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Old 06-14-2020, 09:50 PM
starwitch starwitch is offline
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Default Does anyone have experience with transferring states after release?

Is it common or rare for a parole office to sign off on a felon to move states? My brother is currently incarcerated in Oregon where he committed the crime. I think stealing a car and this was his second prison stay since being in that state (not his first rodeo though, which is why he can't come back to California) He is due to be released next year. My mom lives in Oregon and the plan was for him to move in with my mom and nephew (his son) when he is released. Well, the house is a s**thole that she regrets purchasing and the area is bad. We are thinking of moving to Oklahoma and buying a house late this year/early next year with her and my nephew.


My brother will have nobody in Oregon if we do decide to move. What is the likelihood of his parole officer giving him the ''ok'' to move to Oklahoma if we do move? My brother is a good guy deep down inside until he starts in with the meth, then he turns into a piece of s*. Every offense was committed while either on drugs or with the aim to get more drugs. I'm hoping a new start without the influences he had before will kinda help push him to grow up and start his life. The kid has spent most of his teen and adult life locked up. It's pathetic and sad to watch. There are a few positive opportunities in OK that he can seize. I'm also thinking the influence of my bf can help too because he has also dabbled in drugs before and knows the struggle.
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Old 06-14-2020, 10:13 PM
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I guess you can delete this post. I was reading around different posts and found out what the process is called and some information about it. I guess I should have looked around before posting my question. Sorry!
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Old 06-15-2020, 03:29 AM
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Don't be sorry about posting your questions. There are lots of unusual details involved in prison life, most of which have to be learned on the fly, from others who have navigated through similar problems themselves.

The process you are talking about is the "Interstate Commission for Adult Offender Supervision, ICAOS".
https://www.interstatecompact.org/

The ICAOS rules allow for both mandatory transfers, and discretionary ones, so qualifying for a mandatory acceptance to Oklahoma could be possible in the future. I would start with his Oregon prison counselor or case manager since compact transfers all over the country happen regularly. The local Interstate compact office can also explain the procedure.

In some States, being accepted to parole or probation is extremely complicated, on purpose, so hiring a lawyer could improve his chances for success.
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Old 06-15-2020, 11:37 AM
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fbopnomore , gave you great advice but let me put my two cents in .I would not hire a attorney for Interstate Compact issues It is up to the receiving state if you get accepted to transfer to that state .Navigating the Compact This page will show step by step the process The Interstate Compact rules are very easy to understand.
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Old 06-15-2020, 12:48 PM
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I should have been clearer, oops. I wouldn't hire a lawyer for ICAOS either. I have read PTO posts saying that hiring a parole lawyer, especially in Texas, was the difference between receiving a setback, for as many as 3 years, and being granted parole, the first step in any interstate compact application.

I didn't hire one for help with my 3 years of federal supervised release (probation), so I don't know if doing so would have increased my chances for an early release or not . The PO played me along with promises of supporting my application for an early dismissal, but never followed through, so I ended up doing every day of it anyway.
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Old 06-22-2020, 11:04 PM
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Thank you both for your replies! Does anyone know if a state will take you if you have a warrant in another state?


So he's in Oregon and he has a warrant in California for a crime he may/may not have committed 7 or so years ago. He already has two strikes and is avoiding California like the plague. He's been arrested twice (or maybe three times) in Oregon and all three times, California has denied extradition. So they don't want his ass back. lol



Is this going to hurt his chances of being able to transfer to Oklahoma for parole? His counselor will be in next month and he will talk with her there.
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Old 06-24-2020, 04:58 AM
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I dont know for sure but would guess, yes.
Having an outstanding warrant in CA just means he MUST KEEP HIS NOSE CLEAN, everywhere. Otherwise if he gets pulled over for anything.....up pops that warrant.
Unless somehow that warrant expires......I dont know how that part works.


What does brother want to do? Where does he want to live?
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Old 06-24-2020, 10:54 AM
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Most warrants never expire, which is why there are more active arrest warrants than there are people living in the United States.

When an outstanding warrant pops up on the police squad car computer terminal, which depends on which data bases they check, it will be resolved before you can continue with your business. If the warrant is "confirmed", it will either carry instructions on extradition, or not. The issuing jurisdiction will either agree to pay to return him to their State, or they will refuse to extradite altogether.

If the issuer declines, they will usually be released immediately, without charges. Unless the status of the warrant changes in the future, the only way to get arrested is if you are caught in the actual jurisdiction that issued the warrant.
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Old 06-26-2020, 06:04 PM
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Quote:
Originally Posted by starwitch View Post
Thank you both for your replies! Does anyone know if a state will take you if you have a warrant in another state?


So he's in Oregon and he has a warrant in California for a crime he may/may not have committed 7 or so years ago. He already has two strikes and is avoiding California like the plague. He's been arrested twice (or maybe three times) in Oregon and all three times, California has denied extradition. So they don't want his ass back. lol



Is this going to hurt his chances of being able to transfer to Oklahoma for parole? His counselor will be in next month and he will talk with her there.

If he has a warrant from California. California will come and get with in their time limits upon his release from his present custody. You may what to look at Penal Code Section(CA) 1389
For some insight on holds when you are in another state with a warrant in CA. I know if you are in California and are in custody and have a warrant you do a 1381
Dismissal of the Action for Want of Prosecution or Otherwise [1381 - 1388] For warrants out of sate you use section 1389
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