higrl
12-17-2004, 03:17 PM
My son is on probation in the state of CA. I need help finding out if he is able to leave the state to move back home to Hawaii where he should be near his family and his grandma who has a terminal illness. We don' know how to go about finding out these things.
busman
12-17-2004, 03:29 PM
Contact his po or hire an attorney. I'd ask the ayyorney personally. Maybe there's a way.
Slainte
12-17-2004, 05:01 PM
Moved to California... perhaps someone there can help you with some information.
Slainte
lovinhimstill
12-17-2004, 06:09 PM
I think he may need to speak with his p.o, have him explain the situation about his grandmother. I'm not sure but i did an internship with a probation officer and if i remember correctly she said that they (the probation department) has to get permission from the state of Hawaii to see if they will allow him to live there. You or he should contact his p.o and see what they say. Hope it works out for you
California Sunshine
12-17-2004, 07:27 PM
I'd say defenitly check with his PO first about a transfer
crstdrvn
12-18-2004, 10:33 AM
Talk with the PO.
But just a warning, you have to pay all restitution/fines in full before you can transfer out of state.
Let us know what you find out.
California Sunshine
12-19-2004, 08:03 PM
Found this online at http://www.corr.ca.gov/regulationspolicies/PDF/DOM/00_dept_ops_maunal.pdf
PAROLE OPERATIONS
ARTICLE 1 — RELEASE PROCEDURES AND CONDITIONS OF PAROLE
All inmates shall be paroled to the county of commitment unless the case complies with an exception criteria. County of commitment is the county where the
crime for which the parolee was committed occurred, except for crimes committed in prison. Commitments to prison for an in-custody (prison) felony shall not
be used as the basis for determining the county of commitment. If the parolee has been discharged from all previous terms, consideration shall be given to
placement in another, more appropriate county in accordance with exception criteria. An inmate may be paroled to another county if it would be in the best
interest of the public and of the parolee. The reasons for parole to another county shall be specified in writing in the parolee's C-File.
Another County
The following factors shall be considered in determining if parole to another county is justified:
• The need to protect the life or safety of a victim, the parolee, a witness or any other person.
• Public concern that would reduce the chance that the individual's parole would be successfully completed.
• The verified existence of a work offer, or an educational or vocational training program in another county that encompasses the following:
• Permanent employment that will enable parolee to be financially self-sufficient. (Minimum wage jobs, such as busboy or short-term jobs
such as cannery worker, are not self-supporting or of sufficient duration to qualify.)
• Training or educational program that will: be full time; materially upgrade the parolee's employment skills or educational level and thus
substantially improve employability; and will provide sufficient funds to preclude the parolee from relying on welfare, CDC cash assistance or
similar programs.
• The last legal residence of the parolee having been in another county.
• The existence of family in another county with whom the parolee has maintained strong ties and whose support would increase the chance that parole
would be successfully completed.
• Family members are defined as the parolee's legal spouse, natural parents; adoptive parents, if the adoption occurred and a family
relationship existed prior to the parolee's incarceration; step-parents or foster parents; grandparents; brothers and sisters; the parolee's natural and
adoptive children; step-children or grandchildren. Aunts, uncles and cousins are not considered as immediate family members unless a bonafide
foster relationship exists.
• The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to PC 2960.
• An inmate who is released on parole shall not be returned to within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as
defined in paragraphs (1) to (7) inclusive of subdivision (c) of PC 667.5 and any, felony in which the defendant inflicts great bodily injury on any person
other than an accomplice which has been charged and proved as provided for in PC 12022.7 or 12022.9, if the victim or witness has requested additional
distance in the placemeny of the inmate on parole, and if the BPT or the P&CSD finds that there is a need to protect the life, safety or well-being of a
victim or witness.
• Preparole referrals for out of state placement shall not be made unless the inmate is a resident of the other state or has relatives in the receiving state and it
is clear that the inmate will be self-supporting.
4ever friend
12-20-2004, 08:29 PM
Besides the restitution having to be paid in full, the receiving state has to agree to transfer the parole. This is a difficult process. We tried for 6 years. We were within 3 weeks of getting everything approved and he was in the wrong place at the wrong time and we are back where we started. Seems like it's easier to get someone out of a foriegn country than CA.; at least the embassy would be helping. Good luck and kee at it.
higrl
12-22-2004, 11:26 PM
Just wanted to let everyone know that I have contacted my son's po and found out that he is able to move back home, but the process will be at least 3 to 6 months. So, we are going to start the paperwork a.s.a.p. To all who have replied much mahalo's to you. I am so glad that I found this site. You all are there to help out which is great!
As far as this message goes I sure hope that I am responding in the right section. Don' know much about how to reply or respond to messages.
Well, again mahalo for your encouragements and Mele Kalikimaka (Merry Christmas) to you all.
California Sunshine
12-23-2004, 06:29 PM
Great news! Glad he gets to come home!
NoAirMan
06-04-2008, 03:08 PM
Can I take his place? I mean, I'll go on probation if the state of Hawaii will ship me there. ... Just a thought, excuse me.