reapply to be able to move back east IF he does have to serve time OR will the original transfer request that was initiated on 7/8 be still valid? If he has to reapply when can he begin doing that while he is serving time? I think I read 180 days ahead of release?? I would like him to be able to come straight to east coast (home) after release. Thanks for any info you may have.

His parole agent should still have all the paperwork and know the current status. I would think that once you know how long he'll have to serve on the violation, contact his PO and see if he/she will give you some answers.

socal729
10-29-2012, 03:00 PM
Does anyone know if there is a difference between interstate transfer when it is associated with county supervised probation as opposed to being on parole?
I have researched all that I could find on the ICAOS site and do not see anything about probation and parole when it comes to interstate transfer. I am assuming it is the same thing. My son's counselor said she could not do an interstate transfer request if he would be released on probation rather than parole - he has to wait until he was released.Is there a reason why she could not begin the process for him if he would be on probation?? Thanks

2sleepy
10-29-2012, 03:33 PM
I would assume that the prison counselor could start the paperwork, but most of them are lazy and won't even start it for the guys who will be on state parole. If I were you, I would call the county probation department that he will be reporting to and see what they say.

Xiu Xiu
10-29-2012, 10:56 PM
We did our out if state transfer this past July. The process is the same. My husband is on PRCS and the only difference is that restitution does NOT have to be paid in full to be able to transfer. He can ask his counselor to start the process 120 days prior to his release. It is done all electronic now so the process is much faster. My husbands transfer was approved in 8 days. The hardest part is having the counselor start it while inside. Have all the paperwork ready and send to your LO. A letter for possible employment, a letter from you stating that you are willing to support him financial if necessary, a letter from anyone else in your home stating that they are aware of his crimes and that they are ok with him living in the home and support letters from friends and family in the state he wants to move to. They will ask for all of that but having it ready will speed up the process. She can start it just doesn't want to. You can also do what I did. I emailed the counselor, counselors supervisor and the PO all in one email. That seemed to help. The PO told the counselor to get my husbands signature and send it over and he PO started the paperwork.

bf85
10-30-2012, 08:14 PM
I noticed someone state earlier that interstate transfers as typically denied if the person who wants to offer a home to the parolee is not married to them.

I wonder what your take on an ex-spouse? I am his ex wife, he does have a current wife who is not willing to offer him a place to parole to in his current state. His mother and family are also unwilling to house him. I am willing but in Colorado and living in a rented apartment.

I learned my apartment complex does not permit felons, or persons on parole. Am I out of options? I can't afford to move nor do I want to move either to a new complex at this time nor do I know how to figure out if places even commonly except paroled people. I do not want to move to Texas. I do feel incredibly helpless in trying to offer aid to someone who will be homeless, ex felon, and fresh out of prison in a full on economic recession with very limited options. I am still willing to do what I can if I can do something.

for the housing situation: must I own?
for the interstate situation: am I screwed?

I am sure I am not alone in this feeling but it just feels like a trap for ones who've done their time and can't feasibly move on in the conditions they are given.

Annabelle
10-30-2012, 08:30 PM
You don't have to own but I know the apts. near where I live in Colorado are notorious for not allowing anyone with a felony conviction to live in their apts.

Do you have any kids together? I wonder if that would make a difference? I don't know the answer.

Xiu Xiu
10-30-2012, 09:08 PM
I noticed someone state earlier that interstate transfers as typically denied if the person who wants to offer a home to the parolee is not married to them.

I wonder what your take on an ex-spouse? I am his ex wife, he does have a current wife who is not willing to offer him a place to parole to in his current state. His mother and family are also unwilling to house him. I am willing but in Colorado and living in a rented apartment.

I learned my apartment complex does not permit felons, or persons on parole. Am I out of options? I can't afford to move nor do I want to move either to a new complex at this time nor do I know how to figure out if places even commonly except paroled people. I do not want to move to Texas. I do feel incredibly helpless in trying to offer aid to someone who will be homeless, ex felon, and fresh out of prison in a full on economic recession with very limited options. I am still willing to do what I can if I can do something.

for the housing situation: must I own?
for the interstate situation: am I screwed?

I am sure I am not alone in this feeling but it just feels like a trap for ones who've done their time and can't feasibly move on in the conditions they are given.

He can try. They do allow discretion transfers but they are not guaranteed. If he has children with you and live in the state or maybe an aunt, uncle or grandparent that will also work. As far as transferring and not living with you that might not work unless you are willing to support him financially. But it will be hard.

Here are all the rules. A lot of things have changed recently.

http://www.interstatecompact.org

2sleepy
10-30-2012, 10:31 PM
ex-spouse won't work..neither will parents who won't let him live with them. These are the current rules:
Resident Family means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who-
1.) has resided in the Receiving State for 180 days or longer as of the date of the transfer request; and
2.) indicates willingness and ability to assist the offender as specified in the plan of supervision.

You could try for a non-mandatory transfer, but honestly I have never heard of one being approved. Any chance that he can work something out with his parents or current wife?

socal729
10-31-2012, 04:40 PM
We did our out if state transfer this past July. The process is the same. My husband is on PRCS and the only difference is that restitution does NOT have to be paid in full to be able to transfer. He can ask his counselor to start the process 120 days prior to his release. It is done all electronic now so the process is much faster. My husbands transfer was approved in 8 days. The hardest part is having the counselor start it while inside. Have all the paperwork ready and send to your LO. A letter for possible employment, a letter from you stating that you are willing to support him financial if necessary, a letter from anyone else in your home stating that they are aware of his crimes and that they are ok with him living in the home and support letters from friends and family in the state he wants to move to. They will ask for all of that but having it ready will speed up the process. She can start it just doesn't want to. You can also do what I did. I emailed the counselor, counselors supervisor and the PO all in one email. That seemed to help. The PO told the counselor to get my husbands signature and send it over and he PO started the paperwork.

Very very helpful information.
Do you know the criteria to be placed on PRCS rather than parole?
My son seems tho think he will likely be on PRCS. I have started to compile a folder with letters and endorsements and I will approach the possible employment prospects as the time gets closer. We really need to make this happen. he is alone in CA while ALL of the family and extended family is on the east coast. I will begin the email to his counselor and cc her supervisor along with the PO as suggested. Any chance he will have the same PO as he did before he violated? Any tips and info since you went through it is very much appreciated!

Annabelle
10-31-2012, 05:04 PM
Very very helpful information.
Do you know the criteria to be placed on PRCS rather than parole?
My son seems tho think he will likely be on PRCS. I have started to compile a folder with letters and endorsements and I will approach the possible employment prospects as the time gets closer. We really need to make this happen. he is alone in CA while ALL of the family and extended family is on the east coast. I will begin the email to his counselor and cc her supervisor along with the PO as suggested. Any chance he will have the same PO as he did before he violated? Any tips and info since you went through it is very much appreciated!

A lot of POs have been laid off and there is a list of excludable crimes for PRCS you can find it here: http://www.cpoc.org/php/realign/cdcrinfo.php click on "excluded crimes" list and those are the crimes that are not eligible for PRCS.

bf85
11-01-2012, 02:26 AM
Thank you for all your responses.

Yes, I am starting to see the slim chance of me helping out my ex husband stay with me out of state from where he is currently incarcerated. I do not have any children with him and his entire family is in Texas.

As far as I know, his current wife is not on speaking terms with him or otherwise unwilling to house him when he is released. His family as well. Its a sucky situation. I appear to be the only person in his life willing and able to help him out, and I'm in Colorado. I am going to attempt an interstate transfer request, and cross my fingers and toes and wish it comes true.

And I have come to terms with moving as well. I plan on finding a place either privately rented or a smaller complex that will allow him to live in my house/apartment, I really want to help him out.

Thanks for your reply's..it does feel really helpless dealing with this entire system sometimes. As a friend who kinda is "family" but not it is frustrating.

socal729
11-02-2012, 05:41 PM
A lot of POs have been laid off and there is a list of excludable crimes for PRCS you can find it here: http://www.cpoc.org/php/realign/cdcrinfo.php click on "excluded crimes" list and those are the crimes that are not eligible for PRCS.

I read the pertinent information on the site but do not understand the wording of the colored note below. I emailed and received information from the parole and probation services department of the ICOTS and he said the counselor in the facility has the authority to begin the process 120 days from the door. Just what do they mean when they say prison staff does not have access to ICOT ... Hmmmm - guess I need to call Mario Fox head of probation and parole/ICOT

Per this Act, under PC 3450, Offenders released from custody are termed Post-Release Community Supervision (PRCS) offenders. As such, they areunder the supervision of local probation Departments and no longer under the jurisdiction of Parole. However, for purposes of the Interstate Compact---when the PO submits the Transfer Packet for a PRCS case, the PO shall select “Parole” when determining the “Type of Supervision” on the Transfer Request form. Additionally, PRCS cases are not subject to restitution issues as initially thought under PC 11177.2 (a). Therefore, outstanding restitution issues should not be used as a legal criteria for preventing a PRCS case from transferring his supervision case out of California. Note: Prison Staff do not have access to ICOTS and cannot input anything into the ICOTS database.

socal729
11-02-2012, 05:54 PM
A lot of POs have been laid off and there is a list of excludable crimes for PRCS you can find it here: http://www.cpoc.org/php/realign/cdcrinfo.php click on "excluded crimes" list and those are the crimes that are not eligible for PRCS.

Are they referring to "excluded crimes" as the current reason one is in prison?

So by reading through the excluded crimes I am coming away with the assumption if the crime is not on the list - my son will released on PRCS and the only change would be the restitution does not have to be paid before interstate transfer takes place. The whole process of interstate transfer still should begin while in prison according to the Interstate Compact administration. Does anyone know if what I have posted is true?

Xiu Xiu
11-02-2012, 08:44 PM
ICOTS is the computer system they use for the Interstate Compact transfers. Counselors do not have access to that but they can start the process by having the inmate sign all necessary paperwork and email or fax to the PO. The PO then inputs all the information into the system and sent to Sacramento and then processed there and sent to the receiving state. As far as excluded crimes, it's both for past and present crimes. They com not deny a transfer because of the crime. The only difference is the restitution.

socal729
11-04-2012, 05:10 PM
ICOTS is the computer system they use for the Interstate Compact transfers. Counselors do not have access to that but they can start the process by having the inmate sign all necessary paperwork and email or fax to the PO. The PO then inputs all the information into the system and sent to Sacramento and then processed there and sent to the receiving state. As far as excluded crimes, it's both for past and present crimes. They com not deny a transfer because of the crime. The only difference is the restitution.


County-level supervision will not include: Offenders on parole prior to October 1, 2011.
Is this still part of the criteria?

Annabelle
11-04-2012, 05:57 PM
County-level supervision will not include: Offenders on parole prior to October 1, 2011.
Is this still part of the criteria?


