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  #1  
Old 06-09-2004, 02:07 AM
Morrigan68 Morrigan68 is offline
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Default Interstate Compact Agreement

***** NOTICE *****

Before Posting a Question in This Thread, Please Refer to the FAQ - Interstate Compact




INTERSTATE COMPACT FOR PAROLE/PROBATION – INFORMATION AND RESOURCES

Here you will find some information for the Interstate Compact for Adult Offender Supervision.

The revised Interstate Compact for Adult Offender Supervision became effective in January of 2000. If an adult offender wishes to serve his parole or probation in a state other than the state in which they were convicted, this would be done by the Interstate Compact.

All states with the exception of Massachusetts and Mississippi have passed legislation enabling the new compact.

ELIGIBILITY OF OFFENDERS FOR TRANSFER UNDER THE COMPACT

The following conditions must be met by all offenders to be considered for transfer under the Compact:

1. Must be in substantial compliance with the terms of supervision in the sending state; and
2. Must be a resident of the receiving state; or
3. have resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
4. Must be able to obtain employment in the receiving state, or have a visible means of support.

The following offenders are eligible for transfer under the compact:

Offenders Subject to Deferred Sentences are eligible for transfer of supervision under the same eligibility requirements, terms and conditions applicable to all other offenders under the compact.

Individuals Currently on Supervision – any offender who has three months or more, or an indefinite period of supervision remaining, shall be eligible for transfer of supervision pursuant to the same conditions as outlined above.

Individuals Currently Incarcerated – the sending state will submit a completed request for transfer to a receiving state no earlier than 120 days prior to the offender’s planned release date.

Misdemeanor offenders, who are subject to one year or more of supervision; subject to a sentence of greater than six months of incarceration upon revocation of probation or other community supervision; and have not been convicted of or placed under supervision for a minor offense. A “minor offense” does not include an offense in which a victim has incurred direct or threatened physical or psychological harm; a second or subsequent misdemeanor offense of driving while impaired by alcohol or drugs; and a sexual offense, meaning an offense which requires that a person register as a sex offender in the sending state.

The following offenders are not eligible for transfer under the compact:

A person who is released from incarceration under furlough, work-release, or other pre-parole program is not eligible for transfer under the Compact.
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  #2  
Old 07-22-2004, 05:58 PM
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Default New Interstate Compact Agreement

Tomorrow (7-23-2004) I have the "pleasure" to participate in Interstate Compact training to be re educated with the new compact that was recently inacted. I will post any changes on this thread that may effect you or your loved ones.
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  #3  
Old 07-30-2004, 10:18 PM
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Spent 4 hours on the agreement today, last weeks date was wrong. I cant possible explain the changes. All states besides MASS are part of the now Federal Laws that govern the Insterstate Compact. I'll help anyone understand the inside scoop if they ask specific questions. This is a proffesional hobby of mine so, I think I'll have the best up to date info on ANY states guidlines. It is now standard and legal in all states but MASS.
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  #4  
Old 07-30-2004, 10:22 PM
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The above is now outdated and of no use, the new compact just signed into law is very different please see my post on this for insider advise on the topic.

(Fed-X) Or look below.

Last edited by Searcher; 07-30-2004 at 10:24 PM..
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Old 07-31-2004, 12:27 AM
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the last updated compact says that they need 120 days to process. My husband has less time than that and the restitution is not cleared yet. So I'm freaking out. Do you know if that 120 days has changed or if there is anything he or I can do. Is there something like an emergency transfer?? Thanks
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Old 07-31-2004, 12:41 AM
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45 days to process from date of arrival to recieving state. I don't know what your mean by restitution not clearing. The new compact does have an emergency transfer provison for sending a client to a recieving state prior to the recieving accecpting the permanant transfer but the burden is on the sending state to convince the recieving state of the "emergency" emergecy is not defined in the compact.
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Old 07-31-2004, 09:38 AM
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Cubana, if your talking about time from his release from prison it is 120 days out that the sending state has to send the packet to the recieving state for a a Parolee.
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Old 07-31-2004, 12:26 PM
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Oh my gosh, does that mean they have to be out of prison 120 days beyond the release date , I am just not understanding this.My son is due to be released in november of this year, on the 19th. He has already put in for his transfer from Oregon to Texas. He does not have family at all in Oregon. This person I talked to seems to be dragging his feet on this. He was really rude to me when we was speaking on the phone. He was also rude to my son during his time asking for the paper work to be submitted. he told me I should not bother the folks at the compact office , cause they are very busy people, and they would not talk to me anyways. I Have a sneaking idea this guy is not going to submit my sons paper work, and if he does, hes not going to do it in a timely manner. I get the feeling he thinks he is in control here and hes going to prove it. We have sent my son all he needed to submit his request, job, and a place to live, all the information they want. We have not seen our son in 7 years, and now it seems this guy wants to put a wall between us and him once again. My son would have no where to live, no job, no money, nothing if they set him out in oregon, and thats what this guy said they would do, cause oregon does not have the money to baby sit them or support them. He was just a real bad guy to deal with as far as i am concerned. I am afraid to complain to anyone, for fear it might hurt my sons chances of getting home, if this guy even does what hes supposed to. Any info on this problem would be welcome , thank you Vickie
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Old 07-31-2004, 12:37 PM
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Is your son on State time? meaning he is not in a Federal Prison, obvioulsy I am not aware if Oregon has a Fed Prison.


