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Interstate Transfer of Probation

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  • 07-10-2010, 10:58 PM
    bearae1
    Interstate Transfer of Probation
    My question involves criminal law for the state of: Indiana/Texas

    My husband & I lived in Indiana until Nov 08 with my youngest son. When my husband got a job transfer to Texas I allowed my son to stay with his friend's family for a month or two until we were settled here. In short, in Jan 09 he was arrested & charged with 2 felonies. He has been caught up in the system & is serving time in the county jail.

    My two other children had already moved to Texas (military) so now all the family resides in Texas cities. My son will begin work release in January & is due to be released next year around October but he has been ordered to serve 2 1/2 yrs. probation.

    When he is released from county jail, is it possible for him to come live with his family in Texas and have his probation transferred to Texas?

    :confused: Thank you...Worried Mom
  • 07-11-2010, 07:29 AM
    LawResearcherMissy
    Re: Interstate Transfer of Probation
    Quote:

    When he is released from county jail, is it possible for him to come live with his family in Texas and have his probation transferred to Texas?
    It is, but there's no guarantee that he will be transferred.

    Such transfers are at the discretion of the PO. He may have to stay in his current jurisdiction for a period of time before being permitted to move.
  • 07-20-2010, 08:25 PM
    bearae1
    Re: Interstate Transfer of Probation
    Thank you for your reply.
    My question now is...since my son will be 21 in December and is an adult, can I contact his probation officer in Indiana & look into the possibility of a transfer?:confused:
  • 07-21-2010, 11:46 AM
    hkersey
    Re: Interstate Transfer of Probation
    It is always a possibilty. However your son needs to initate the transfer process by talking to his PO, there is a $150.00 non refundable fee that he will have to pay to even have Interstate Commerce look at the file, if they say yes, then the state he is currently in will prepare the paperwork and send it to the state of Texas, at which time Texas will do reserach and probably verify residence. Have your son ask his PO to put on the transfer paper to TExas that it is Mandatory, I read somewhere that if it is immed. family such as parents, wife, child etc. that Mandatory could be requested. Just also make sure your son stays out of trouble from now until the transfer happens, although just because the Mandatory part will be put on there does not mean it will happen.
  • 07-25-2010, 02:00 AM
    bearae1
    Re: Interstate Transfer of Probation
    When he is assigned a PO I think I will contact him/her. In the shortrun, I wonder how this works...how can he be released from jail with no money, no job and not knowing anyone in the area? I'm sure he has to inform the authorities where he plans to live before his release. If he has no where to go I have a hard time believing they would just release him to the streets with no where to go....also he will now be a convicted felony. ???
  • 07-25-2010, 08:08 PM
    free9man
    Re: Interstate Transfer of Probation
    Quote:

    Quoting bearae1
    View Post
    When he is assigned a PO I think I will contact him/her. In the shortrun, I wonder how this works...how can he be released from jail with no money, no job and not knowing anyone in the area? I'm sure he has to inform the authorities where he plans to live before his release. If he has no where to go I have a hard time believing they would just release him to the streets with no where to go....also he will now be a convicted felony. ???

    Yes, he is now a convicted felon. Depending on the exact nature of his felony convictions, his life is either going to be really difficult or really,really difficult from here out.

    No, you should not go to his PO. He is a grown man and must deal with this himself. I know a mother's instinct is to protect her young but he jumped out of the tree and fell flat on his face. You have to let him pick himself up and try to fix his life. You going to the PO before he ever has a change to discuss it with the PO is not going to win him any points.

    It is possible not having a local place will cause him problems. Without some type of support system available, he would be in danger of failure or re-offending. But with jobs as difficult to find now for non-felons, he may have real trouble. Is there no one who could take him in/let him crash while you try to iron things out?
  • 08-01-2010, 11:03 AM
    bearae1
    Re: Interstate Transfer of Probation
    No, there isn't anyone in IN for him to stay with. His 'friends' live with their parents. The only person he has in Indiana is his father that is 2 hours away, but he 'divorced the kids' when I divorced him. He has no contact with any of our 3 or our 1 grandchild for that matter and when I have tried to contact him he text me and said 'talk to my wife not me'. So he is worthless and doesn't care. Short of me leaving my husband here part of the time to go rent a room or cheap hotel for my son & I to live in I don't know what to do, and I don't have funds to allow that anyway. My son has a place to stay here with us or with his sister and her husband 3 hours from me. We want to help him get a start on a new life, but without a transfer of probation from Indiana to Texas we are lost.

