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  #101  
Old 05-02-2005, 12:10 PM
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No there is not. Georgia could still do the transfer request and California could accept him but they do not have to and likely wouldn't. A Probationer/Parolee who does not meet the transfer requirements can always apply if the sending states allow them. Itís just that the receiving state has no obligation to accept them if they don't meet the guidelines and most states demand they meet them or they deny the request as they legally can. As well, most states will not even start the process if the client doens't meet the transfer criteria, I don't know how you guy git his transfer started.

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  #102  
Old 05-09-2005, 07:59 AM
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I have a couple questions regarding Interstate Compact...

We live in Connecticut, my fiance will be serving time in the Arkansas Dept. of Corrections (due to a motor vehicle accident he had while driving though AR). When he is within 120 days of his Parole date, does he start the procedure of asking Connecticut for a Parole Transfer or does the Arkansas prison administration do that? Should this process be started prior to the 120 days so that all paperwork is completed ahead of time?

I should mention that my fiance is in a wheelchair, paralyzed from the waist down (due to the accident). He has no prior arrests or criminal history, he has lived in Connecticut for the past 5 years. Can you think of a reason why they would not grant the transfer? Anything we should be prepared for in advance?

I appreciate any help/information you can provide!
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  #103  
Old 05-09-2005, 11:32 AM
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The sending state starts the process (in this case it would be AR if that is the location he will be paroled or placed on probation from) the compact states parolee's request "no EARLEIR than 120 days prior to the offender's planned prison release date". If he meets the transfer criteria than they have to take him. To review the criteria go to: http://www.adultcompact.org/ click on the Rules Effective 1/1/2005 on the bottom left of the home page and read page 21 for the transfer criteria.

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  #104  
Old 05-09-2005, 01:41 PM
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Searcher:

I apologize that I did not read all posts before sending my question....didn't realize there were 7 pages worth. (sorry)

I think it's great that you are spending the time to answer so many questions!

Thanks so much!
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  #105  
Old 05-09-2005, 03:39 PM
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No apology needed , I certainly don't expect everyone to read all 7 pages of this topic every time they have a question and I don't think anyone else minds.

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  #106  
Old 05-17-2005, 05:08 PM
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Default Question about transfer of double DUI case

First, this has been about the most helpful site for information about the interstate compact agreement. I thank all of you, searcher especially, for their comments.

I received my second DWAI/DUI offense. I just got a great job opportunity in Maryland. I don't have any family there. I know there probably isn't a solid answer, but what are my chances of getting this transferred from Colorado to Maryland. I've been extremely cooperative with everyone here and very aggressive at getting things done (community service, fines, etc).

I don't know if I should accept this offer because I have no idea if the transfer will be accepted. I'm a pretty upstanding citizen with tons of references and all that. I think I can make a good case that I wouldn't be a problem to the receiving state.

I'm just looking for a guess. Do you think it will be accepted or not. Thanks.
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  #107  
Old 05-18-2005, 05:26 PM
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The first question that needs to be answered is if your supervising PO will even let you apply for the OOS transfer. Many POís around the US will not even start the process unless the applicant meets the transfer requirements (I contribute this to the PO either simply being lazy or they just feel it's to much work for a long shot). This brings us to Maryland, since you don't meet the required transfer criteria your request would be solely at the mercy of the PO or the general protocol of Maryland DOC on accepting offenders they don't have to (per the compact). Myself, if the offender has a valid "plan of supervision" per the compact (i.e. a residence, employment and able to follow conditions of probation in my state) I accept them. The bottom line and hope of Community Corrections is to assist and motivate an offender in completing a successful term of probation. If someone can demonstrate a move to my state is in their best interest and they have a valid plan of supervision I approve it (and I have a caseload of 185 clients). So, the question you need answered is what is Marylandís general philosophy on accepting non qualifying offenders? I wouldn't be surprised if they had no policy on this issue and so that means youíre at the mercy of the individual PO. I donít think anyone here at PTO can predict how a PO in Maryland will respond to your request. You have nothing to lose by applying (unless your state charges a fee for the transfer process as some states do). Good luck!

