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  #1651  
Old 09-15-2016, 11:06 AM
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I was just married two weeks ago and my husband is on parole for 3 more years. We live in PA where he is from (I moved here two years ago for a job and met him here). I am originally from Montana and all of my family is there. We would like to move to Montana next summer, so my question is - do I have to move there first and live there for six months before he can put in for a transfer? I thought I read somewhere that resident family in the receiving state has to be there for at least six months or am I wrong about that? Would my family there, his in-laws, count as resident family there already?
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  #1652  
Old 09-15-2016, 04:40 PM
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Welcome to Prison Talk. Have him ask his PA PO how to apply for an IC transfer to Montana. Once your plans are set, file the application right away and see what Montana has to say.

There are mandatory, and discretionary IC transfers, so see if he can qualify for a mandatory one.
http://www.interstatecompact.org/Leg.../Rule3101.aspx
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  #1653  
Old 09-15-2016, 05:06 PM
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Quote:
Originally Posted by a&j_2510 View Post
I was just married two weeks ago and my husband is on parole for 3 more years. We live in PA where he is from (I moved here two years ago for a job and met him here). I am originally from Montana and all of my family is there. We would like to move to Montana next summer, so my question is - do I have to move there first and live there for six months before he can put in for a transfer? I thought I read somewhere that resident family in the receiving state has to be there for at least six months or am I wrong about that? Would my family there, his in-laws, count as resident family there already?
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Here is the link to Chapter three Transfer of Supervision.http://www.interstatecompact.org/Leg.../Chapter3.aspx
Now if your in laws agree that he can reside with them he can list this as his place of residency. The first step is to see if P.A is willing to put in for the transfer. Rule 3.101 Mandatory Transfers.At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:
(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and
(b) has a valid plan of supervision; and
(c) is in substantial compliance with the terms of supervision in the sending state; and
(d) is a resident of the receiving state; or
(e)(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(2) can obtain employment in the receiving state or has means of support.

[While a sending state controls the decision of whether or not to transfer an offender under the Compact, the receiving state has no discretion as to whether or not to accept the case as long as the offender satisfies the criteria provided in this rule].
Rule 3.101-2 Discretionary transfer
(a) A sending state may request transfer of supervision of an offender who does not meet the eligibility requirements in Rule 3.101, where acceptance in the receiving state would support successful completion of supervision, rehabilitation of the offender, promote public safety, and protect the rights of victims.
(b) The sending state shall provide sufficient documentation to justify the requested transfer.
(c) The receiving state shall have the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the compact specifying the discretionary reasons for rejection.
These two rules are the major players in transfers
Another thing if your in laws or someone else has a employment offer in line for him this will increase his chances of approval
If you husband owe any kind of restitution it must be paid in full before even he can apply for transfer. Run through the ICOAS web site plenty of information to review. If you can not fin what you want or need to obtain the information through log on let me know I will get that log on info for you ( I haven't logged on in a while but I still can) Also check out Navigating the Compact here http://www.interstatecompact.org/Abo...heCompact.aspx


Here is a question and answer I found on the web site that may help.
Q2. When considering a discretionary (non-mandatory) transfer, what can I do to improve my chances for being accepted?
Answer: 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.
Resource: Rule 3.101-2
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  #1654  
Old 09-16-2016, 12:47 PM
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So, my understanding is that if I'm living in the receiving state for 180 days, then he can request a transfer and it's a mandatory transfer rather than a discretionary transfer?
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  #1655  
Old 09-16-2016, 01:43 PM
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So, my understanding is that if I'm living in the receiving state for 180 days, then he can request a transfer and it's a mandatory transfer rather than a discretionary transfer?

Yes, but the sending state must approve the transfer. It isn't that hard to get a discretionary transfer either since you have the strong family ties in the receiving state and you are married to him.
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  #1656  
Old 10-07-2016, 12:44 PM
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Quote:
Originally Posted by chris idoc View Post
I am a retired parole commander from the State of Illinois and dealt with ICOTS issues and transfers on an almost daily basis.

The person in custody is the only one that can initiate an ICOTS transfer request.

If anyone else was allowed to initiate the process there could be multiple investigations in multiple states and the person in custody may not want to live with any of them.

Illinois and several other states require a letter of support from the person / family member who resides in the receiving state. All states do not require a letter of support.