    Yes, he is a convicted felony. 2 thief's and a battery, 3 seperate cases.
    At this point I feel my hands are tied. The grief and stress is taking it's toll on me.
    I don't know what to do.............
  • 08-01-2010, 11:38 AM
    cyjeff
    Re: Interstate Transfer of Probation
    This may be the time you step away.

    I know this is hard, but 3 felonies are not an isolated incident. Time for your boy to find out how badly the world sucks when you don't think before you leap.
  • 08-01-2010, 11:59 AM
    Mitch
    Re: Interstate Transfer of Probation
    Your son may request an interstate compact transfer within 90 days of being released. The rules governing interstate compact transfer are very specific. If an offender meets those requirements it automatically becomes "mandatory transfer" meaning the receiving state must show just cause why said transfer cannot be accepted. If an offender only meets the partial requirements for transfer, the sending state can send said request as a "Discretionary" transfer. If it is submitted as discretionary, the receiving state has the option to deny or approve based on local rules and regulations. If a transfer is submitted as "IMMEDIATE" it will more than likely be denied unless it pertains to: an pending death in the family; offender needing medical treatment to prolong his life with said treatment only being available in that state; pending death of the offender wishing to live out remaining time with family. Interstate Compact Transfer submitted for: Family, Residents of Receiving State an offender has a better chance of his transfer being accepted by the receiving state. I would recommend that your son obtain a letter of support from you stating your relationship to him, willingness to accept him in your home, able to provide financial and moral support until which time he can fully support himself. Also include that you (if possible) are able to help him financially with any fees outlined in the conditions of parole/probation. If he has a job lined up when he gets out; include a letter from that prospective employer. To learn more regarding interstate compact transfers I recommend you visit the following website as it will explain transfers in more detail: http://www.interstatecompact.org Time frame involved for the receiving state to process a reply can take up to 45 days.
  • 08-04-2010, 11:44 AM
    bearae1
    Re: Interstate Transfer of Probation
    Quote:

    Quoting Mitch
    View Post
    Your son may request an interstate compact transfer within 90 days of being released. The rules governing interstate compact transfer are very specific. If an offender meets those requirements it automatically becomes "mandatory transfer" meaning the receiving state must show just cause why said transfer cannot be accepted. If an offender only meets the partial requirements for transfer, the sending state can send said request as a "Discretionary" transfer. If it is submitted as discretionary, the receiving state has the option to deny or approve based on local rules and regulations. If a transfer is submitted as "IMMEDIATE" it will more than likely be denied unless it pertains to: an pending death in the family; offender needing medical treatment to prolong his life with said treatment only being available in that state; pending death of the offender wishing to live out remaining time with family. Interstate Compact Transfer submitted for: Family, Residents of Receiving State an offender has a better chance of his transfer being accepted by the receiving state. I would recommend that your son obtain a letter of support from you stating your relationship to him, willingness to accept him in your home, able to provide financial and moral support until which time he can fully support himself. Also include that you (if possible) are able to help him financially with any fees outlined in the conditions of parole/probation. If he has a job lined up when he gets out; include a letter from that prospective employer. To learn more regarding interstate compact transfers I recommend you visit the following website as it will explain transfers in more detail: http://www.interstatecompact.org Time frame involved for the receiving state to process a reply can take up to 45 days.

    Thank you Mitch for this valuable information. I will look into this.
    I understand that my son is now a man and must accept the consequences for his actions. But it doesn't make it any easier as a mother. His father may have abandoned him and his siblings, but I won't. I can't fix his wrongs but if I can help him along the way I will. What mother would just forget about their child and let them live under a bridge? Or live a life in prison because they have no where else in the state to go? My children were raised in a happy healthy middle class environment with all they needed and most of what they wanted. There is no excuse for what he has done with his life but if I don't try to help guide him I have failed as a mother.

    The one that is really paying the price for his crime is me. Guilt, sadness, depression and feelings of hopelessness are a everyday thing for me. I may not have bars around me, but I am being punished for his crimes if the law will not allow me to work with them and help keep him out of their system.

    Just how many convicts make it on their own with no outside help of family or friends? I just want my son to be an asset to society not a repeat offender because he has no other way to survive...
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