Getting Permission for Work-Related Travel While on Probation
My question involves criminal law for the state of: Kansas
My question is two-fold.
Backstory:
My husband and I are both travelling workers that go from state to state working industrial construction projects that last anywhere from 3 months to a year at a time. Last May, we were caught with a sizeable quantity of personal use methamphetamines in the state of Kansas while working there. Since I had no criminal history my case was pushed through quickly and after pleading guilty to felony possession and a dui, I was sentenced to Community Corrections (probation on steroids) in Grant County, KS for a term of 1 year (80% minimum time must be served). Hubby, however, had several felonies when he was 17 but it is on his Adult record and so he was looking at much more time. (He took the bulk of the drug charges to try to keep me out of trouble) After a battle with our home state of NC to release his criminal record to KS, he was finally sentenced this week (almost 10 months after our initial arrest). His sentence is 18 months Community Corrections.
Both of us work for the same Employer and when we complete a project in one location, they transfer you to another project immediately. The job we are on now is coming to an end and we just found out that our Probation Officer will not even consider an interstate compact agreement. By forcing us to stay here in SW Kansas, it will make both of us lose our jobs. We have both been 100% clean since our arrest and living a good life now. How can forcing us to lose our jobs further our recovery and rehabilitation? It seems counterproductive to me. No job, depression sets in, money troubles creep up and that is never a good sign for a recovering addict. There is no work around here save the bar (which we are forbidden to step inside) and the local farms (you have to be bilingual which we are not).
Is there any hope in filing a motion to force the PO to allow transfer to our new project location?
Also, my husband's charge was for distribution due to quantity of the drugs and he is forced to file on the "offender registry". The same registry that Sex Offenders have to register with. Is this the same in every state? Even if we are forced to stay here for the whole 18 months, and are both released, how do we know if the state we move to makes drug offenders register (the time in Kansas he has to register is 15 years). I have tried to find similar registries in other states and only see ones about Sex Offenders. Whats the deal?
Re: Getting Permission for Work-Related Travel While on Probation
Not only does your PO not have to grant a discretionary transfer, but the state you intend to travel to doesn't have to accept one. Read the FAQ here. Read the detailed rules here.