Good question, my son was on parole prior to Oct. 1, 2011 but then picked up a new charge. I doubt anyone really knows the answer!

Regardless, it seems that if one is eligible for PCRS in California, they will transfer to parole in the receiving state since other states don't have anything like PCRS.

Also know that if they transfer, the receiving state can and will impose their own parole provisions and sometimes they are much harsher than what California requires.

Annabelle
11-04-2012, 05:58 PM
Are they referring to "excluded crimes" as the current reason one is in prison?

So by reading through the excluded crimes I am coming away with the assumption if the crime is not on the list - my son will released on PRCS and the only change would be the restitution does not have to be paid before interstate transfer takes place. The whole process of interstate transfer still should begin while in prison according to the Interstate Compact administration. Does anyone know if what I have posted is true?


Yes, it is the CURRENT reason they are in prison.

Xiu Xiu
11-04-2012, 06:25 PM
County-level supervision will not include: Offenders on parole prior to October 1, 2011.
Is this still part of the criteria?

It does not matter if they are on parole, PRCS, or probation. The criteria is the same. The only difference is that on PRCS, the restitution dies not have to be paid for transfer to start.

Xiu Xiu
11-04-2012, 06:26 PM
Good question, my son was on parole prior to Oct. 1, 2011 but then picked up a new charge. I doubt anyone really knows the answer!

Regardless, it seems that if one is eligible for PCRS in California, they will transfer to parole in the receiving state since other states don't have anything like PCRS.

Also know that if they transfer, the receiving state can and will impose their own parole provisions and sometimes they are much harsher than what California requires.

If he got a new case that parole is over. PRCS or Parole will start again once he gets released. He should know what he will be doing by now.

Xiu Xiu
11-04-2012, 06:27 PM
Yes, it is the CURRENT reason they are in prison.

No, past crimes are accounted as well.

Annabelle
11-04-2012, 07:53 PM
If he got a new case that parole is over. PRCS or Parole will start again once he gets released. He should know what he will be doing by now.


Thank you. I know at the plea hearing, the Judge said he will again be on parole for 3 years and his crime doesn't qualify him for PCRS. I've been following posts by the California Peace Officers and they are all saying that it's only the current crime that comes into consideration for probation supervision. There's a lot of media about AB109 discussing this issue it's part of the reason why there are so many layoffs. Anyway, that doesn't have anything to do with interstate transfer. I just got off topic a bit!

Xiu Xiu
11-04-2012, 09:33 PM
Thank you. I know at the plea hearing, the Judge said he will again be on parole for 3 years and his crime doesn't qualify him for PCRS. I've been following posts by the California Peace Officers and they are all saying that it's only the current crime that comes into consideration for probation supervision. There's a lot of media about AB109 discussing this issue it's part of the reason why there are so many layoffs. Anyway, that doesn't have anything to do with interstate transfer. I just got off topic a bit!

PRCS is for current crimes but they can take it into account to just do parole instead if say they have a violent pass such as car jacking or sex crime. Also pass crimes are taken into account if they will serve time in county or state. My husband was released on PRCS but served state time because of his pass crimes.

Annabelle
11-05-2012, 07:49 AM
Are you sure?

CDCR continues to have jurisdiction over all offenders who are on state parole prior to the implementation date of October 1, 2011. Prospectively, county-level supervision for offenders upon release from prison will include current non-violent, current non-serious (irrespective of priors),

http://www.cdcr.ca.gov/realignment/Post-Release-Community-Supervision.html

2sleepy
11-05-2012, 01:36 PM
Annabelle is right, PRCS is based on the current offense

Xiu Xiu
11-05-2012, 04:25 PM
Yes, true. But past crimes take into account if they serve their term in county or Prison. My husbands crime this time around was not in the Exclusion list, but his past charges where, he served his 8 months in State then released on PRCS. He was high control parole when he picked up his new charge.

Annabelle
11-05-2012, 09:04 PM
Yes, true. But past crimes take into account if they serve their term in county or Prison. My husbands crime this time around was not in the Exclusion list, but his past charges where, he served his 8 months in State then released on PRCS. He was high control parole when he picked up his new charge.

Is that what they call a "split sentence?" My son's new charge was felon in possession of a firearm. I'm so bummed it's on the list. I keep hoping they revise it before he gets out. ;)

socal729
11-06-2012, 05:40 PM
Thank you. I know at the plea hearing, the Judge said he will again be on parole for 3 years and his crime doesn't qualify him for PCRS. I've been following posts by the California Peace Officers and they are all saying that it's only the current crime that comes into consideration for probation supervision. There's a lot of media about AB109 discussing this issue it's part of the reason why there are so many layoffs. Anyway, that doesn't have anything to do with interstate transfer. I just got off topic a bit!


OK just checked the "excluded" list and the crime both current and 1 past are not on the list... so I am assuming PCRS is a strong possibility ... BUT I do read where

County-level supervision will not include: Offenders on parole prior to October 1, 2011.
I guess I need to speak to someone who knows for sure. He is due to be released in August 2013 - he has not been told one way or the other yet where he falls. He just brought up the question to me because his cellie is being released under PCRS. I realize there is no difference concerning interstate transfer except for the restitution deal. I am also aware that MA may have a different set of rules than CA upon release BUT no way is he staying in CA ... possibility of more ropes to jump through or not!

socal729
11-06-2012, 05:44 PM
Yes, true. But past crimes take into account if they serve their term in county or Prison. My husbands crime this time around was not in the Exclusion list, but his past charges where, he served his 8 months in State then released on PRCS. He was high control parole when he picked up his new charge.


My son's crime this time and past were not on "the" list although he was released on parol last time prior to 10/1/2011.
He spent 1 1/2 yrs in prison in 2009 and released on high control like your husband was... so I am hoping my son is released with the same status as your husband was.

Annabelle
11-06-2012, 08:06 PM
My son's crime this time and past were not on "the" list although he was released on parol last time prior to 10/1/2011.
He spent 1 1/2 yrs in prison in 2009 and released on high control like your husband was... so I am hoping my son is released with the same status as your husband was.

I think you're good because like Xiu said, it's a new parole period, so being paroled prior to 10/1/2011 doesn't matter in this scenario.

Xiu Xiu
11-06-2012, 09:07 PM
My son's crime this time and past were not on "the" list although he was released on parol last time prior to 10/1/2011.
He spent 1 1/2 yrs in prison in 2009 and released on high control like your husband was... so I am hoping my son is released with the same status as your husband was.

On this current term was he sentenced prior to Oct. 1, 2012?

2sleepy
11-07-2012, 05:33 PM
Here is what a split sentence is about: If someone commits a felony and they are 'eligible' to do their time in county jail, then there is no term of probation or parole upon release; so the split sentence is a way for judges to put them on probation after their release. An example would be a 4 year sentence with 1 year in county jail and the remaining 3 years on probation. Here's an explanation:
http://www.calrealignment.org/site-feeds.html

socal729
11-11-2012, 07:27 PM
On this current term was he sentenced prior to Oct. 1, 2012?


Yes - he was sentenced in March 2012

Xiu Xiu
11-12-2012, 06:04 PM
Then he will be on parole and not PRCS.

Xiu Xiu
11-29-2012, 12:16 AM
In order to be approved to transfer out of state she would need an immediate family member, spouse or child that has lived in that state at least 180 days. My husband transferred to my state and I was never contacted ( home visit) prior to the approve. I did however need to supply letters that they requested, a letter of support for employment and our marriage certificate.

BrownEyes77
12-01-2012, 02:38 AM
Hi Im really hopping someone can help us out...My guy has been given 6 months of probation and is due for release from fire camp in 50 days. About two months ago he talked to his councilor and put in for an out of state transfer to Oregon to live with his mother and brother. He also has a job in Oregon waiting for him (and his boss is willing to speak for him to prove it if needed.) I just found out, his paperwork was Lost... and now hes being told he will have to wait to inquire about a transfer to Oregon when he makes his first report to his probation officer. Housing him in CA is a huge finacial burden atm and theres still 50 days to get a transfer through.... Im not really sure what exactly we are waiting for... isnt there something that can be done prior to his release?

Xiu Xiu
12-01-2012, 02:55 AM
Hi Im really hopping someone can help us out...My guy has been given 6 months of probation and is due for release from fire camp in 50 days. About two months ago he talked to his councilor and put in for an out of state transfer to Oregon to live with his mother and brother. He also has a job in Oregon waiting for him (and his boss is willing to speak for him to prove it if needed.) I just found out, his paperwork was Lost... and now hes being told he will have to wait to inquire about a transfer to Oregon when he makes his first report to his probation officer. Housing him in CA is a huge finacial burden atm and theres still 50 days to get a transfer through.... Im not really sure what exactly we are waiting for... isnt there something that can be done prior to his release?

If memory serves me right ( ill double check) he has to have more than 6 months left of supervision after release. With that said, talk to his PO about this. If the PO has the original paperwork with signature ( you didn't state how far the transfer got) then the PO can re submit it because its all done electronically. If all the paperwork is gone, then if the PO contacts ( if the PO is willing to) the counselor then that is all the PO needs to start it again. If not he will have to wait until he is released.

BrownEyes77
12-01-2012, 03:25 AM
If memory serves me right ( ill double check) he has to have more than 6 months left of supervision after release. With that said, talk to his PO about this. If the PO has the original paperwork with signature ( you didn't state how far the transfer got) then the PO can re submit it because its all done electronically. If all the paperwork is gone, then if the PO contacts ( if the PO is willing to) the counselor then that is all the PO needs to start it again. If not he will have to wait until he is released.



Communication has been difficult for us lately but what I do know, he was told 6 months supervision and that his councilor only told him, the paper work was "lost" you will have to request a transfer from your probation officer. I just recalled that the councilor did in fact call his mother and do a phone interview with her. I dont know how far the "paperwork" got, if its all electronic I can only guess they lost his signature?
PO=s probation officer??

Chiebins
12-01-2012, 06:31 AM
Who would sign or submit the information for him since there are no counselors in the County Jails?
My finance (marriage will take place prior to starting the paperwork) is due for release at the end of 2013, but is serving his time in county under AB109. I've spoken with his PO prior to him getting in trouble and being sentenced this most recent time, but is that going to be his same Probation Officer once he's out this time? Should I just try to call her and see if she can help us out with the process?

I have been living in the receiving state for 2 years, able to financially support him, secure living situation with roommates fully aware and okay with him living here. I wrote the letter stating all this already and mailed it to him, along with the packet/paperwork I got from the site -- But what now? If there's no one at the jail to assist him?

Xiu Xiu
12-01-2012, 02:28 PM
Who would sign or submit the information for him since there are no counselors in the County Jails?
My finance (marriage will take place prior to starting the paperwork) is due for release at the end of 2013, but is serving his time in county under AB109. I've spoken with his PO prior to him getting in trouble and being sentenced this most recent time, but is that going to be his same Probation Officer once he's out this time? Should I just try to call her and see if she can help us out with the process?

