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Probation Transfer (State to State)

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ajwz24

Guest
Can my fiance's probation officer prevent her from transfering from TX to Kentucky, after we are married?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ajwz24:

Can my fiance's probation officer prevent her from transfering from TX to Kentucky, after we are married?
<HR></BLOCKQUOTE>

My response:

The probation can keep her from transfering. The idea is that one State's problem should not become the problem of another. Lack of freedom is a real bummer. That's the point.

IAAL



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ron1953

Junior Member
Might be nice if you were familiar with the Interstate Compact

Seenyore Member:

It's bad enough that you give flippant answers to people in need. The least you can do is be familiar with what you're talking about. The ICAOS was created expressly for people like the one you gave the crappy response to. Under the rules of the Compact, a state IS required to take over supervision for a qualified offender. See for yourself:

http://www.adultcompact.org/about/history/historical/ICAOSRulesEffect01012005.pdf
 

CdwJava

Senior Member
No state is "required" to accept the problems of another state. Read it carefully ... it provides guidelines and encouragements, but does not mandate that a state WILL accept a transfer.

In fact:

RULE 3.103 Acceptance of the offender by receiving state; exception

(a) A sending state shall not allow an offender under supervision in the sending state to relocate to a receiving state without the receiving state’s acceptance of the transfer of supervision.


Granted, signers of the compact are expected to abide by the transfer procedures, but there are ample grounds to deny someone who may be marginal.

Additionally, the state receiving the transfer may accept the transfer if the following conditions are met by the probationer:

The probationer ...

(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.


It is NOT an automatic procedure.

- Carl
 

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