what type attorney handles interstate probation transfer

by Dr. Aylin Veum DDS 6 min read

What is Interstate Transfer of criminal cases?

Interstate Compact Guide with 15-Minute One-On-One Information Session! Use the form below to receive a complete packet about interstate probation/parole transfer, including an eligibility guide, as well as a 15-minute one-on-one session with attorney Jennifer Gerstenzang to go over your specific interstate probation/parole transfer questions.

Can I transfer my probation case to another state?

Jul 31, 2013 · The assigned probation officer will, in cases where it transfer may be appropriate, contact the agent assigned to coordinate interstate compact applications within that local probation department (each county will generally assign a single person to be the interstate compact coordinator for that county’s probation department).

What is the Interstate Commission for Adult Offender Supervision?

We suggest you contact your probation/parole officer regarding your request to transfer. Resource: Rule 3.101. I recently relocated to another state and was told that I am required to pay a $50 per month supervision fee. I was not required to pay a fee at all in the state I transferred from.

Do I need to apply for interstate compact if on probation?

Interstate Compact (ISC) The Interstate Compact for Adult Supervision (Compact) is the only legal mechanism in the country for the interstate transfer of the parole or probation of an adult offender. It is the purpose of this Compact to promote public safety and protect the rights of victims through the control and regulation of the interstate ...

How do I transfer my probation?

You must remain in the state within which you were placed on probation when applying for Interstate Compact. You must fill out an application for the transfer. Then, it is up to your probation officer and the “sending state” (the state that put you on probation) to decide if your case qualifies for transfer.

What does Interstate Compact agreement mean?

Interstate compacts are agreements between states to enforce a policy that is not necessarily governed by federal law. Interstate compacts are one way that states can work together to enforce a policy or regulation without the interference of the federal government.Jan 21, 2020

Can you transfer misdemeanor probation to another state?

In misdemeanor cases, probation can last up to 2 years. In felony cases, probation may run as long as 10 years, although it is possible to seek early release under certain circumstances. ... The short answer is yes, it is possible to move from one state to another while on probation.

Can you transfer probation from Florida to another state?

Generally, there are two ways a probationer can move from one state to another before the terms expire. One way to do this is to apply for an early discharge of the probation. The other is to petition for a transfer by going through the Interstate Compact Transfer (ICT) process.Jul 22, 2019

Who must approve interstate compacts?

the United States CongressCompacts require the consent of the United States Congress, which may be granted case-by-case for specific compacts or given automatically for model compacts. According to the Council of State Governments, each state was involved in an average of 25 compacts as of 2016.

What is an example of an interstate compact?

An interstate compact is a contract between two or more states. ... Examples of well-known interstate compacts include the New York-New Jersey Port Authority Compact, the Emergency Management Assistance Compact, the Washington Metro Area Transit Authority Compact, the Multistate Tax Compact, and the Southern Dairy Compact.

Can you leave the state on misdemeanor probation in Florida?

In Florida, probation is considered a privilege. ... The code says that no offender may leave his or her county of residence without first obtaining consent from the probation officer.

Can you travel while on probation in Florida?

If you are on probation in Florida, you must obtain the permission of the Court before you travel. ... This applies to misdemeanor and felony probation. If you want to travel, either domestically or internationally, while on probation, you must obtain a court order. Your attorney can help you in doing this.May 1, 2018

How do I transfer probation from one county to another in Texas?

If you plan to move outside the county, you must get permission from your Probation Officer. If permission is granted, your Probation Officer will make arrangements to have you report to a Probation Office in the County/State where you will reside. Your Probation Officer must always know where you are living.

Is Florida part of the Interstate Compact?

Approximately 3,000 children move in and out of Florida through the Interstate Compact each year. The Compact is a uniform law that has been enacted by all 50 states, the District of Columbia and the U.S. Virgin Islands.

What is Icaos?

Developed in 1937 and designed to regulate the movement of probationers and parolees across state lines, the Interstate Commission for Adult Offender Supervision (ICAOS) is enacted in all 50 states and three U.S. territories (District of Columbia, U.S. Virgin Islands, and Puerto Rico).

Can I transfer probation to Puerto Rico?

The Interstate Compact for Adult Offender Supervision At its core, the Interstate Compact is an agreement among the 50 states, the District of Columbia, the U.S. Virgin Islands and Puerto Rico to cooperate, coordinate and facilitate the transfer of supervised adult offenders across one another's borders.

What is discretionary transfer?

Discretionary transfers have the best chance for approval when it is clearly demonstrated that your chances of success are higher in the receiving state. Generally, it helps to have a solid job offer, suitable residence, completed treatment, all fines, court cost and restitution are paid and a favorable history of supervision.

How many days can you travel to another state?

The relocation to another state for more than 45 consecutive days is covered by the Rules. Any travel less than 45 days, may be permissible at the discretion of the sending state in accordance with local laws and policy.

What does the application for transfer mean?

The Application for Transfer clearly states that the offender will comply with terms and conditions placed on them by the sending or receiving state. Furthermore, the rules of the Compact clearly state that the receiving state has the authority to determine degree of supervision and impose additional conditions as long as such are consistent with the supervision of other similar offenders sentenced in the receiving state.

How long does it take to get into an out of state treatment program?

Attending an out-of-state treatment program for more than 45 days requires transferring your supervision through the Compact. As a side note, enrolling in an out-of-state program by itself does not constitute a mandatory acceptance.

What is interstate supervision?

The Interstate Commission for Adult Offender Supervision is an agreement between states; individuals have no standing in the compact nor a constitutional right to transfer. As a result, interstate transfer of supervision is a privilege and individuals cannot appeal a rejection.

What is mandatory transfer eligibility?

Mandatory transfer eligibility is determined at the time of a transfer request. Once transfer of supervision is accepted, the receiving state agrees to supervise for a length of time determined by the sending state. However, the sending state has the discretion to require an offender to return at anytime for any reason.

Does the probation compact have authority?

This compact does not have authority over local probation policies, practices or procedures. If you cannot work out your issues with the probation department then you should obtain whatever legal assistance you feel is necessary.

What is the Interstate Compact for Adult Offender Supervision?

The Interstate Compact for Adult Offender Supervision (ICAOS) is a reciprocal agreement permitting the transfer of adult offender cases between member states under certain conditions. Supervision of offenders in the community who meet specific eligibility criteria, may be transferred to another state under the ICAOS. Offender Supervision.

How to contact PPP?

You may obtain additional information by accessing the website of the Interstate Commission for Adult Offender Supervision at www.interstatecompact.org or by contacting the PPP Interstate Compact Office at 803-734-9325 or via email at [email protected].

What is the purpose of the ICAOS?

Purpose. The purpose of the ICAOS is to: Track offenders subject to supervision under this compact. Transfer supervision authority in an orderly and efficient manner. Provide a means to return offenders to the originating jurisdictions when necessary.