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Ohio Parole, Probation & Release All information relating to parole, probation or release in Ohio should be posted here.

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  #1  
Old 04-22-2011, 09:07 AM
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Default Question about transferring parole to another state

HI Everyone,

I have been reading on here looking for advice, I told my man about the process and the only thing that was holding him up that I could tell was that we weren't married and he had no blood relatives here it TN. (He is in Ohio) so we decided to get married. When he contacted his unit manager he told him a whole different story about the agreement. He said getting married wouldn't make a difference with his eligibility. That he had several other "options" to make his transfer happen other than getting married and they set an appointment for Monday to get the paperwork and to look over his options. Does anyone have any thoughts? I feel like he is setting my man up to fail. Thanks
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  #2  
Old 04-30-2011, 01:00 PM
SoozeCat SoozeCat is offline
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Your feelings are correct. There is not another state (given how things are financially) that would be willing to take on the financial burden of another inmate from another state. I was told this by a very good attorney during MY research. He is pretty much stuck in Ohio until his sentence has been completed. With the laws different in every state, it just doesn't work out because his time may be different in TN - I 'think' (and correct me someone if I am wrong) that they could even try him again based on the laws of TN and he could wind up with even more time than he has now - or less. There is no way of knowing. You should probably just settle in for the long haul, whatever amount of time that is......... and know that he will be in Ohio (I understand your issue, as I am in CA and my loved one is in Ohio --- and I tried to pursue this same route). Your only real option, I believe, is for you to move there.
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Old 04-30-2011, 01:16 PM
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If he is transferring parole - Yes it can be done from one state to another. He would have to follow the conditions from the sentencing state and the transferring state as well. The state he is trasnferring to can also add more conditions and can even add more supervison.

I just went through the Interstate Compact Process and the issue we had was that the PO (who was very nice I must add) here in AZ needed to speak to the owner of the condo I am renting to be sure he could live here. The leasing agent said no problem to Joe living here, but the actual owner would not allow Joe to live here because of his SO status. So, the transfer was denied. The PO did tell me that if I move withing 30 days to contact the Florida Compact Office and we could go through the process again. Instead, we worked with the Pre-release officer in Florida and found him a place to live for the next 4 months.

Thankfully, Joe completes his supervision on September 8th, 2011 and during that time I am going to be purchasing my own home . . .so we wait another 4 months . . . no problem! We have gone through plenty already!
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Old 04-30-2011, 01:33 PM
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Quote:
Originally Posted by SoozeCat View Post
Your feelings are correct. There is not another state (given how things are financially) that would be willing to take on the financial burden of another inmate from another state. I was told this by a very good attorney during MY research. He is pretty much stuck in Ohio until his sentence has been completed. With the laws different in every state, it just doesn't work out because his time may be different in TN - I 'think' (and correct me someone if I am wrong) that they could even try him again based on the laws of TN and he could wind up with even more time than he has now - or less. There is no way of knowing. You should probably just settle in for the long haul, whatever amount of time that is......... and know that he will be in Ohio (I understand your issue, as I am in CA and my loved one is in Ohio --- and I tried to pursue this same route). Your only real option, I believe, is for you to move there.

Are you referring to transferring an inmate or transferring an inmate that is being released onto parole? In the terms of Parole, yes he can transfer to any state . . . It would be through using the Interstate Commission for Adult Offender Supervision . . . he would not be retried for the same crime as that would be considered double jeapardy . . . but the restrictions/conditions of the state he would be trasnferring into would have to be followed too. The state he has transferred to could also add more supervision to his sentence.
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Old 04-30-2011, 03:26 PM
Bella Is Famuz Bella Is Famuz is offline
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Yup the state he has transferred to could also add more supervision for his parole because they dont HAVE to accept his parole transfer to begin with. Usually they do but they have their own conditions. It is possible yes.
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Old 05-02-2011, 08:13 AM
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I had posted this on a site for interstate compact agreements and one of the staff moved it here. We are/were working on getting his parole transfered. Since he was told that he hasn't mentioned getting married anymore or coming home. Cold feet? who knows! God w work it out, I just have to wait and have faith! Thanks for the responses.
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Old 05-02-2011, 08:20 AM
SoozeCat SoozeCat is offline
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Quote:
Originally Posted by JenZ View Post
Are you referring to transferring an inmate or transferring an inmate that is being released onto parole? In the terms of Parole, yes he can transfer to any state . . . It would be through using the Interstate Commission for Adult Offender Supervision . . . he would not be retried for the same crime as that would be considered double jeapardy . . . but the restrictions/conditions of the state he would be trasnferring into would have to be followed too. The state he has transferred to could also add more supervision to his sentence.
I know that transferring an inmate is impossible (serving out the sentence) - but with parole, I think it depends on the offense and whether the sentencing judge will permit it. Or at least that is what I was told by two Ohio attorneys. It isn't always permissible - and like everything else, it takes so much time by everyone just to give permissions or input to anything. By that point, parole is over.... (or close to it). But I would gather that every situation is a little different. Not at that point yet to find out first hand, but I'm pretty much prepared for ANYTHING!
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Old 05-12-2011, 08:01 PM
VoiceofReason89 VoiceofReason89 is offline
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OK, you all are on the computer so check out the Interstate Compact website. Interstate compact is the governing body that coordinates offender transfers from state to state. Here are the basics about transferring supervision to another state. There are 2 categories for offenders who want to transfer out of state: Discretionary and Mandatory. A discretionary transfer is for offenders who want to move to another state because they feel like it, or the weather is nicer, or whatever. Discretionary transfers are almost never approved mostly for the reasons named by soozecat.