I have been living in the receiving state for 2 years, able to financially support him, secure living situation with roommates fully aware and okay with him living here. I wrote the letter stating all this already and mailed it to him, along with the packet/paperwork I got from the site -- But what now? If there's no one at the jail to assist him?

His Po can visit him in county and have your LO sign the papers. He can call him collect or you can call the counselor himself. If he has the same counselor will depend.

2sleepy
12-01-2012, 06:12 PM
Who would sign or submit the information for him since there are no counselors in the County Jails?
My finance (marriage will take place prior to starting the paperwork) is due for release at the end of 2013, but is serving his time in county under AB109. I've spoken with his PO prior to him getting in trouble and being sentenced this most recent time, but is that going to be his same Probation Officer once he's out this time? Should I just try to call her and see if she can help us out with the process?

I have been living in the receiving state for 2 years, able to financially support him, secure living situation with roommates fully aware and okay with him living here. I wrote the letter stating all this already and mailed it to him, along with the packet/paperwork I got from the site -- But what now? If there's no one at the jail to assist him?
They won't start the interstate transfer process a year before he paroles, but why does he have probation when he gets out of jail? There is no parole for felons doing their time in county unless they are doing a split sentence (part in jail-the remainder after release). Maybe you should call his attorney and check with them to see if he actually has any parole after release.

Chiebins
12-02-2012, 05:16 AM
They won't start the interstate transfer process a year before he paroles, but why does he have probation when he gets out of jail? There is no parole for felons doing their time in county unless they are doing a split sentence (part in jail-the remainder after release). Maybe you should call his attorney and check with them to see if he actually has any parole after release.

I read somewhere, I'll look for it, that said under AB109, they are on probation for 6-12 months after release; Max being 12 months.
His original sentence is 3 years at half. Nothing was ever stated or said about a split sentence. His attorney was just a basic public defender. I'll gladly call and get ahold of him if need be, but will he still have the information on him after 7 months and sentencing is completed?

Xiu Xiu
12-02-2012, 11:32 AM
I read somewhere, I'll look for it, that said under AB109, they are on probation for 6-12 months after release; Max being 12 months.
His original sentence is 3 years at half. Nothing was ever stated or said about a split sentence. His attorney was just a basic public defender. I'll gladly call and get ahold of him if need be, but will he still have the information on him after 7 months and sentencing is completed?

AB109 is 3 yrs probation. They "can" get discharged after 6 months if they have no violations. If they do not discharge them they get automatically discharged at 12 month if they have no violations. If they do violate they get a Flash incarceration of 10 days for each violation in county jail and will have to serve their whole 3 yrs of probation.

2sleepy
12-02-2012, 03:10 PM
AB109 is 3 yrs probation. They "can" get discharged after 6 months if they have no violations. If they do not discharge them they get automatically discharged at 12 month if they have no violations. If they do violate they get a Flash incarceration of 10 days for each violation in county jail and will have to serve their whole 3 yrs of probation.

You are correct if the term was served in prison, but not for one served in jail, that is why they are imposing 'split sentences' (see pp 8-9)

http://www.courts.ca.gov/partners/documents/felony_sentencing.pdf

Xiu Xiu
12-02-2012, 03:56 PM
You are correct if the term was served in prison, but not for one served in jail, that is why they are imposing 'split sentences' (see pp 8-9)

http://www.courts.ca.gov/partners/documents/felony_sentencing.pdf

You could be right 2sleepy. Ill have to reread it all I've read so much in the last year that its hard to remember everything.

2sleepy
12-02-2012, 04:54 PM
You could be right 2sleepy. Ill have to reread it all I've read so much in the last year that its hard to remember everything.

lol I know, I actually had to go look it up to be sure.

Chiebins
12-02-2012, 05:22 PM
So how would I find out if he's on a split sentence? Get ahold of his PD or PO? - I just spoke with him and he told me there are people back in there on violations for not checking in after they were released. That they weren't informes they had to and thought they were off probation. (They were in county under realignment). I know ignorance Isnt an excuse, so Im not saying that, just posing the question. Ive told my boy that if they dont tell him to check in upon release, we're still going down to the office and checking.
Also, in that PDF it states that its up to the county to impliment probation etc. So my understanding of it was they could put them on probation if theyre under ab 109. Would you mind helping to clarify if Im incorrect?

2sleepy
12-02-2012, 10:00 PM
So how would I find out if he's on a split sentence? Get ahold of his PD or PO? - I just spoke with him and he told me there are people back in there on violations for not checking in after they were released. That they weren't informes they had to and thought they were off probation. (They were in county under realignment). I know ignorance Isnt an excuse, so Im not saying that, just posing the question. Ive told my boy that if they dont tell him to check in upon release, we're still going down to the office and checking.
Also, in that PDF it states that its up to the county to impliment probation etc. So my understanding of it was they could put them on probation if theyre under ab 109. Would you mind helping to clarify if Im incorrect?

contact the attorney that represented him and ask, as far as the pdf, I believe that it says there is no probation/parole for felons doing their time in county, when they refer to probation they are talking about a split sentence.

Chiebins
12-03-2012, 12:47 AM
Nothing in the realignment legislation, however, appears to restrict the application of county parole under sections 3074, et seq. County parole boards are charged with creating rules and procedures for the release on parole of “any prisoner who is confined in or committed to any county jail, work furlough facility, industrial farm, or industrial road camp, or in any city jail, work furlough facility, industrial farm or industrial road camp under a judgment of imprisonment or as a condition of probation for any criminal offense . . . .”

So theres county and state parole?
Thats my understanding of it.

Xiu Xiu
12-03-2012, 01:41 AM
Nothing in the realignment legislation, however, appears to restrict the application of county parole under sections 3074, et seq. County parole boards are charged with creating rules and procedures for the release on parole of “any prisoner who is confined in or committed to any county jail, work furlough facility, industrial farm, or industrial road camp, or in any city jail, work furlough facility, industrial farm or industrial road camp under a judgment of imprisonment or as a condition of probation for any criminal offense . . . .”

So theres county and state parole?
Thats my understanding of it.

The county parole is Post Release County Supervision, parolees who report to probation instead. My husband did 8 months in state time in prison and got released on PRCS.

However, I am reading it just as you are, that even on state inmates serving in county "can be" released on PRCS even if they are not on a split sentence. I am going to ask my husbands attorney on this. We email regularly on different topics. It is confusing how it is layed out.

2sleepy
12-03-2012, 10:47 AM
The county parole is Post Release County Supervision, parolees who report to probation instead. My husband did 8 months in state time in prison and got released on PRCS.

However, I am reading it just as you are, that even on state inmates serving in county "can be" released on PRCS even if they are not on a split sentence. I am going to ask my husbands attorney on this. We email regularly on different topics. It is confusing how it is layed out.

Like almost everything in California, they have made this so confusing that I doubt if most attorney's can figure it out, but as I understand it. If a felon is a non-non-non and sentenced to county jail for a felony that has a fixed term of 16 mths, 2 years, or 3 years - they can be sentenced to a period not to exceed 3 years that is a combination of jail time and PRCS (that's what is referred to as a split sentence). Any other felony that is not fixed for those terms has no post release supervision. Here's some stuff I found on another site:http://ceb.com/lawalerts/Criminal-Justice-Realignment.asp

"The main postrelease and parole provisions operative October 1, 2011 are:
Individuals convicted of felonies punishable by a prescribed term of county jail in the underlying statute will not be supervised after release; there will be no period of parole.
Only those individuals convicted of a straight felony (where the term is not prescribed by the underlying statute and, therefore, is 16 months, 2 years or 3 years under Pen C §1170(h)(1)) may be sentenced to a period of county jail and a period of probation not to exceed the maximum possible term. Pen C §1170(h)(5). See Legislative Counsel's Digest to A.B. 116 (Cal Stats 2011, ch 136).
Prison sentences for non-non-non felonies will be followed by a period of up to 3 years of Postrelease Community Supervision administered by the counties. Violations of Post Release Community Supervision can be punished in many ways, including flash incarceration. Revocations must be done by a new Court Revocation Officer. Pen C §§3450-3458.
Offenders released from state prison after serving a sentence for a third strike or a serious or violent felony or who are classified as high risk sex offenders or mentally disordered or who are on parole prior to October 1, 2011 will be under state parole supervision. See Pen C §§3000.08, 3000.09.
Parole revocations will be served in county jail for a maximum of 180 days.
Only persons previously sentenced to a term of life can be returned to prison on a parole revocation.

2sleepy
12-03-2012, 10:50 AM
Here's another link see page #9 on page 3 http://www.courts.ca.gov/partners/documents/cjr_faq.pdf

Xiu Xiu
12-03-2012, 03:30 PM
2sleepy maybe its me I don't know all this drives me crazy. I think if the inmates Max out then no supervision but if they do 50% off with good time the rest of that 50% is the supervision with a possible 6 months,12 month's or 3 years if they violate. Maybe?? What do you think? Am I way off?

2sleepy
12-03-2012, 07:50 PM
2sleepy maybe its me I don't know all this drives me crazy. I think if the inmates Max out then no supervision but if they do 50% off with good time the rest of that 50% is the supervision with a possible 6 months,12 month's or 3 years if they violate. Maybe?? What do you think? Am I way off?

That's pretty much how it works, they can split the sentence anyway they want, so if you got a 3 year sentence the judge could have you serve 6 months then be on PRCS until 3 years is up, or they could have you serve 18 months, but unless you served the whole term in jail you would be subject to PRCS for whatever time is left on the sentence. You would get half time credits for the time you spend in jail but the time you are on PRCS is day for day. Splitting the sentence is the judge's option, the defendant can't refuse it.

But, this is what's weird - it only applies to convictions where the sentence is either 16 months, 2 years, or 3 years. Or, as they call them "felonies without a specified sentence that refer back to 1170 PC" It is 1170 PC that specifies 16/2/3 for those crimes.

11377 H&S (possession of meth) would be an example- it refers back to 1170 PC for sentencing so if you were convicted of that, you would most likely get a split sentence and do part of your time in jail and the rest on PRCS. But, if you were convicted of 11378 H&S (sales of meth) it has a specified sentence of 2, 3, or 4 years. So if you get convicted of 11378 H&S you would serve your sentence with half time credits and get discharged with NO PRCS period. It looks like if you violate you could end up doing whatever is left on your sentence but only 180 days with half for a single revocation, same as parole

Chiebins
12-05-2012, 06:35 AM
That's pretty much how it works, they can split the sentence anyway they want, so if you got a 3 year sentence the judge could have you serve 6 months then be on PRCS until 3 years is up, or they could have you serve 18 months, but unless you served the whole term in jail you would be subject to PRCS for whatever time is left on the sentence. You would get half time credits for the time you spend in jail but the time you are on PRCS is day for day. Splitting the sentence is the judge's option, the defendant can't refuse it.