A Letter of Support should contain the following from the family member:

Complete name, address, contact numbers and relationship to the person in custody.

An indication that you are financially stable and can provide clothing, food and housing until the person / parolee can provide for themselves. The indication of financial support can be that you have worked at the same job for X years, lived in the same residence for X number of years and so on.

If you do not have any criminal history or firearms in your residence that should also be included.

In a closing sentence, indicate that you would like to have the person in custody live with you then sign the letter.

The letter should be mailed, faxed or scanned to the counselor that the person in custody is having complete the Interstate Compact Transfer Request. Normally the counselors will not accept the letter from the person in custody.

Chris
Chris, thank you for the information. We found out his release date is 11 December 2016, he applied for the transfer middle of September. I called the ICOTS Sacramento, CA office today, 7 October 16, to inquire if they had received the application. Yes, they have! I also called ICOTS in NC and they informed me they had received it. I am just hoping that the packet is complete and NC can move forth with the home visit ASAP. I know they have 45 days from date complete packet is received to do visit, after that, we are at the mercy of CA to do their final part.
I'm not holding my breath for us to be approved by date he is released from prison, but I am just happy that the process has started.

Thank you for the information you have shared with us, it has been very helpful and informative.
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  #1657  
Old 11-20-2016, 02:26 PM
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I hope you can help me. My boyfriend is waiting for an interstate compact to go through. I will try to give you the background. He is living in New Jersey. He was in jail in Pennsylvania last year and then got transferred back to New Jersey where he did a couple more months before getting released. During the transfer he was told not to go back to Pennsylvania. Last month he got arrested for a warrant out of PA. I bailed him out. Last Monday after doing research he turned himself in to PA. His probation officer told him that they would do an emergency interstate compact for him to go back to NJ and it would take about 2 weeks. (He has 3 years in probation but is on NJ state parole, which is why he didn't know he was still supposed to report to PA) How long should this process take? Why would they have him incarcerated to do the compact rather than just giving him a travel permit? He was told after the compact went through they would rescind the warrant and let him leave. Does this sound correct? I'm having a hard time believing it when everything I read online says something about a travel permit. Thank you for any help you can give.

Last edited by Snr4883; 11-20-2016 at 02:29 PM..
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Old 11-20-2016, 02:37 PM
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Welcome to Prison Talk. An emergency interstate compact application sounds like it will get an expedited response. There is also much information available online about the ICAOS (Interstate Commission for Adult Offender Supervision) or ICOTS, (Interstate Compact Offender Tracking System) and your search only needs to be those initials if you use google.

I don't know any other answers to your questions.
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Old 11-20-2016, 04:11 PM
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Welcome to Prison Talk. An emergency interstate compact application sounds like it will get an expedited response. There is also much information available online about the ICAOS (Interstate Commission for Adult Offender Supervision) or ICOTS, (Interstate Compact Offender Tracking System) and your search only needs to be those initials if you use google.

I don't know any other answers to your questions.


Thank you for your reply. I have looked a lot online. Can't find any definite answers. I hope I can try to call someone in the morning that may have answers for me. I just don't see why he has to sit behind bars for no reason. Thanks again!
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  #1660  
Old 11-21-2016, 07:58 AM
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Snr4833,
My answer will be based on two issues that I believe are going on from your post, please let me know if my assumptions are correct.

He is on active parole in NJ and Probation in PA was not transferred to NJ when he was released on parole.

PA Probation is now filing for an emergency interstate compact to NJ.

PA should be able to get Reporting Instructions from NJ Probation very quickly, less than 5 days but we are coming up on Thanksgiving so might take a bit longer. Reporting instructions are basically approval for the supervision. NJ Probation has to approve the supervision since he is on parole in NJ, a caveat within the Interstate Compact Agreement.

Was the PA warrant a probation violation warrant or a new case?

If it was a probation warrant they will likely realize they should have transferred it to NJ and once the approval comes through, they will withdraw the warrant and he will be given the travel permit.

If it was new charges, then he needs to figure out if the new charges are going to result in a probation violation in PA, which could also be the reason for the warrant remaining in place at this time.

Take Care,
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Old 11-21-2016, 11:49 AM
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Quote:
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Snr4833,
My answer will be based on two issues that I believe are going on from your post, please let me know if my assumptions are correct.

He is on active parole in NJ and Probation in PA was not transferred to NJ when he was released on parole.