Mandatory transfers are a different matter and they are approved all the time. It is important to note that mandatory does not mean guaranteed. The offender has to meet certain criteria to be considered mandatory. Some of the criteria include: 1) the offender was a resident of the state at the time of the arrest. For example, the offender was a resident of Florida but was smuggling drugs thru Ohio when arrested. 2) The offender has resident family in the state. This means immediate family, parents, siblings, spouses. It does not include girlfriends / boyfriends or fiancé’s, so Bri, you were right in the first place. If you get married (dumbest reason ever to get married) you would then qualify as a mandatory transfer. (The next couple of criteria are the sticky ones) 3) The sponsor (person the offender wants to live with) must agree to provide financial support for the offender. This does not just include a place to live and food. It could mean paying the offender's fines or supervision fees for the offender until they get a job. It may mean paying for all of the offenders transportation cost for PO visits or job searching or anything else the PO tells the offender they have to spend money on. 4) The offender must have a valid plan of supervision. This could mean almost anything. If the PO finds a beer can in the trash they can reject the transfer saying it is not a suitable residence because there is alcohol in the residence. Or, The sponsor had an attitude with the PO when they investigated the transfer so the offender would not have good family support. If the PO rejects a mandatory transfer the offender can appeal but it is a long uphill battle.

As far as more time getting added to the offender's sentence, that is complete nonsense. If an Ohio offender transfers to another state the offender is always an Ohio offender. The other state merely provides courtesy supervision for Ohio. If the offender violates their supervision in the other state they get sent back to Ohio to do their time. Some people may get confused because an offender may be eligible for an early release from supervision in Ohio and the other state may not know to recommend getting the offender off early, but they can never extend the time longer than they were sentenced in Ohio.
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Old 05-14-2011, 06:16 PM
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You are sure about this? I am following this thread as we are in the same predicament, the father of my children and my fiance' is in Texas and we would marry in a heart beat but didn't want to come across as just trying to "beat the system" and make our chances lessen that we would be reunited as a family as soon as possible. It's been really hard to get a clear answer on this question, and have heard people answer it both ways. But you sound like you know what you're talking about and speak very confidently about the way this works...Thank you for putting your time into helping others figure this out!
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Old 05-15-2011, 11:45 AM
VoiceofReason89 VoiceofReason89 is offline
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Quote:
Originally Posted by Jaymama View Post
You are sure about this? I am following this thread as we are in the same predicament, the father of my children and my fiance' is in Texas and we would marry in a heart beat but didn't want to come across as just trying to "beat the system" and make our chances lessen that we would be reunited as a family as soon as possible. It's been really hard to get a clear answer on this question, and have heard people answer it both ways. But you sound like you know what you're talking about and speak very confidently about the way this works...Thank you for putting your time into helping others figure this out!

Yes I'm sure; but remember mandatory does not mean guaranteed. A discretionary transfer basically means the state can say no for no reason or because they don't feel like taking the case since the offender doesn't have a real reason to transfer. Mandatory basically means the state has to give a reason why a transfer was rejected; it doesn't say it has to be a good reason. By getting married you technically change the status of the transfer from discretionary to mandatory. So now the state has to give a reason why they wouldn't accept a transfer. So, your fiance' may also be right because the state might say you are not a valid plan of supervision because you are helping him "beat the system" (I'm not saying you are, or that is what they would say) just an example of a bad reason to deny the transfer). Or, the state could come up with just about any other reason to say no if that is what they thought you were trying to do. No one can give you a straight answer because every situation is different. Again, getting married just to make it possible for your fiance' to transfer is the dumbest reason ever. If you guys want to get married anyways and it was meant to be then parole shouldn't get in the way and things will work out eventually. Good luck.
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Old 05-15-2011, 12:20 PM
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MarlaInLasVegas MarlaInLasVegas is offline
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My husband still has 17 months left, he has NOBODY ib Ohio and all his family in Utah, so we are hoping we can get him over here.
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Old 05-15-2011, 04:15 PM
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We are getting married because we love each other and want to grow old together. We were engaged for around a year before he was extradited away (will serve 8 months total when released), and we had tried to deal w/his legal issues before this happened but at that time the right doors didn't open. My honey is being released now in a month, he has mandatory release under old laws but we don't have anywhere for him to live in Texas where he is at, we are in CA and have a cottage here that he built for us on my parents land. He also has a vehicle here and we run a small business so work is set up. I know it will all work out in time if it is meant to be..and it makes sense there's no guarantee, but I think the path of my heart is to marry the father of my babies-and yes I would have to admit the timing of it is so that we can be reunited as soon as possible. I wonder with so little time left on the inside if we can complete everything in time..
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Old 07-02-2011, 09:35 AM
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Quote:
Originally Posted by MarlaInLasVegas View Post
My husband still has 17 months left, he has NOBODY ib Ohio and all his family in Utah, so we are hoping we can get him over here.
My situation is about the same only it's my son; his grandparents all the way up until now have said he could live there if given judicial release, now that I've finally been able to pay for an attorney and he wants to file, they said no. Now I'm left trying to find a place for him to stay long enough to get his transfer. Is your husband going for judicial release? I've been told my son has to actually be released on his OUT date in order to come straight to Kentucky.
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Old 07-02-2011, 12:05 PM
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Isn't awful when prople make promises and then go back on their word? I hate that I hope you find someplace for him to be.
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Old 07-02-2011, 08:50 PM
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Marla,
Will Mike have to do parole after he is released?
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Old 07-03-2011, 11:37 AM
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No, theyaid that if his fees are paid to the state of Ohio he wont have probation or anything.
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