But, this is what's weird - it only applies to convictions where the sentence is either 16 months, 2 years, or 3 years. Or, as they call them "felonies without a specified sentence that refer back to 1170 PC" It is 1170 PC that specifies 16/2/3 for those crimes.

11377 H&S (possession of meth) would be an example- it refers back to 1170 PC for sentencing so if you were convicted of that, you would most likely get a split sentence and do part of your time in jail and the rest on PRCS. But, if you were convicted of 11378 H&S (sales of meth) it has a specified sentence of 2, 3, or 4 years. So if you get convicted of 11378 H&S you would serve your sentence with half time credits and get discharged with NO PRCS period. It looks like if you violate you could end up doing whatever is left on your sentence but only 180 days with half for a single revocation, same as parole

You may have posted this already, but where did you find the information about 11378 H&S and its sentences? :)
My finance was charged with 11379 H&S and sentenced to 3 at half. I'm wondering if his charge would fall under that since its so close to 11378.

I found some of it here: http://www.courts.ca.gov/partners/documents/cjr_faq.pdf (Thanks!!)
Still very confused with all of this, but I'm getting a better idea. Thanks so much for all the information.

2sleepy
12-05-2012, 11:01 AM
You may have posted this already, but where did you find the information about 11378 H&S and its sentences? :)
My finance was charged with 11379 H&S and sentenced to 3 at half. I'm wondering if his charge would fall under that since its so close to 11378.

I found some of it here: http://www.courts.ca.gov/partners/documents/cjr_faq.pdf (Thanks!!)
Still very confused with all of this, but I'm getting a better idea. Thanks so much for all the information.

Yes, it has a fixed sentence of 2, 3, or 4 years http://law.onecle.com/california/health/11379.html because of that, he would either do a fixed term of 18 months in jail with no PRCS, or a lesser term with part of his jail time deferred and served on PRCS.

The time on PRCS would depend upon how long his jail sentence was. For instance on a 3 year term, if he was sentenced to serve one year- he would do half of that in jail (6 months) then he would be on PRCS for the remaining two years.

Annabelle
12-11-2012, 05:07 PM
I just want to share what I found out today regarding the process for interstate transfer for a PCRS release. If you are in LA County, the Alhambra probation office handles the paperwork. They require that the inmate have the counselor at the prison initiate it (if you don't want to wait until they are released). Once the inmate has signed off at the prison, the counselor submits the paperwork to whichever office in your county handles submitting it to Sacramento.

So, now I have to somehow convince an counselor at the prison to actually initiate the paperwork. I've never been successful at this before so I'm not holding my breath.

Xiu Xiu
12-11-2012, 05:22 PM
I just want to share what I found out today regarding the process for interstate transfer for a PCRS release. If you are in LA County, the Alhambra probation office handles the paperwork. They require that the inmate have the counselor at the prison initiate it (if you don't want to wait until they are released). Once the inmate has signed off at the prison, the counselor submits the paperwork to whichever office in your county handles submitting it to Sacramento.

So, now I have to somehow convince an counselor at the prison to actually initiate the paperwork. I've never been successful at this before so I'm not holding my breath.

Good luck. Thankfully when my husband saw his counselor in reception he did tell them that he did want to transfer out of state. The counselor at CCI did not want to start the process, but because that box was marked she had to do it. There is a liaison that works between the counselors and the probation offices that can help you. Ill see if I can get that information for you.

2sleepy
12-11-2012, 05:31 PM
I just want to share what I found out today regarding the process for interstate transfer for a PCRS release. If you are in LA County, the Alhambra probation office handles the paperwork. They require that the inmate have the counselor at the prison initiate it (if you don't want to wait until they are released). Once the inmate has signed off at the prison, the counselor submits the paperwork to whichever office in your county handles submitting it to Sacramento.

So, now I have to somehow convince an counselor at the prison to actually initiate the paperwork. I've never been successful at this before so I'm not holding my breath.

any chance that probation would call the counselor, or the warden?

Xiu Xiu
12-11-2012, 06:04 PM
any chance that probation would call the counselor, or the warden?

That's what we did. The probation officer ( once the counselor said yes) called the counselor and said ok he will start it, they both contacted the liaison to send the paperwork back to the PO.

Annabelle
12-12-2012, 08:08 AM
No, because he is not assigned to a probation officer yet. One person was saying maybe they could send him the paper to sign and send back but then I got transfered around and two different people told me the counselor at the prison needs to initiate it.

2sleepy
12-12-2012, 11:22 AM
No, because he is not assigned to a probation officer yet. One person was saying maybe they could send him the paper to sign and send back but then I got transfered around and two different people told me the counselor at the prison needs to initiate it.
Maybe this will help (I hope) I found out that a parole agent is assigned to interstate transfers for both parole and probation. Maybe he can help you:
http://www.interstatecompact.org/Directory/ContactSearch/tabid/180/ctl/ViewProfile/Default.aspx?userticket=Joc521tADvU%3d&SkinSrc=[L]Skins/ICAOS_Blue/1col

Xiu Xiu
12-12-2012, 01:34 PM
Maybe this will help (I hope) I found out that a parole agent is assigned to interstate transfers for both parole and probation. Maybe he can help you:
http://www.interstatecompact.org/Directory/ContactSearch/tabid/180/ctl/ViewProfile/Default.aspx?userticket=Joc521tADvU%3d&SkinSrc=[L]Skins/ICAOS_Blue/1col

I emailed him many many times. He won't answers. Frank Torres is a sweetheart. He can help her.

Xiu Xiu
12-12-2012, 06:25 PM
here is his email
Frank.Torres2@cdcr.ca.gov (yes the 2 is part of his email, there are 2 Frank Torres)

He is very friendly and will answer you quickly and help you out and guide you.

Annabelle
12-13-2012, 08:42 AM
THANK YOU!!!! My son called last night and gave me the name of his "county representative" so I think that means he DOES have a PO assigned to him? Anyway, I will try the county guy first and if that doesn't work, I'll contact Frank Torres. I love you ladies, you're so helpful! I'll keep you updated.

socal729
12-22-2012, 07:16 PM
I just want to share what I found out today regarding the process for interstate transfer for a PCRS release. If you are in LA County, the Alhambra probation office handles the paperwork. They require that the inmate have the counselor at the prison initiate it (if you don't want to wait until they are released). Once the inmate has signed off at the prison, the counselor submits the paperwork to whichever office in your county handles submitting it to Sacramento.

So, now I have to somehow convince an counselor at the prison to actually initiate the paperwork. I've never been successful at this before so I'm not holding my breath.

I will be in the same situation as you shortly. My son is due to be released in August so initiating paperwork should start for us in May (?)
Getting the counselor to initiate the paperwork I hear can be a hassle.
My son said he has already made it clear to her that he will be applying for interstate transfer and he was told by his counselor " I don't do that". She does do that and she will do that - I plan to be on everyone 24/7 to make sure it is done. Any tips from those who have gone through this is very much appreciated. There is no way he will be staying in California upon release, He has absolutley no where to live and I 'll be damned if he will be on the streets. Sometimes it makes me wonder ho the system can be so screwed up.

socal729
12-22-2012, 07:22 PM
THANK YOU!!!! My son called last night and gave me the name of his "county representative" so I think that means he DOES have a PO assigned to him? Anyway, I will try the county guy first and if that doesn't work, I'll contact Frank Torres. I love you ladies, you're so helpful! I'll keep you updated.


Can you tell me how and when is the "county representative" known?
How much time before my son is due to be released can he find out his PO? Would it be the PO he had before he went in for his violation? I am eager to get things rolling so it can be as smooth as possible.
Thanks!

socal729
12-22-2012, 07:27 PM
Good luck. Thankfully when my husband saw his counselor in reception he did tell them that he did want to transfer out of state. The counselor at CCI did not want to start the process, but because that box was marked she had to do it. There is a liaison that works between the counselors and the probation offices that can help you. Ill see if I can get that information for you.


My son is at CCI & tells me the same as you - counselor not wanting to start process. He most definitley marked the get out of town box - so I am hoping the counselor sees the light. If you can let me know who the liaison is for SD county because I don't want to leave any stone unturned and get the process rolling asap.
Thanks

Xiu Xiu
12-22-2012, 07:42 PM
Can you tell me how and when is the "county representative" known?
How much time before my son is due to be released can he find out his PO? Would it be the PO he had before he went in for his violation? I am eager to get things rolling so it can be as smooth as possible.
Thanks!

If your son is only in for a violation you can contact his PO and they can start the paperwork and have it sent to the facility for him to sign. Call the officer of the day say you want to talk with your sons PO and give them his cdc#. And see if he still has the same po. You can start there.

Xiu Xiu
12-22-2012, 07:44 PM
My son is at CCI & tells me the same as you - counselor not wanting to start process. He most definitley marked the get out of town box - so I am hoping the counselor sees the light. If you can let me know who the liaison is for SD county because I don't want to leave any stone unturned and get the process rolling asap.
Thanks

Ill dig up the info from my computer when I get home.

Annabelle
12-22-2012, 07:49 PM
Can you tell me how and when is the "county representative" known?
How much time before my son is due to be released can he find out his PO? Would it be the PO he had before he went in for his violation? I am eager to get things rolling so it can be as smooth as possible.
Thanks!

Well the county representative was on the paperwork given to him by his counselor with the office he was assigned to (Whittier office which is strange) - anyway when I called to speak to the "representative" said person did not work there and no one had ever heard from him.

I did email Frank Torres, he was indeed helpful and thorough in his response to me. He stated that the only way to get the ball rolling is through the counselor at the prison. My son put a request in to meet with the counselor 10 days ago, still waiting for that to happen!!! I'm hoping he calls me soon so I can find out who is counselor is and start being a worm in his/her butt!

2sleepy
12-22-2012, 09:01 PM
Well the county representative was on the paperwork given to him by his counselor with the office he was assigned to (Whittier office which is strange) - anyway when I called to speak to the "representative" said person did not work there and no one had ever heard from him.

I did email Frank Torres, he was indeed helpful and thorough in his response to me. He stated that the only way to get the ball rolling is through the counselor at the prison. My son put a request in to meet with the counselor 10 days ago, still waiting for that to happen!!! I'm hoping he calls me soon so I can find out who is counselor is and start being a worm in his/her butt!

I'm not sure if it's the same in all prisons, but my son's request to see his counselor were always ignored so he would see them on 'open call day' or something like that, whatever it is- it's one day every week or two when they can go wait in line to see them without an appointment. You can call records and ask who the counselor is, I did that before and they didn't seem to have a problem telling me.