PA Probation is now filing for an emergency interstate compact to NJ.

PA should be able to get Reporting Instructions from NJ Probation very quickly, less than 5 days but we are coming up on Thanksgiving so might take a bit longer. Reporting instructions are basically approval for the supervision. NJ Probation has to approve the supervision since he is on parole in NJ, a caveat within the Interstate Compact Agreement.

Was the PA warrant a probation violation warrant or a new case?

If it was a probation warrant they will likely realize they should have transferred it to NJ and once the approval comes through, they will withdraw the warrant and he will be given the travel permit.

If it was new charges, then he needs to figure out if the new charges are going to result in a probation violation in PA, which could also be the reason for the warrant remaining in place at this time.

Take Care,
Chris
Thank you for responding Chris. It was a warrant for failure to report to probation. They said they will rescind it as soon as the compact goes through. He has been in there since last Monday. Do you know if there is anyone I can call and check in the status of it? He's not able to as no one can tell him anything. The jail doesn't even know why he is being held there with no charges. It's all very confusing.

Yes. He is on NJ parole and the PA probation was not transferred over like he was told it was.
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  #1662  
Old 11-21-2016, 01:39 PM
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The Probation Request for Reporting Instructions will go the County Probation Office where he is planning on living in NJ.

You should be able to call them and get a status update, if he is planning on living with you.

If he is not going to live with you then have whoever he is planning on living with contact the probation office.

The Request for Reporting Instructions are filed electronically so there should not be much of a delay on the approval.

The main issue is ensuring that PA has actually filed the Request for Reporting Instructions.

My first call would be the PA County Probation Office to ensure submission and then to the NJ Probation Office to ensure receipt.

Good Luck and please keep us posted on the outcome.

Chris
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  #1663  
Old 11-21-2016, 01:59 PM
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Originally Posted by chris idoc View Post
The Probation Request for Reporting Instructions will go the County Probation Office where he is planning on living in NJ.

You should be able to call them and get a status update, if he is planning on living with you.

If he is not going to live with you then have whoever he is planning on living with contact the probation office.

The Request for Reporting Instructions are filed electronically so there should not be much of a delay on the approval.

The main issue is ensuring that PA has actually filed the Request for Reporting Instructions.

My first call would be the PA County Probation Office to ensure submission and then to the NJ Probation Office to ensure receipt.

Good Luck and please keep us posted on the outcome.

Chris
Thanks again. I have called the probation officer in PA as well as the compact office and left messages. Yes. He is living with me and I want him home. NJ probation has been no help when I call.
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Old 11-25-2016, 04:08 PM
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Default Interstate Compact from AZ to NM

Hi. Thank you in advance for your help. I’m located in New Mexico, US and am considering having a friend, currently incarcerated in Arizona, come live with me when she is released on parole in 12/2017. I’ve read about Interstate Compacts and have read many of the heartfelt posts on this site, and wanted to see if anybody has additional insights into my situation.

More specifics…I rent my house rather than own it, but I’m on the lease, meaning it’s not like I live in someone else’s place. Her issues are not my issues, meaning that I have no alcohol, guns, drugs, or history of any of those. This friend is just a friend, I don’t see she and I getting married just to facilitate an Interstate Compact.

In terms of the offenses she’s serving time for, I see the following two: DANGEROUS DRUG VIOLATION and THFT MEANS OF TRNSPRTATION. These often sound a little worse than what actually happened, but those are the offenses.

Based on this info, does anybody have insight as to whether Arizona would approve her being able to submit the application, or would she likely be dismissed by whoever gets that application process started? And would New Mexico approve the Interstate Compact and become the receiving state? Or are there specific steps I can take to improve my chances of an Interstate Compact working?
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  #1665  
Old 11-25-2016, 04:32 PM
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Interstate compact rules say that the inmate must parole to a family member in the receiving state. While I'm sure your friend would appreciate the home plan and help, it will not be approved for the compact.
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Old 11-25-2016, 04:37 PM
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Hi. Thank you in advance for your help. I’m located in New Mexico, US and am considering having a friend, currently incarcerated in Arizona, come live with me when she is released on parole in 12/2017. I’ve read about Interstate Compacts and have read many of the heartfelt posts on this site, and wanted to see if anybody has additional insights into my situation.