Let's assume he's serving a state conviction, in this case, he contacts whomever organizes the release plans for inmates in his prison and for a person being released on Parole the sending state has to send out the request to the recieving state 120 days prior to the projected release. Now the state that has jurisdiction has NO LEGAL obligation to allow a client to apply under the Interstate Compact (now a fedral law). Now I supose some state could have a state law that says they must allow a qualified cleint to apply, but , the Compact leaves it entirely up to the sending state to decide. Unfortunely for your son this man is in control. I doubt he wants to keep your son in his state as it's one more person to supervise. I'll wager he is just lazy or real slow at geting the packet together. The DOC has to get a full criminal history and police and court paperwork to accompany the request and in some states a criminal history alone can take several weeks or more to get back.

Last edited by Searcher; 07-31-2004 at 12:50 PM..
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Old 07-31-2004, 12:58 PM
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no my son Is not in federal, he is at snake river in oregon, Ok so I guess you answered my question, this guy can do what ever he pleases then. This is just unacceptable to me. I will be contacting whomever I can about this, I don't care I will go as high as I need to. I am not going to go away, and take this thing laying down! These people have way to much control, and it seems to me it just is to much of a bother for them to shuffle some papers. It goes against their grain for sitting behind a desk and eating bon bons. But what comes around goes around! thank you for your quick reply
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Old 07-31-2004, 02:26 PM
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Id take a breath and then call the Georgia Compact office (number is online) and politley (even if they are not) ask if the request has been sent out and if not when it was recieved by them from your son. If they don't know what your talking about, find out when your son sent it out and give them that date and ask if it can be traced and it's status.

Last edited by Searcher; 07-31-2004 at 02:48 PM..
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Old 07-31-2004, 05:13 PM
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Why would the georgia office have anything to do with Oregon and texas?
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Old 07-31-2004, 05:25 PM
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Searcher: Thank you so much for the time that you've committed to obtaining training and answering questions about the new Interstate Compact Agreement. You seem very knowledgeable as well as caring & thoughtful!

I've skimmed over the new Compact Agreement and (at this point!) have just a couple questions. Here's our story 'in a nutshell':

My husband and I live in San Diego and my brother-in-law is scheduled to be released from R.J. Donovan (San Diego) on Aug. 21st. Upon release he will come to live with us and has good prospects of finding employment. It all sounds good so far, right? Well...... earlier this year my husband and I decided that we would be retiring and moving out of CA. We are currently in the process of building a home in Southern UT; it should be completed and ready for move-in sometime in November 2004. When we made this decision, we had NO IDEA that my brother-in-law would not be able to automatically move with us. (Yes, we were pretty naive about most things regarding the prison system until I stumbled upon this forum!)

After meeting with his PO and finding out about the requirement for the transfer agreement, all the paperwork, redtape and time involved we were heartbroken. We will have about 3 months here in San Diego after his release and my husband is willing to stay behind for another month or two but we really want to get on with our 'retired life'.

So my questions are:

1. According to the transfer request, the 'resident family' must have resided in the receiving state for 6 months. Is this a hard & fast rule? Or is there room for negotiation? Since we are retiring and building a home, would that prove that we plan on being permanent residents of UT?

2. I am aware of the 45 day period for the receiving state to review and approve the transfer request. Would we need to wait until after we (I) have lived in UT for 6 months to submit the request? Or could it be submitted 4 months into the process and just ride it out until the 6 month residency requirement is fullfilled?

I hope I've made sense and I apologize for the lengthy message. Just wanted to give you all the facts right up front. Thanks again for your time....

sdkatz
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Old 07-31-2004, 06:10 PM
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Sorry Meeny2u, I mean Texas, I don't know where I got Georgia from!!
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Old 07-31-2004, 06:31 PM
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sdkatz,

Thank you for your kinds words, the compact training was mandatory though . To answer your question.