Annabelle
12-22-2012, 09:50 PM
I'm not sure if it's the same in all prisons, but my son's request to see his counselor were always ignored so he would see them on 'open call day' or something like that, whatever it is- it's one day every week or two when they can go wait in line to see them without an appointment. You can call records and ask who the counselor is, I did that before and they didn't seem to have a problem telling me.

Thanks, I'll do that. He works all day so I don't think he can stand in line.

Keepinitreal
12-23-2012, 09:39 AM
Thanks, I'll do that. He works all day so I don't think he can stand in line.


Ladies, thank you so much for all of the information provided. I have been reading all of your posts most of the morning.

After 9 long years, my husband will be paroling in 4 months. He is currently located in AZ (CA out of state program). I am located in AZ but he caught his case in San Diego CA. We started the Interstate process in October and I have already received a call from his counselor in CA (about 2 months ago).

From what I have been reading, I guess I need to also contact Frank Torres regarding the "status" since I have not heard anything since speaking with the counselor.

Any thoughts on this? Thanks again.

socal729
12-24-2012, 04:22 PM
I'm not sure if it's the same in all prisons, but my son's request to see his counselor were always ignored so he would see them on 'open call day' or something like that, whatever it is- it's one day every week or two when they can go wait in line to see them without an appointment. You can call records and ask who the counselor is, I did that before and they didn't seem to have a problem telling me.


I can bet it is pretty much like that at all prisons - CCI is the same story as you told.
My son has put in requests to see counselor and it is pretty much ignored.
He has to repeatedly fill out a request before anyone acknowledges him.:(
He may have to do the wait in line routine - he works but it is in the evening... so hoping that may work.
I did call records and have the counselor on speed dial. If I have any issues with her I will go up the ladder. Don't want to stress out over it right now because he will not be applying for interstate transfer until end of April. My advice is to be pro active and have all your ducks in a row.

Xiu Xiu
12-27-2012, 06:15 PM
Here is the list of the county liaisons for PRCS


http://www.cdcr.ca.gov/realignment/regionaltrainingdocs/Denny/County-Liaisons.xls

buffy82
12-28-2012, 01:54 AM
Where do I even start? My husband was sentenced in Colorado and is doing his time in Colorado. Me and our 2 children were forced to move to Florida to start over. I have since bought a piece of property in the last 3 years, have a house and a car. What are the steps for him to interstate compact here? His first parole was denied and now his case manager is referring him to a boot camp type place for 6 months that almost garantes parole after 6 months so he says. If he is set to see the parole board again 7/13 what could I be doing to get a jump on the interstate compact just lost right now. What are the odds or how likely is interstate compact happen. Am I hoping for a lost cause right now.

Annabelle
12-28-2012, 08:30 AM
Here is the list of the county liaisons for PRCS


http://www.cdcr.ca.gov/realignment/regionaltrainingdocs/Denny/County-Liaisons.xls

Xiu Xiu, the link isn't working for me.

2sleepy
12-28-2012, 11:45 AM
Where do I even start? My husband was sentenced in Colorado and is doing his time in Colorado. Me and our 2 children were forced to move to Florida to start over. I have since bought a piece of property in the last 3 years, have a house and a car. What are the steps for him to interstate compact here? His first parole was denied and now his case manager is referring him to a boot camp type place for 6 months that almost garantes parole after 6 months so he says. If he is set to see the parole board again 7/13 what could I be doing to get a jump on the interstate compact just lost right now. What are the odds or how likely is interstate compact happen. Am I hoping for a lost cause right now.

He needs to talk to his counselor or case manager. I think he has to have a parole date to apply for an interstate transfer, but for the most part inmates in California know their release date, only a few are serving sentences where their release is determined by a parole board. You might want to ask this in the Colorado forum

Xiu Xiu
12-28-2012, 03:57 PM
Xiu Xiu, the link isn't working for me.
Works ok for me. Are you on a computer or phone? I'm currently on my kindle and it automatically downloaded the excel file for me..


*** ok I just logged on my computer. When you click the link it will ask you to save the file.

Annabelle
12-29-2012, 09:07 AM
Got it! I think the entire CDCR site was down when I was trying yesterday. Thank you!!

AAggghhh, Corcoran doesn't have a designation.

Xiu Xiu
12-29-2012, 10:33 AM
Got it! I think the entire CDCR site was down when I was trying yesterday. Thank you!!

AAggghhh, Corcoran doesn't have a designation.

I have another file with Sacramento names on it in charge of realignment. Ill search for it.

socal729
12-30-2012, 12:29 PM
A lot of POs have been laid off and there is a list of excludable crimes for PRCS you can find it here: http://www.cpoc.org/php/realign/cdcrinfo.php click on "excluded crimes" list and those are the crimes that are not eligible for PRCS.


Did anyone save this file http://www.cpoc.org/php/realign/cdcrinfo.php (http://www.cpoc.org/php/realign/cdcrinfo.php) as a document on the computer?
The original document has been temporarily removed for updating and will be reposted soon - note on Public Safety Realignment page
http://www.cdcr.ca.gov/realignment/AB-109-crime-exclusion-list.html

I would like to review it and when they make the link active again - I am curious as to what changes were made.
Thanks

HesMyForever
12-30-2012, 12:52 PM
I have a question....m'love is an out-of-stater, and we're hoping to be married in January. He still has 4 years left on his sentence (though, I am praying that something CDCr does to comply with the prison population reduction will bring him home much sooner)....

How early on should one begin the interstate compact process?

socal729
12-30-2012, 04:46 PM
I have a question....m'love is an out-of-stater, and we're hoping to be married in January. He still has 4 years left on his sentence (though, I am praying that something CDCr does to comply with the prison population reduction will bring him home much sooner)....

How early on should one begin the interstate compact process?



http://www.interstatecompact.org/

socal729
12-30-2012, 04:55 PM
I emailed him many many times. He won't answers. Frank Torres is a sweetheart. He can help her.

I just cheked on the ICAOS site for the complete list of contacts and Mario is the only one listed.
Commissioner and Compact Administrator is vacant
Just thought it was good to know

California Compact Staff
Vacant -CACommissioner / Compact AdministratorParole & Probation
Mario FoxCADCAParole & Probation 916-255-2781
InterstateProbation@cdcr.ca.gov;
mario.fox@cdcr.ca.gov

MRS. DMG
01-06-2013, 06:33 PM
MArgarita Perez.. her name is listed right abouve the "Block" with Mario information.

Xiu Xiu
01-06-2013, 06:48 PM
Frank works in the interstate office in Sacramento. He is pretty much the only who will help and most times answer your email the same day

MRS. DMG
01-06-2013, 07:04 PM
Frank works in the interstate office in Sacramento. He is pretty much the only who will help and most times answer your email the same day

Do you have a phone number for Frank?
Is he at the 916-255-2781?

Xiu Xiu
01-06-2013, 11:59 PM
That's the number I have for him. Although I never called him, I always emailed.

Annabelle
01-07-2013, 02:33 PM
My son has tried to see his counselor for a week now, she's never there. I've called supervisors and have left messages. One person answered the phone and said that none of the counselors are in today, that they "come and go depending on work load." Do any of these people actually WORK at the prison?? I'm so frustrated. I spoke to the Warden's secretary, she transfered me to someone who she thinks would "walk the papers over to my son." That's wishful thinking! Of course, that phone just rang and rang, no answer. We are out 37 days from release, he's going to end up homeless.

Be sure you start the process ASAP (120 days out) because it will take forever to get someone to provide the necessary papers to your inmate!

Bahia
01-07-2013, 07:14 PM
So I am completely new to being a family member to an inmate. I am getting married this year and am wondering if my mom can get any kind of supervised "leave" from IL to California? Does anybody know? She would have been locked up for less than a year.

2sleepy
01-07-2013, 10:24 PM
So I am completely new to being a family member to an inmate. I am getting married this year and am wondering if my mom can get any kind of supervised "leave" from IL to California? Does anybody know? She would have been locked up for less than a year.

You should probably ask this in the Illinois forum, the laws of that state would determine if that were possible or not

2sleepy
01-07-2013, 10:46 PM
My son has tried to see his counselor for a week now, she's never there. I've called supervisors and have left messages. One person answered the phone and said that none of the counselors are in today, that they "come and go depending on work load." Do any of these people actually WORK at the prison?? I'm so frustrated. I spoke to the Warden's secretary, she transfered me to someone who she thinks would "walk the papers over to my son." That's wishful thinking! Of course, that phone just rang and rang, no answer. We are out 37 days from release, he's going to end up homeless.

Be sure you start the process ASAP (120 days out) because it will take forever to get someone to provide the necessary papers to your inmate!

I hate to hear this, it brings back some bad memories. Every prison has a CCIII (correctional counselor supervisor) you might try them, if you just call the prison number you can ask who is in charge of correctional counselors and get their name and number

2sleepy
01-07-2013, 11:28 PM
I just remembered the person you want to talk to is not the CCIII, the title is C&PR. Each prison has one and they are in charge of all the Correctional Counselors for the prison.

Annabelle
01-08-2013, 11:11 AM
I just remembered the person you want to talk to is not the CCIII, the title is C&PR. Each prison has one and they are in charge of all the Correctional Counselors for the prison.

Yep, I've left messages for that person as well. *sigh*

2sleepy
01-08-2013, 01:22 PM
Yep, I've left messages for that person as well. *sigh*
that just sucks...have you tried emailing these people? There was an email list on the forums here from about 2 years ago, if the same personnel are working that are on that list you might try that. Basically the format of all cdcr personnel is the same: firstname.lastname@cdcr.ca.gov

Annabelle
01-10-2013, 06:25 PM
Here's a new one, the counselor gave the papers to my son, told him to fill them out and send them in himself. WTF?????????

2sleepy
01-10-2013, 06:32 PM
Here's a new one, the counselor gave the papers to my son, told him to fill them out and send them in himself. WTF?????????

oh my...that is just insane. You might try contacting the director of adult operations; kathleen.dickinson@cdcr.ca.gov (I don't have her phone #)

Annabelle
01-10-2013, 06:45 PM
I just spoke to someone in Sac, she said that she has never heard of this happening and essentially they aren't supposed to mail that stuff outside the prison system. So, now I have to call them back tomorrow and explain to them that they have to overnight the papers via GoldenState. uuugggh I already explained to them earlier today how to do all this!

Xiu Xiu
01-10-2013, 11:32 PM
It's all done electronically.