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  #108  
Old 05-20-2005, 09:35 PM
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My man is currently in prison in Michigan and is a residence of Minnesota, he should be getting out in 2/06. The state of MI is saying that he must pay his resitution fine of 7,200.00 B/4 he can come home to MN, even though there were three others that commited the crime he must pay it cause he wants to be transfered on parole to MN. Isn't there payment plans they can let them do, because he has a job here in MN and his family. There is NO way I am going to pay the fine out of my pocket B/4 his release date, I am afaird if I do, that he might get charged in a different state. Also, when he took the plea of 22months in MI, they never said he would get fined nor did they say a max on his time. He got it all!!! I really don't know what to do???
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  #109  
Old 05-21-2005, 10:22 AM
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MI can certainly require him to pay all restitution and/or fines before they will allow him to apply for an out of state transfer. Iím certain they could and would allow some payment plan if he was staying in MI but some states want all fines and restitution paid before they allow them to apply for an out of state transfer. It's the best way to ensure they get the money, otherwise if he doesn't pay they could be forced to issue a warrant and have to pay for the extradition cost. I donít know how MI specifically handles these matters but thatís my take on it.

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  #110  
Old 05-23-2005, 02:51 PM
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Default Transferring from Indiana

I was just wondering if anyone out there has went through a transfer from Indiana? I was wondering if there was any problems encountered with the transfer. My brother is incarcerated and has 4 months left. He has put in a transfer to Ohio but at first Indiana told him that they would not send the paperwork until after he was released. He has no family there and no where to go. From the way I read the compact law the state has to submit the transfer request 120 days before release, is this true? Please if anyone out there could give me any answer I would appreciate it. This has been a big mess and we have all learned not to get in trouble in the state of Indiana.

Thanks for any help you can give!
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  #111  
Old 05-23-2005, 03:15 PM
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Actually the 120 days is referring to Paroled only offenders and it reads as "The sending state shall submit a completed request for transfer of a paroling offender to a receiving state no earlier than 120 days prior to the offenders planned prison release date". This just means IF they choose to send a request BEFORE his release it can't be any earlier than 120 days from release. The sending state can always wait until after he is released. I think the intent was if the sending state wanted him to be paroled directly to a receiving state (the parolee has 5 days to report to the receiving date after release) they wanted the request submitted 120 days out or longer.

Why the 120 days? I am not sure, the receiving state still has only 45 days to investigate and respond so I'm not sure where the 120 days or later came from.

Perhaps I'll ask the commission where this rule came from and why. I suspect it has something to do with some states parole laws but I'm not sure, my state doesn't have parole. Also, many states are not following the 120 day rule. I just got one from New Hampshire and the guy had already max out his time and was only in jail awaiting my response to the transfer request. I will post any explanations as to the logic behind the 120 days in this forum.

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  #112  
Old 05-24-2005, 04:35 PM
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Default Can AZ refuse interstate compact request?

Hi -
I was just told that AZ will not allow an inmate to request interstate compact parole to live with me, HIS WIFE, because I am the "victum". I now reside in NV and have talked to parole department here and they would consider the request even though I am the victum because they realize people make mistakes and they are in favor of helping familes stay together. AZ says No. Is that legal? Please help.. We desparately want our marraige and he would have to go to a halfway house in AZ for his parole if he can't come home. There also is a good job awaiting him here, and no drug connections like there were in AZ.
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  #113  
Old 05-24-2005, 04:51 PM
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Yes it's legal, no state in the United States grants parolee's or probationers any legal rights to transfer their supervision out of the originating states jurisdiction. An Interstate Compact Transfer is considered a privilege and is not a right. It's solely at the discretion of the originating state and the states Dept of Corrections have sole discretion on this issue. Does he have a parole condition that prohibits contact with you? If so then there isnít a leg to stand on. If there is no condition or law prohibiting contact then all I can think of is appealing to the AZ Interstate Compact Director and the DOC Commissioner by pointing out there isnít a parole condition or court order preventing contact and try that route (also outline how your man has a greater likelihood of succeeding with you then staying in AZ. The bottom line is they have no legal obligation to even allow an offender to apply for a transfer.

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  #114  
Old 05-24-2005, 04:56 PM
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Thank you for the info. God Bless!
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  #115  
Old 05-26-2005, 04:50 AM
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Ok, my previous post about a Parolee submitting a transfer no earlier than 120 days from his/her projected release date was twisted around. "No earlier than 120 days from release" means no further out than 120, such as not on his 121st day or 180th day. The transfer has to be with his last 120 days of the projected release. I had this correct way back on a previous post but juts responded again and got it twisted. When you consider it this way it makes more sense why the compact has a 120 day rule.