The language of the compact is very clear and a Federal Law with penalties to states that don't obey them (we'll see if that ever gets enforced). So, CA has no obligation to even entertain the idea of letting your brother in law apply until he meets all the qualifications.
Having said that, at the bottom of the page (where the qualifications are in Sec.3.101) it says the following:

" A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervison".

This last statement isn't new, any recieving state could accept someone if they choose to, even if they didn't meet the qualifications. It will depend on the philosophy of the receiveing state and unfortuntely perhaps the investigating officer.

Again, this 6 months resident of the family portion is new so we'll just have to see how states follow it. The bottom line is, they can allways deny if the qualifications are not met but nothing stops them from waiving something if they so choose. The loop whole would be if a state makes it a policy in thier Dept of Corrections that they do not accept anyone who doesn't meet all the criteria. To me that would just be bad Community Corrections but thats my take.
Hope this helps, anything else?

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Last edited by Searcher; 07-31-2004 at 06:40 PM..
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Old 07-31-2004, 06:55 PM
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You know, another factor that may make some states turn down people who don't qualify 100% even if there plan appears legit and ok otherwise is caseloads. For example the average caseload for an adult Probation and Parole Officer in the US is 98 clients per officer (National Inst of Corrections studdy in 2002). Myself as an example, I have 211 clients and am busting at the seems and have for over 7 years with no sign of it letting up. So, some PO around the us who feel they can't take on more clients may turn down anyone they can. Myself, I take everyone if they have a decent job and a place to live or are enrolled in college full time. Now with the new compact my powers that be, may override my desire to take someone I don't have to.

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Old 07-31-2004, 08:54 PM
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Is there a website I can go to, to read about the *new* interstate compact agreement??

and I also have a question, if a parolee gets married while on parole, and their wife lives in a different state, are they able to possibly get transferred to the state the wife resides in??

thanks
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Old 07-31-2004, 09:38 PM
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Default New Interstate Compact

INTERSTATE COMPACT FOR PAROLE/PROBATION – INFORMATION AND RESOURCES

Here you will find some information for the new Interstate Compact for Adult Offender Supervision to take effect August 1, 2004.

All states with the exception of Massachusetts have passed legislation enabling the new compact.




Transfer of Supervision

Request for transfer of a paroling offender
(a) A sending state shall submit a completed request for transfer of a parolingoffender to a receiving state no earlier than 120 days prior to the offender’s planned prison release date.


(b) A sending state shall notify a receiving state of the offender’s date of release from prison or if recommendation for parole of the offender has been withdrawn or denied.

(c)(1) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the fifth calendar day following the offender’s intended date of departure from the sending state.

(2) A receiving state that withdraws its acceptance shall immediately notify the sending state.

(3) Following withdrawal of the receiving state’s acceptance, a sending state must resubmit a request for transfer of supervision of a paroling offender in the same manner as required in 3.105 (a).
Request for expedited transfer
(a)(1) A sending state may request that a receiving state agree to an expedited transfer of an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination.


(2) (A) A receiving state that agrees to expedited transfer of an offender shall immediately issue reporting instructions for the offender, and a sending state shall immediately issue a travel permit.

(B) The sending state shall ensure that the offender signs all forms requiring the offender’s signature under sec. 3.107 (a) prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.

(C) At the time of transmission of the signed forms, the sending state shall provide the receiving state with a copy of the offender’s orders and conditions, documentation of the offender’s residency, copy of any available pre-sentence report, copy of any order of protection, where applicable, and whether the offender is subject to sex offender registration in the sending state.

(b) A receiving state shall assume responsibility for supervision of an offender who is granted a travel permit during the investigation of the offender’s plan of supervision.

(c) A sending state shall transmit a completed transfer request for an offender granted a travel permit no later than seven calendar days following the granting to the offender of the travel permit.

(d)(1) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 7th calendar day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request, direct the offender to return to the sending state by a date specified by the sending state.

(2) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender no later than 10 calendar days following the offender’s failure to appear in the sending state.

(3) The receiving state shall continue to supervise the offender until a warrant is issued or notice is given by the sending state as required under sec. 4.105.
Eligibility for transfer of supervision
(a) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision–


(1) is in substantial compliance with the terms of supervision in the sending state and
(2) is a resident of the receiving state; or
(3) (A) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and

(B) can obtain employment in the receiving state or has a visible means of support.

(b) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision.
Misdemeanants
(a) An offender who has been sentenced for a misdemeanor offense in the sending state shall be eligible for transfer under the compact, provided that all other criteria for transfer, have been satisfied, and provided further that the offender—


(1) Is subject to one year or more of supervision;

(2) Is subject to a sentence greater than six months of incarceration upon revocation of probation or other community supervision; and,

(3) Has not been convicted of or placed under supervision for a minor offense.