Annabelle
01-11-2013, 07:59 AM
Apparently the paperwork with the original signature requesting the transfer needs to be overnighted to Sac. When I spoke to the counselor yesterday, I explained to them how to do it and how it all works (electronically). They seem to be confused saying it takes 120 days, they don't understand that the 120 days means that is when an inmate can begin the process. I told them that once Sac submits it to the receiving state, the receiving state has 45 days. I also explained that if they think it takes 120 days, they should start the paperwork immediately so that he's homeless a little less longer. They just don't want to do their job. I'm going to be making some more calls today to the Supervisor (who never answers) and again, to the Warden's secretary. If I refused to do my job properly, I'd be fired. This infuriates me!

2sleepy
01-11-2013, 11:47 AM
Apparently the paperwork with the original signature requesting the transfer needs to be overnighted to Sac. When I spoke to the counselor yesterday, I explained to them how to do it and how it all works (electronically). They seem to be confused saying it takes 120 days, they don't understand that the 120 days means that is when an inmate can begin the process. I told them that once Sac submits it to the receiving state, the receiving state has 45 days. I also explained that if they think it takes 120 days, they should start the paperwork immediately so that he's homeless a little less longer. They just don't want to do their job. I'm going to be making some more calls today to the Supervisor (who never answers) and again, to the Warden's secretary. If I refused to do my job properly, I'd be fired. This infuriates me!
The way it was explained to me, by a nice man who works for ICAOS is that for some unknown reason, CDCR has decided not to allow correctional counselors in the prisons to input the data electronically. If they were able to do that, it would take about a month off the process. So, what happens is the CC fills out the paperwork, overnights it to Sacramento where it is reviewed for accuracy and then entered into the computer. With a lot of pushing and begging once my son's paperwork finally got to Sacramento it took about a month for it to get transmitted to Nevada. Once it got to Nevada it took two weeks for the parole agent to come to my house. After he left my house it took him 3 weeks sign off on the transfer. When I called him and asked him about it, he said "we have 45 days, it's only been 42 days". In the meantime my son found a place to live in California and turned down the transfer.

Xiu Xiu
01-11-2013, 11:53 AM
He needs to sign the paperwork then it's scanned in and sent via electronic message via ICOS.

Just keep bugging them. Email them all daily. One will get tired if you and break. Either way have your son full out the paperwork and send to his PO. Maybe the PO can start it on their end as well. The main thing here is his signature.

2sleepy
01-11-2013, 12:14 PM
He needs to sign the paperwork then it's scanned in and sent via electronic message via ICOS.

Just keep bugging them. Email them all daily. One will get tired if you and break. Either way have your son full out the paperwork and send to his PO. Maybe the PO can start it on their end as well. The main thing here is his signature.
I wasn't aware that they had started scanning the paperwork and transmitting it, that's good info, it used to be all done on paper and overnight mail

Annabelle
01-11-2013, 01:13 PM
I talked to the person in charge of sending it to Sacramento at the prison (Warden's secretary gave me the name and number). He was very nice and helpful and has assured me that he will do what he can to get the paperwork from my son today and have it overnighted to Sac. He explained to me that it gets overnighted just as 2Sleepy said. He also said that he will call me once the process is complete. Finally, someone who is willing to be accountable! I'm still not holding my breath but he seemed to be very sympathetic and understanding about our situation.

Xiu Xiu
01-11-2013, 04:03 PM
Glad you got that taken care of hopefully. My husbands paperwork has always been faxed to the PO then imputed in ICOAS as an attachment and sent to Sacramento, for the exception of the one in 2004. Either way glad you finally have someone helping you with this.

socal729
01-11-2013, 07:19 PM
I talked to the person in charge of sending it to Sacramento at the prison (Warden's secretary gave me the name and number). He was very nice and helpful and has assured me that he will do what he can to get the paperwork from my son today and have it overnighted to Sac. He explained to me that it gets overnighted just as 2Sleepy said. He also said that he will call me once the process is complete. Finally, someone who is willing to be accountable! I'm still not holding my breath but he seemed to be very sympathetic and understanding about our situation.

Please let us know the the outcome and any more bumps along the way.
I will be going through this same process very soon and any help is very much appreciated. :grouphug:

Annabelle
01-14-2013, 05:28 PM
My advice, stay on them until they are sick of you, call supervisors if you must. Today the supervisor called to let me know they have the papers from my son, asked a few questions to complete the request and it is being sent to Sacramento, HURRAY!!!!!!

socal729
01-16-2013, 06:32 PM
My advice, stay on them until they are sick of you, call supervisors if you must. Today the supervisor called to let me know they have the papers from my son, asked a few questions to complete the request and it is being sent to Sacramento, HURRAY!!!!!!


Question?
My son just called me to say he saw his counselor today and she told him I need to write her a letter stating he will be staying with me and be supported by me until he gets on his feet. Absolutely I can do that!
She also told him he needs a letter stating he has a job offer ... HUH?
I called the ICAOS and they said it is not a rule that he needs a job offer in order for paperwork to be started. My son said "yeah but that is her rule". Has anyone heard this before? I don't want to call his counselor and tell her what ICAOS said because I know it will make things harder for my son. I can certainly write him a job offer letter but ... then what?
I have no problem getting letters of support from family friends and others in the community but a job offer? It is hard enough for them to secure a job on their own when they are released but to get an offer while still in prison 3000 miles away from where he will be returning to - is another story.
Just wondering if anyone had this same experience and how to handle it.

2sleepy
01-16-2013, 07:23 PM
never ran into that, you might just ask ICAOS to contact her, if they won't maybe someone from the California interstate transfer office will do so.

Xiu Xiu
01-17-2013, 12:39 PM
I wrote a letter as well as my family. They did day if he has a job waiting that we can submit that too. But it's not required. We do own a family business so in the letters from my family they stated that they will help with a job if he needed it. However, that was this last transfer. We've done 3 transfers total ( only 2 we completed) and the first two a letter for job offer was not needed. It sounds as if the counselor is a bit confused.

If you can get an email from ICOAS or even Mario or Frank from Sacramentos Transfer office stating that I would reply and forward it to the counselor as well.

Annabelle
01-17-2013, 04:27 PM
Frank's email kicks back now, I wonder if he's still there? A few weeks ago he responded to my email and then I emailed him again the other day and it was kicked.

The counselor asked me if my son had a job lined up, I told her "no but there are a few prospects" and I told her that I was willing to support him financially and that was all they needed.

socal729
01-17-2013, 04:44 PM
Frank's email kicks back now, I wonder if he's still there? A few weeks ago he responded to my email and then I emailed him again the other day and it was kicked.

The counselor asked me if my son had a job lined up, I told her "no but there are a few prospects" and I told her that I was willing to support him financially and that was all they needed.

I checked the ICAOS website a few weeks ago and saw Frank's contact information was no longer listed.
Commissioner/Compact Administrator is listed as VACANT
Parole DCA contact is listed as Mario Fox 916.255.2781 mario.fox@cdcr.gov
I emailed with a question on 10.29.12 and Margarita Perez asked Frank or Mario to answer me. Mario Fox answered my question.
Sometime after October Frank's contact information was removed.
I will send my question to Mario and Margarita and see what their reply is concerning employment. I don't see how they expect a corporation to say "yes I will hire him when he gets here - when ever that may be".
I believe the counselor is just not trained on the interstate process or is just being a jerk.

Annabelle
01-17-2013, 08:13 PM
None of them are really trained on it, the counselor told my son "the only reason we did this is because your mom has made a bunch of phone calls and is causing waves" to which he replied, "my mom wants me to be able to go home." Geez, what's it to them, anyway?

When I called the probation office (AB109), the girl said they had all just been trained on interstate compact transfers and they seemed to be pretty well informed.

socal729
01-21-2013, 04:26 PM
None of them are really trained on it, the counselor told my son "the only reason we did this is because your mom has made a bunch of phone calls and is causing waves" to which he replied, "my mom wants me to be able to go home." Geez, what's it to them, anyway?

When I called the probation office (AB109), the girl said they had all just been trained on interstate compact transfers and they seemed to be pretty well informed.

Mario Fox replied to my email very promptly I might add and he said
Please be advised that, generally speaking, proof of secured employment is not necessary unless the case is an “Employment Transfer” wherein the offender’s employer is transferring the offender, and the offender must comply or lose employment. Note however, that it is difficult for me to answer specific questions without reviewing the Transfer Packet received by the counselor. In order to ensure that there is no unnecessary delay---you may request that his counselor contact me directly.
I explained to him if he was referring to application packet for transfer that would not be done until April as my son is released in August. I did send him the counselor's anme as well as her supervisor.
My son also told me that when he asked her direct questions about PRCS and parole she said she was very unsure about how that would be worked out. :hmm:
When Mario replies I will keep everyone informed so it makes it easier for the next person.
Annabelle - how is the transfer for your son progressing?

Annabelle
01-23-2013, 08:59 AM
Update for SoCal -- Yesterday I contacted Colorado and they told me they have not received the transfer request (responded in 10 minutes, very helpful), I then called Sacramento and the less than pleasant lady told me that because I am not law enforcement, she can't give me any information. So I asked her "generally, when you receive the request how long does it take you to transmit to the receiving state?" She told me that she does it immediately. So I told her that she received the request last Tuesday and Colorado still doesn't have it. She became even more angry at me and basically hung up on me.

I have an email in to Mario Fox now. Hopefully, he will respond.

Dealing with some of these people is a nightmare. They don't know how to be nice and to them this is just "paper work" instead of seeing it as dealing with a HUMAN.

socal729
01-29-2013, 04:35 PM
Update for SoCal -- Yesterday I contacted Colorado and they told me they have not received the transfer request (responded in 10 minutes, very helpful), I then called Sacramento and the less than pleasant lady told me that because I am not law enforcement, she can't give me any information. So I asked her "generally, when you receive the request how long does it take you to transmit to the receiving state?" She told me that she does it immediately. So I told her that she received the request last Tuesday and Colorado still doesn't have it. She became even more angry at me and basically hung up on me.

I have an email in to Mario Fox now. Hopefully, he will respond.

Dealing with some of these people is a nightmare. They don't know how to be nice and to them this is just "paper work" instead of seeing it as dealing with a HUMAN.


Really appreciate your update - even though your call was unproductive.
I always try to be nice and sometimes receive a nice response but more often than not from CA offices I have come across the same nightmare as you. Let me know if Mario helped you. From what I have read the process of sending the papers from CA to receiving state is done electronically and YES it should be there immediately - IF it was sent.
I have also read horror stories about CA dragging their feet.
I know the receiving state has 45 days to finalize the process - I just hope it does not take that long for you and for me.
I cannot even begin to think about our sons living on the streets in a state they do not want to be in.

Annabelle
01-29-2013, 04:42 PM
Mario emailed back and said that they have no record of receiving the transfer packet. I called the Counselor at the prison and he said he has the tracking number for GSO and he's going to find out who signed for it. He's supposed to call me back.

It just never ends.