More specifics…I rent my house rather than own it, but I’m on the lease, meaning it’s not like I live in someone else’s place. Her issues are not my issues, meaning that I have no alcohol, guns, drugs, or history of any of those. This friend is just a friend, I don’t see she and I getting married just to facilitate an Interstate Compact.

In terms of the offenses she’s serving time for, I see the following two: DANGEROUS DRUG VIOLATION and THFT MEANS OF TRNSPRTATION. These often sound a little worse than what actually happened, but those are the offenses.

Based on this info, does anybody have insight as to whether Arizona would approve her being able to submit the application, or would she likely be dismissed by whoever gets that application process started? And would New Mexico approve the Interstate Compact and become the receiving state? Or are there specific steps I can take to improve my chances of an Interstate Compact working?
My husband is in As and we are applying for him to come home to me in Illinois.

So, the fact that she is a "friend" and not a spouse or family means the chances of being approved as slim to none. She can apply if she wants, but it is 200 and non refundable. Here is the link to the IC site. http://www.interstatecompact.org
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Old 11-25-2016, 04:46 PM
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I was under the impression that my being a family member is only required for a mandatory transfer, and that there are discretionary transfers in my situation since I'm not a family member.
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Old 11-25-2016, 05:00 PM
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I was under the impression that my being a family member is only required for a mandatory transfer, and that there are discretionary transfers in my situation since I'm not a family member.
That is true, however, a discretionary transfer has a high chance of being denied. If she is denied, that's it. You can't appeal and you can't apply again.
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Old 12-01-2016, 06:54 PM
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My boy friend is getting out of work release program and prison. We are going to get married. He has community placement in Yakima, WA. He said he has 10 months of probation. I live in GA. If we get married can he apply for interstate compact ?
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Old 12-19-2016, 07:13 PM
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Hello. My husband has just be approved for an interstate transfer from VA to CT. Will he would serve the rest of his time. How long does it take before the recieving state gives you an answer that tells you if you are accepted or not?
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Old 12-20-2016, 05:41 AM
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Welcome to Prison Talk. Which state approved the interstate transfer? If it is CT, then it is already done and the only thing left to do would be to work out the details of his actual move there.
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Old 01-02-2017, 04:07 PM
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My EX (we were married over 30 yrs ago) is in IN & I am in MA. He anticipates meeting with the Parole Board in March. Last year, March, he met with the Parole Board and their decision was that he stay incarcerated for another year and then in March '17, if there have been no infractions, etc., they said they would have no problem releasing him. We will need to rely on the Interstate Compact process to get him here to MA, so we can again try to build a life together, while he finishes out his parole (he also has Fed Parole to complete). We know very little regarding the likelihood that this will work out, when to submit the Interstate Compact request, what we can do to increase the chance of this working out, etc, etc If someone could offer some advice/suggestions, I would be extraordinarily grateful. Thank you in advance.
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Old 02-09-2017, 04:52 PM
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actually trying ask question but can't figure if there is a way to do this directly.
Since you seem to be very up to date on the subject matter!

I have been attempting transfer since 2000' and have been put through the ringer from misfiling/no filing/changes with agents/denyed for bogus reasons over and over the latest being the type of temporary support necessary for the family member in the receiving state of SC from Md. which sent the request meaning they "agree" with the transfer I assume this to be correct?
What SC is saying is that my elderly mother income can't be used! and I've researched all laws/by-laws compact rules and local etc.. no where is found there where or what kind of financial assistance is regulated as long as that family member is wiling to do so. I've gotten fed up and have filed a motion with the Federal Court which has been excepted and granted w/waiver of fees, after I previously requested intervention by the Icots headquarters with no results except that told I should wait for the fifth decision to be denied. Have you ever heard of any thing like this? thanks in advance
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Old 02-10-2017, 06:06 AM
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Welcome to Prison Talk. I'm sorry for what you are experiencing. If the courts aren't able to get the IC office to approve your transfer (maybe that will be the thing that gets them to allow it?) all you can do is to keep trying.
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Old 02-10-2017, 11:27 AM
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Ed,
The financial support aspect is not a certain amount / level as it is discretionary in the view of IC and the respective parole division.

It appears from your post that you have been applying for multiple IC's from SC to MD over the course of 7 years. I do not know your specifics, but I would venture that there are several red flags in your supervision history that are causing the multiple denials by several different agents.

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