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  #116  
Old 06-03-2005, 03:12 PM
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Searcher..... In your opinion, is it easier to have parole transfered to another state before the inmate's release, or after he is already out on parole? Thanks.
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  #117  
Old 06-03-2005, 05:43 PM
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In theory and by compact rules it shouldn't matter. What may hold up a Parolee are prisons that don't accurately calculate release times thus they don't want to allow an inmate to apply for a transfer until he is out. The other issue is many prisons don't have compact trained people to start the transfer paperwork or that even know the requirements to qualify for a transfer. The bottom line is the only thing that would make either applicant (parolee or probationer) easier or harder to transfer is the individual state and their abilities to do the necessary work. The compact treats them the same other than the Parolee must submit his/her request no sooner than 120 days from release, otherwise itís all the same.

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  #118  
Old 06-03-2005, 06:03 PM
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Thanks for your reply.
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  #119  
Old 06-18-2005, 11:34 AM
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i am so new to this...i'm sure you heard this a thousand times...my son is serving a 7 month sentence in san quentin and is due to be released i think in october or november.
his family now lives here in arkansas, having moved from california last year. i want him and his parole to be transfered here and have written to california's governor and a few other people...am i doing this right? how do we go about starting this and is there enough time? does he start the ball rolling or can i? how do i find out who his counslor is? does that make a difference? will he talk to me? so many questions...sorry if i go on about it but i need help. any info you can provide would be very appreciated. thank you.
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  #120  
Old 06-19-2005, 01:22 PM
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You can't start the process; he must request it through the prison or upon his release when he is assigned a Parole or Probation Officer. As for his counselor, he may have one in prison if he is attending some type of treatment but unless he signed release of information forms a counselor couldn't talk to you. He likely has a case manager assigned to him and I don't know if he/she would talk to you or not. That would depend on the norms of the facility he is in.

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Old 06-19-2005, 07:46 PM
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Quote:
Originally Posted by Searcher
You can't start the process; he must request it through the prison or upon his release when he is assigned a Parole or Probation Officer. As for his counselor, he may have one in prison if he is attending some type of treatment but unless he signed release of information forms a counselor couldn't talk to you. He likely has a case manager assigned to him and I don't know if he/she would talk to you or not. That would depend on the norms of the facility he is in.

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  #122  
Old 06-21-2005, 08:14 AM
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Hi everyone,

I don't know if it is like this everywhere, but in Nevada where my husband is, his caseworker did not have a clue about the Compact. They do not train their employees on this, and most do not know anything about it. Of course my husband said "well, here are the forms" (I had sent them to him). So I proceeded to send his caseworker all the forms, a copy of the rules, all the states contacts, the whole 9. I do not want something like this holding my husband up, that's for sure. But I wanted to let everyone know that you should be on top of it, because I know that at least in Nevada, they will push it to the side, and not do it at all unless you are on top of them, and make sure they KNOW about it, since they do not seem to train anyone or inform anyone on this issue.
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  #123  
Old 06-22-2005, 06:34 PM
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I would recommend contacting the Interstate Compact Administrator instead (see site below). They are legally responsible to run this compact for their state and to provide training. They are more likely to know how to fix a problem involving untrained correctional staff and to get a transfer packet going. Keep in mind, no state has to even allow an inmate to submit a transfer request so some correctional staff just drag their feet so the inmate has to request through the PO when they get out.

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Site to Interstate Compact Administrators contact info.

http://www.interstatecompact.org/dir.../default.shtml
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  #124  
Old 06-22-2005, 06:39 PM
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Searcher, in the recieving state, who does the investigation to decide whether to allow an inmate to live in that state? Is it the probation officers, or someone else?
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  #125  
Old 06-22-2005, 06:45 PM
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In some states it's the PO who will end up being the supervisor and in some states they actually have staff that ONLY to Interstate Compact matters so these people do the investigation. The decision to accept or deny (legally based on compact rules not opinion) is the responsibility of the Compact Commissioner who designates it to the Compact Administrator. This is by compact rules and some states still try to use the old way of doing it.

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