MRS. DMG
02-02-2013, 09:23 PM
Okay I am pounding my head in fustration, we signed and confirmed the original paperwork to start the interstate compact process in December. I asked that he "speed up" the process because we were going to court to fight CDC in calculations of pre sentence credits, of course he told me that he could not process till we were down under 120 days and the court order was signed. Now we have court order signed and he is not answering the phone!!! Texas is willing to move quickly as I have been in touch with them here. My question is if they dont get the interstate compact done what is the possibility of my husband getting a travel pass upon release? He was never a resident of California. We dont have any family in CA and I would like to get him home ASAP of course, but I dont know if and when he will be able to come home.. I did email Mario fox tonight as stated in the previous post.

Xiu Xiu
02-02-2013, 09:47 PM
No travel passes while awaiting approval unless he was a resident of Texas when he was in California visiting when he was sentenced. If you can not prove that he never lived in California he will have to stay in California until the request is approved.

MRS. DMG
02-03-2013, 10:03 AM
It will be easy to prove he was never a resident of California, we were from Minnesota at the time of his arrest on initial charge and he was was extradited back to CA to serve his sentence. While doing his time I moved to California, and to Texas to ensure visits when he was in CA and AZ and then to Texas when he went to Ok. We married IN texas by Proxy. Can he get the travel pass to texas instead of Minesota? Since his wife and children are in Texas?

2sleepy
02-03-2013, 05:56 PM
It will be easy to prove he was never a resident of California, we were from Minnesota at the time of his arrest on initial charge and he was was extradited back to CA to serve his sentence. While doing his time I moved to California, and to Texas to ensure visits when he was in CA and AZ and then to Texas when he went to Ok. We married IN texas by Proxy. Can he get the travel pass to texas instead of Minesota? Since his wife and children are in Texas?

I sent you a PM about this, but as far as I can tell, he can only get expedited travel and a 7 day pass back to the state which he was a resident of when he was arrested, but there is a forum you can register for and ask that question directly to the administrator of ICAOS: http://www.interstatecompact.org/Forums.aspx

Annabelle
02-05-2013, 02:34 PM
An update on our journey and I will try not to use cuss words.

If your inmate is being released on PRCS, Sacramento Interstate Compact office will NOT process the packet and transmit it to the receiving state. You will need to have the prison forward the packet to the office in your jurisidction that handles it, in Los Angeles, the office is the Alhambra probation office.

The nice peach of a lady in Sac told me that the probation interstate offices handle the remittance to the receiving state on their own system (although I was told they submit it to Sac for processing).

So now we will have to begin from point A when he is released and find him a cozy freeway under-ramp to set up a tent.

socal729
02-05-2013, 04:34 PM
An update on our journey and I will try not to use cuss words.

If your inmate is being released on PRCS, Sacramento Interstate Compact office will NOT process the packet and transmit it to the receiving state. You will need to have the prison forward the packet to the office in your jurisidction that handles it, in Los Angeles, the office is the Alhambra probation office.

The nice peach of a lady in Sac told me that the probation interstate offices handle the remittance to the receiving state on their own system (although I was told they submit it to Sac for processing).

So now we will have to begin from point A when he is released and find him a cozy freeway under-ramp to set up a tent.


Why the F don't they tell us that before hand? :faints:
Is that tidbit anywhere on the ICAOS site? OMG - OK so your son will be released on PRCS? Fill me in on the criteria because I may just be going down that route and I want to use my recent hot tip from you to get ahead of the game - if that is possible! PM me the guidelines they went by to determine PRCS release. At least any restitution will not have to be paid in full before transfer :D

Xiu Xiu
02-05-2013, 06:15 PM
Wow it doesn't surprise me that they keep giving you the run around. But to be honest we did 2 transfers out of Cali on parole and 1 on PRCS and it was the same people in Sacramento that I dealt with while doing the parole transfers. CDCr employees and their complete process and lack of ethics and emotions is uncalled for. I guess the number one prerequisite is not to have a soul. I don't know how these employees live with themselves. I was happy when the layoffs started for many reasons. This one is one of them

Annabelle
02-05-2013, 06:33 PM
Why the F don't they tell us that before hand? :faints:
Is that tidbit anywhere on the ICAOS site? OMG - OK so your son will be released on PRCS? Fill me in on the criteria because I may just be going down that route and I want to use my recent hot tip from you to get ahead of the game - if that is possible! PM me the guidelines they went by to determine PRCS release. At least any restitution will not have to be paid in full before transfer :D

Well, I was actually surprised they are releasing him on PRCS, the way I read the requirements, he didn't seem to qualify. So, it's just like anything else these people do, none of it makes any sense.

Annabelle
02-05-2013, 06:37 PM
Wow it doesn't surprise me that they keep giving you the run around. But to be honest we did 2 transfers out of Cali on parole and 1 on PRCS and it was the same people in Sacramento that I dealt with while doing the parole transfers. CDCr employees and their complete process and lack of ethics and emotions is uncalled for. I guess the number one prerequisite is not to have a soul. I don't know how these employees live with themselves. I was happy when the layoffs started for many reasons. This one is one of them

I am super grateful to the two people at the prison that went above and beyond to figure out what was happening. The peach in Sac would make my blood boil everytime I talked to her. I just don't understand why some people think being nice is a weakness. I suppose it's just paper and not a human life, and even if they did consider it a human life, it's just another inmate who doesn't deserve a chance in the real world. :hmm:

Xiu Xiu
02-05-2013, 06:47 PM
Annabelle the good thing is that if he will be homeless and there are friends or family elsewhere in Cali they will give him a travel pass for 30 days. Probation is a little less strict on that.

Annabelle
02-05-2013, 07:05 PM
Yes, I just got off the phone with a lady in the Alhambra office and she said it is likely the probation officer will request reporting instructions so he can return to Colorado while the transfer is being processed. I don't want to get my hopes up though because NOTHING ever goes the way it should.

Xiu Xiu
02-05-2013, 08:13 PM
They will not give out reporting instructions or travel pass out of California while the approval is pending. It's in the Interstate Compact Transfer Regulations. They used to but in 2009 it changed.

2sleepy
02-06-2013, 01:11 PM
Xiu Xiu is right, the only way you can get reporting instructions early, or an expedited transfer is if you were a resident of the receiving state when you were arrested in California, unfortunately they don't make any exceptions to that.

Annabelle
02-06-2013, 02:39 PM
Technically he was and then he was released and stayed out there while on parole and then was arrested again. I'm going to plead my case and cry if I have to.

2sleepy
02-06-2013, 06:07 PM
It's probably going to come down to what address he gave when he was arrested. I guess you could refute that if there is mail going to an out of state address during that time, or if he had a lease or any kind of legal obligation for property out of state. I've talked to people before who have tried to substantiate that they lived out of state and it usually comes down to the state saying that all that matter is the address given at booking.

Xiu Xiu
02-06-2013, 06:14 PM
I agree with 2Sleepy. Also I think in California, been awhile since I left so I could be wrong, that if you stay longer than 60 days in Cali or have any kind of mail to a resident you are then considered a California resident.

Annabelle
02-06-2013, 08:25 PM
Well, I can try, I have his school records, doctor records, W2s, the only reason he was in California was for his spring break in 2009 and was arrested during that "vacation" and then he was stuck out there on parole (that's where it gets sticky) but I will try to plead my case that the only reason he was stuck out there was because of parole, and then was arrested again. He left home barely 18 and he's almost 22, my son needs to come home. He has no business being out there and if he's ever going to get out of this cycle he's in, getting him out of there ASAP is the best thing for him. I just hope I can get them to see it my way.

imisshim05
02-16-2013, 10:56 AM
I need help....
So my husbands in Centinela prison. He comes home in august.i just got a letter saying he signed some parole papers. He asked his counselor about transferring his prole to nevada and she says shes not the one who handles that paperwork. Who can I speak to because unless they changed the process I think she just doesnt feel like working

2sleepy
02-16-2013, 01:54 PM
Who is he going to live with in Nevada? They aren't going to let him transfer there unless he has immediate family or a wife there. If he has family there, he can apply for the transfer 120 days before he gets out of prison. They will not start it sooner. If he is going to be on PRCS rather than state parole, it gets more complicated about who does the paperwork but there should be some folks on this forum who know tell you how that works. If he is going to be on regular parole, then the counselor is 'supposed to' start the paperwork, but they frequently refuse to do so. When he gets closer to 120 days, have him ask again, if the counselor still refuses, you can contact the CDCR folks in charge of the interstate transfer program. The contact information has already been posted in other threads in this forum, I don't have it right now or I would post it for you

Annabelle
02-17-2013, 10:51 AM
When he goes to sign his parole plan, make sure that he puts the Nevada address as the place he will reside. If he's on PRCS, the probation office is MUCH more helpful and friendly and they will get the paperwork done the second day he's out. I would tell you all the ins and outs of the PRCS but unless you know he will be released to probation or parole, it's a little different the way the transfer request is handled.

socal729
03-17-2013, 03:43 PM
We did our out if state transfer this past July. The process is the same. My husband is on PRCS and the only difference is that restitution does NOT have to be paid in full to be able to transfer. He can ask his counselor to start the process 120 days prior to his release. It is done all electronic now so the process is much faster. My husbands transfer was approved in 8 days. The hardest part is having the counselor start it while inside. Have all the paperwork ready and send to your LO. A letter for possible employment, a letter from you stating that you are willing to support him financial if necessary, a letter from anyone else in your home stating that they are aware of his crimes and that they are ok with him living in the home and support letters from friends and family in the state he wants to move to. They will ask for all of that but having it ready will speed up the process. She can start it just doesn't want to. You can also do what I did. I emailed the counselor, counselors supervisor and the PO all in one email. That seemed to help. The PO told the counselor to get my husbands signature and send it over and he PO started the paperwork.

I know your post is from last year but I am looking for any and all LEGAL information I can get my hands on pertaining to PRCS and restitution.
I noticed you mentioned the only difference between parole and PRCS in regards to interstate transfer is restitution does not have to be paid in full in order to qualify for interstate transfer. I am looking for the CA legal docs that speaks to this change.
Can anyone give me the information that speaks to this in particular?
Thanks

2sleepy
03-18-2013, 12:47 AM
I know your post is from last year but I am looking for any and all LEGAL information I can get my hands on pertaining to PRCS and restitution.
I noticed you mentioned the only difference between parole and PRCS in regards to interstate transfer is restitution does not have to be paid in full in order to qualify for interstate transfer. I am looking for the CA legal docs that speaks to this change.
Can anyone give me the information that speaks to this in particular?
Thanks

Xiu Xiu should have the source for that, it looks like she originally posted it in this thread: http://www.prisontalk.com/forums/showthread.php?t=603774

socal729
03-22-2013, 07:16 PM
Question for anyone going through or have just gone through PRCS and interstate transfer ... just how long does it take when on PRCS vs parole?
I am trying to get a handle on all of this and need some solid good information.
I am finding out from the restitution office in Sacramento that rules are a bit different but no one seems to know the complete story. Does the counselor complete paperwork and send to probation officer and the probation officer takes over from there? That is what the restitution office told me - which by the way was the most helpful place for information I was looking for. They pointed me in the direction of the Penal Code that speaks to PRCS in particular. PC 3450-3465.
Does the counselor know who my son's PO will be 5 months before his release?
If so I would like to speak to the PO so I can get some outline of how the process will flow. My son says he is not very secure in kowing his counselor will file things in a timely manner if at all. This is so stressful knowing my son could be homeless in 5 months ... and for no good reason. Thanks for any help

Xiu Xiu
03-22-2013, 07:56 PM
The process is the same. The only difference is restitution. The counselor has the inmate sign the papers and sends it to the PO ( via email or fax) then the PO sends the request electronically to Sacramento followed by the original papers via snail mail.