(b) In this section, “minor offense” does not include

(1) An offense in which a victim has incurred direct or threatened physical or psychological harm;

(2) A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; and,

(3) A sexual offense.

(A) In this section “sexual offense” means an offense which requires that a person register as a sex offender in the sending state.
Offenders subject to deferred sentences
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial intervention program, bail, or similar program, or who are under supervision for a minor misdemeanor offense, are not eligible for transfer under the terms and conditions of this compact.

Offenders on furlough, work release
A person who is released from incarceration under furlough, work-release, or their pre-parole program is not eligible for transfer under the compact.

Offenders with disabilities
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.

Submission of transfer request to a receiving state
(a) Subject to the exception in sec. 3.103 (b), a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required information to the receiving state prior to allowing the offender to leave the sending state.


(b) Subject to the exception in sec. 3.103 (b), the receiving state shall be given the opportunity to investigate the proposed plan of supervision prior to allowing the offender to leave the sending state.
Time allowed for investigation by receiving state
(a) A receiving state shall complete investigation and respond to a sending state’s request for an offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact office. Receipt of completed transfer request shall be presumed to occur by the fifth business day following transmission.


(b)(1) If a receiving state determines that an offender transfer request is incomplete, the receiving state shall notify the sending state of that determination and the nature of the incompleteness no later than five business days following receipt of the transfer request by the receiving state.

(2)(A) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions.

(B) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender’s departure as required under sec. 4.105.
Collection of restitution, fines and other costs
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.


(b) Upon notice by the sending state that the offender is not complying with family support and restitution obligations, and financial obligations as set forth in subsection (a), the receiving state shall notify the offender that the offender is in violation of the conditions of supervision and must comply. The receiving state shall inform the offender of the address to which payments are to be sent.
Violations of conditions of supervision
Upon a request by the receiving state and a showing that the offender has committed three or more significant violations arising from separate incidents that establish a pattern of non-compliance of the conditions of supervision, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state.

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Old 07-31-2004, 10:52 PM
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http://www.adultcompact.org

Hope this helps you
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Old 07-31-2004, 11:32 PM
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My husband is due to come up for parole in sept. 2004. Being that i live in another state the facility parole officer told me that he would be able to put in the request for interstate compact until he knows that he made parole for sure. Now i would like to know if that's true. because i spoke with a parole officer from here and he said that " that's not how it's suppose to be done". Now do u have any ideas on what i can do you speed up the process because if he does make parole he's going to have to be there until they do what they should have been done that's crazy any infor please let me know .
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Old 08-01-2004, 05:46 AM
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doughsgurl, yes they can they just follow the proceedures of the compact. I had 2 cleints get married last month so they could move with thier girlfriends (not the best reason to get married).
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Old 08-01-2004, 05:54 AM
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KP Wifey,

The sending state can have thier own procedures, if the prison refuses to send out a transfer packet until Parole is granted then the client is stuck waiting until the process is done. I just had a guy who was was waiting for me to respond to his request for a transfer as he made parol and he had to stay inside until I did it (unfortunetly for him I was on vacation for 2 weeks when it got sent to me). As far as the prison is concerned, his parole date is the minimal time he must serve and he hasn't even reached his max so they don't see a problem with him being forced to wait for the process. Luckely, I new my guy as he had previously been a client so I knew his situation and just approved it as soon as I returned.
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Old 08-01-2004, 07:14 AM
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Searcher I think that it is bad to have a guy stuck inside beyond his release date due to slow paperwork. That is awlful!

We are still about 2 and half years away from my husband's first parole board but having this information at least helps me to feel empowered to be able to impact the flow of things once the process has begun.

Thanks.
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Old 08-01-2004, 07:52 AM
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Hi Searcher and thank you for all the help you give everyone!! I would like to ask you a question. My son is supposed to be released December 13 of this year. He will be released on probation as outlined in the plea bargain. His attorney said he will file for the petition to the court to enforce the plea bargain on November 13, one month before the expected release. Here is my problem after reading the posts about interstate compacts. Right now his state records show that his release date is 2007 because if conditions weren't met that is how long he would serve. We are meeting all of the conditions, fines, etc. so that is not going to be a problem.So the State on their paperwork is just working with the 2007 date until we file in November that he is to be released in December. The problem is that he is in Alabama and I am in Mississippi and he is going to come live with me. Am I understanding from your posts that it might take weeks or months to approve that??? Because we can't even file for his December release until November. Any advice would be greatly appreciated...thank you so much...
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Old 08-01-2004, 12:46 PM
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Thank you Searcher!!! I know it's not the best reason to get married, it's one of the last on our list.. but thanks very much!!!
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