Transferring Juvenile Probation Between States
My question involves juvenile law in the State of: Florida to Illinois
My son who is 15 yrs old is on probation in the state of Florida for Burglary, criminal mischief and aggravated assault. He has violated his probation 2 times and is currently in the juvenile department of corrections for 21 days for the violation. Since this is his 2nd violation they are looking to put him in a residential program for 18 months. we have spoke with his PO and asked if he could be sent to his grandparents house in Illinois to serve out the rest of his probation. it is a very small town with only 500 people and he goes there every summer and never gets in trouble. I think this would be the best option for him. the PO said he is will to do this or rather suggest this to the judge rather than sending him to a program. My question is this? How likely is it that Illinois will accept him? Do they have to take him or is this something they can refuse to do based on his charges? Also if they were to accept him how long does this process usually take from the time the transfer is initiated until the time it is completed and he is safely in Illinois? Thanks for your answers in advance.
Re: Transferring Juvenile Probation Between States
You would need to start by asking your son's probation officer if his intent would be to transfer probation, or to maintain probation in Florida while your son spends the time in Illinois.
In terms of a transfer the first issue is whether the judge is interested in this alternative or if he chooses instead to continue with the present plan for 18 months of incarceration. If the judge agrees, I would expect the probation officer to submit the transfer request to Illinois (if the intent is to transfer) within 14 days, and for Illinois to respond within two to six weeks; but it could take longer depending upon the full facts.
Re: Transferring Juvenile Probation Between States
If the residential program that is being offered is a residential treatment center or other therapeutic intervention, please think long and hard about turning it down. If it is a true RTC, it can have a long reaching positive effect on your son. Also, think about what will happen if he does not behave at his grandparents. Will they be able to keep him? What will the consequences be if he fails to obey them? fails to obey the law?