Annabelle
03-22-2013, 08:09 PM
My son's transfer request was submitted February 21st and has been finalized, he comes home on Sunday. FINALLY!

socal729
03-23-2013, 09:44 AM
The process is the same. The only difference is restitution. The counselor has the inmate sign the papers and sends it to the PO ( via email or fax) then the PO sends the request electronically to Sacramento followed by the original papers via snail mail.


So... my son's counselor had him sign the papers and had me send her a statement saying I will financially support him until he finds employment along with my address etc etc and I am to assume this has been all sent to his PO? And the PO has sent it to Sacramento?
I called Sacramento yesterday and no information has reached their database yet.
Am I able to find out the name of my son's PO? I know I can call the PO office and ask but will they tell me along with any information I might ask them OR is it all a "closed door" thing?
If this has been all started (?) 5 months prior to his release then one would assume there would be NO reason to have him living in CA homeless when he gets out?? or is that too much to hope for?
When a family is ready willing and fully able to have their son move back to his home state to better succeed - I don't get the snail's pace at which CDCR moves!

socal729
05-12-2013, 06:10 PM
The process is the same. The only difference is restitution. The counselor has the inmate sign the papers and sends it to the PO ( via email or fax) then the PO sends the request electronically to Sacramento followed by the original papers via snail mail.

I wish I could find someone who know the definitive answers concerning restitution,inter state transfer and PRCS.
My son is due to be released in August on PRCS and his counselor started the interstate transfer paperwork about 2 weeks ago.
She spoke to me and then had him sign the transfer papers. Not a word about restitution. Then the next day she meets with him to tell him he has been denied because his restitution has not been paid in full. She never mentioned that to me when I talked to her nor did she discuss this with my son before he signed the papers. When I called Sacramento they said it was all up to probation if they wanted it to be paid in full before he left California. Yet she is saying otherwise.
Has anyone gone through this scenario?
Guess I will have to call her tomorrow and hope I can get through.
I am thinking it would be best for me to touch base with probation and get their take on it.
Why does everything have to be so difficult???!

Xiu Xiu
05-13-2013, 12:49 AM
I wish I could find someone who know the definitive answers concerning restitution,inter state transfer and PRCS.
My son is due to be released in August on PRCS and his counselor started the interstate transfer paperwork about 2 weeks ago.
She spoke to me and then had him sign the transfer papers. Not a word about restitution. Then the next day she meets with him to tell him he has been denied because his restitution has not been paid in full. She never mentioned that to me when I talked to her nor did she discuss this with my son before he signed the papers. When I called Sacramento they said it was all up to probation if they wanted it to be paid in full before he left California. Yet she is saying otherwise.
Has anyone gone through this scenario?
Guess I will have to call her tomorrow and hope I can get through.
I am thinking it would be best for me to touch base with probation and get their take on it.
Why does everything have to be so difficult???!

It's posted in the manual in the adult interstate compact website. I'd link it and email it to both of them. Also their supervisor. Trust me I had to educate most of them about the rules, policies and their job.

Xiu Xiu
05-13-2013, 12:50 AM
I wish I could find someone who know the definitive answers concerning restitution,inter state transfer and PRCS.
My son is due to be released in August on PRCS and his counselor started the interstate transfer paperwork about 2 weeks ago.
She spoke to me and then had him sign the transfer papers. Not a word about restitution. Then the next day she meets with him to tell him he has been denied because his restitution has not been paid in full. She never mentioned that to me when I talked to her nor did she discuss this with my son before he signed the papers. When I called Sacramento they said it was all up to probation if they wanted it to be paid in full before he left California. Yet she is saying otherwise.
Has anyone gone through this scenario?
Guess I will have to call her tomorrow and hope I can get through.
I am thinking it would be best for me to touch base with probation and get their take on it.
Why does everything have to be so difficult???!

Also if memory serves me right, it's also in their training PowerPoint. Ill look for the links for you tomorrow.

socal729
05-14-2013, 07:09 PM
Also if memory serves me right, it's also in their training PowerPoint. Ill look for the links for you tomorrow.

I spoke to my son's counselor again and she said probation and parole and interstate transfers are all the same when it comes to restitution being paid off.
I spoke to someone at the restitution office in Sacramento and she steered me in the direction of PC3450

Per this Act, under PC 3450, Offenders released from custody are termed Post-Release Community Supervision (PRCS) offenders. As such, they are under the supervision of local probation Departments and no longer under the jurisdiction of Parole. However, for purposes of the Interstate Compact---when the PO submits the Transfer Packet for a PRCS case, the PO shall select “Parole” when determining the “Type of Supervision” on the Transfer Request form. Additionally, PRCS cases are not subject to restitution issues as initially thought under PC 11177.2 (a). Therefore, outstanding restitution issues should not be used as a legal criteria for preventing a PRCS case from transferring supervision cases out of California.

Although the penal code states restitution issues should not be used as a legal criteria ... she said when she forwarded the signed transfer packet it came back as rejected because the restitution was not paid in full.
So if paying the restitution is a sticking point - I need to know how I can pay off my son's restitution ASAP in the fastest way possible so his counselor can move the transfer process along. Does anyone know where the restitution gets sent to JPAY? directly to CCI/accounting? and what is the fastest and best method?

Xiu Xiu
05-15-2013, 04:57 PM
I spoke to my son's counselor again and she said probation and parole and interstate transfers are all the same when it comes to restitution being paid off.
I spoke to someone at the restitution office in Sacramento and she steered me in the direction of PC3450

Per this Act, under PC 3450, Offenders released from custody are termed Post-Release Community Supervision (PRCS) offenders. As such, they are under the supervision of local probation Departments and no longer under the jurisdiction of Parole. However, for purposes of the Interstate Compact---when the PO submits the Transfer Packet for a PRCS case, the PO shall select “Parole” when determining the “Type of Supervision” on the Transfer Request form. Additionally, PRCS cases are not subject to restitution issues as initially thought under PC 11177.2 (a). Therefore, outstanding restitution issues should not be used as a legal criteria for preventing a PRCS case from transferring supervision cases out of California.

Although the penal code states restitution issues should not be used as a legal criteria ... she said when she forwarded the signed transfer packet it came back as rejected because the restitution was not paid in full.
So if paying the restitution is a sticking point - I need to know how I can pay off my son's restitution ASAP in the fastest way possible so his counselor can move the transfer process along. Does anyone know where the restitution gets sent to JPAY? directly to CCI/accounting? and what is the fastest and best method?

All Jpay payments go to Sacramento to be processed no the facilities.

imisshim05
05-16-2013, 11:30 PM
Hi my husband is in centinela state prison. He spoke to his counselor 4/30/13 he put in a request for a tranfer to nevada. The counselor hasnt called me to verify any info. Or to have me send in any info. BHe went to a parole board meeting today and he was told they have no info that he was wanting to be transferred. So im not sure what to do. He says when he asked her she says he just has to wait on a response. How do I find out who her supervisor is. Also who do I speak to in sacremento

2sleepy
06-20-2013, 07:19 PM
I am beyond fustrated. So my husbands counselor after two months finally says that she sent in his request for a transfer. We are down to two months and mario fox says that they do not have the paer work. Im ready to say eff it and just wait until he comes home and paroles homeless and then try again. Ughhh!!!!! Just needed to vent :(

I'm not sure when they sent the paperwork, maybe you can give it a few days and check again? If it's not there- call the warden's office and see if they will help you.

socal729
06-22-2013, 04:18 PM
All Jpay payments go to Sacramento to be processed no the facilities.

If restitution is being paid in full - the payment can be made to the accounting office of the facility then the payment is sent on to Sacramento. JPAY does not accept full payments for restitution in one lump payment that are in excess of $500 at one time.
So if you owe more than $500 and it needs to be paid off ASAP-JPAY is not cutting it.
Also payments can only be made every so many days.
If there is an interstate transfer in the mix the counselors will know ASAP the restitution has been paid off quicker than waiting for Sacramento to let them know. It is easier to contact the accounting office in the same facility than to wait 30 days to hear from Sacramento. By the time the docs are prepared the money order/bank check will have cleared. It is silly to have to wait 30 days for a money order or bank check to clear when funds are fully guaranteed. I questioned that also and was told that is the rule.
Even though some have said restitution does not have to be paid in full in order to process interstate transfer docs - I found fighting city hall is hard from so far away and in order to move things along faster restitution needs to paid in full. My son will be out in a few months and I don't want anything holding up his return to the east coast.
Best thing we can see is California in the rear view mirror.

socal729
07-22-2013, 06:07 PM
Here is the list of the county liaisons for PRCS


http://www.cdcr.ca.gov/realignment/regionaltrainingdocs/Denny/County-Liaisons.xls


While searching around for specific answers to PRCS and Interstate Transfer I came across this post and I am not sure where I begin. I assume I would contact the person associated with facility my son is at?
What is this peron suppossed to do and what should I expect he would do regarding sorting out the messy interstate and PRCS fiasco.
ICAOS is helping out a great deal but I figured I could use all the help I could muster up. Can you let me know if you conatcted any of these people and what is the scope of their authority?
Thanks

socal729
07-27-2013, 08:33 AM
Wow it doesn't surprise me that they keep giving you the run around. But to be honest we did 2 transfers out of Cali on parole and 1 on PRCS and it was the same people in Sacramento that I dealt with while doing the parole transfers. CDCr employees and their complete process and lack of ethics and emotions is uncalled for. I guess the number one prerequisite is not to have a soul. I don't know how these employees live with themselves. I was happy when the layoffs started for many reasons. This one is one of them

What county was your transfer out of California on PRCS handled through?
Curious because I was told every county in California is different when requesting interstate transfers when released PRCS.
My luck SD county does not do interstate transfers at this point in time.
They will do county transfer though. I don't understand the decision making behind that one but then again not much of anything makes sense anymore. Why do some counties transfer and some don't :hmm: