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How to Transfer Probation to Your Home State

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  • 06-16-2014, 08:23 PM
    Elle4459
    How to Transfer Probation to Your Home State
    My question involves criminal law for the state of: NJ

    I am hoping someone can help me understand or suggest what can be done, a friend of mine had moved to another state after being gone from NJ for approx. 18 months charges were put against him for sexual offense of a minor tier 2 moderate ,, after a year of courts he plead guilty to a less offense at the advice of his attorney to avoid jail and dragging it to trail which he could not afford. he was given probation but not allowed to leave NJ he explained where he lived but they said he could not leave the state, even the judge new he lived in another state and the last thing his lawyer said to him after sentencing was go with the sheriff fill out the paperwork and go home.

    Well 1 year later and he is still in NJ but he is ill very ill. to boot he is an older person and lives in limited income and barely eat after he pays bills. he was allowed to visit his family in the other state twice wasn't that nice of them.

    He has ask his PO many times to transfer, he was told to get a copy of lease to prove he lived there I guess his DL wasn't enough so he did and when he handed it to PO he said I an not interested in that right now you have lots more to do before I will think about letting you transfer,,

    Is there anyone he can go to for help? He said he can't go to the supervisor it would make his P O harder to deal with.

    He has also accused him of failing 2 drug test and 1 alcohol so my friend goes to Dr. as soon as he is tested to be blood tested and never came up positive.. but that is for his own records he has not told the PO he does that.

    And it really make no sense that they would want the offender to stay in the same state when he could be hundreds of miles away..

    If anyone can suggest something he would greatly appreciate it.
  • 06-16-2014, 08:34 PM
    jk
    Re: Transfer Probation to Home State
    The PO has no obligation to allow him to move to the other state.


    If you are talking about actually transferring the probation to the other state, you have to have NJ's approval but you also have to have the approval of the new state too. They are not obligated to accept the transfer.
  • 06-17-2014, 07:46 AM
    Elle4459
    Re: Transfer Probation to Home State
    so even though he had no where to leave at time of sentencing, and the judge knew he lived in NC I thought I seen a code under compact that made his situation mandatory, that is what has me confused I guess I maybe misunderstanding it.

    Well thank you for you response.
  • 06-17-2014, 01:09 PM
    viol8te
    Re: Transfer Probation to Home State
    He moved. He relocated to another state for at least 18 months. He lived in NC, but not anymore. He voluntarily moved to another state and then, voluntarily chose to do acts that caused his arrest. Their is no obligation for the Compact to allow for a transfer. He's under the jurisdiction of the county he was convicted in, in the state that he was convicted in. Since he chose to uproot and relocate to NC, he's obligated to maintain residence there until he is given a chance to go back to where he wants. He has to abide by the rules of supervision. Believe me, his test results won't amount to a hill of beans in court. The probation department's will. He has to remain in complaince with probation before he can be transferred. Dirty drops is not compliant.
  • 06-17-2014, 01:48 PM
    jk
    Re: Transfer Probation to Home State
    Quote:

    Quoting Elle4459
    View Post
    so even though he had no where to leave at time of sentencing, and the judge knew he lived in NC I thought I seen a code under compact that made his situation mandatory, that is what has me confused I guess I maybe misunderstanding it.

    Well thank you for you response.

    are you talking about this:




    Quote:

    Rule 3.101 - Mandatory transfer of supervision
    At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:

    (a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

    (b) has a valid plan of supervision; and

    (c) is in substantial compliance with the terms of supervision in the sending state; and

    (d) is a resident of the receiving state; or

    (e)
    • (1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
      (2) can obtain employment in the receiving state or has means of support.



    and a note to go along with that:

    Quote:

    References:
    ICAOS Advisory Opinions
    7-2004 [While a sending state controls the decision of whether or not to transfer an offender under the Compact, the receiving state has no discretion as to whether or not to accept the case as long as the offender satisfies the criteria provided in this rule]
    so, to start with, I see nothing requiring the original state has a requirement to allow the transfer. Then, while under the rules in place, the receiving state may have to accept the transfer but there are conditions that have to be met before it can be mandated.

    and since he has this:

    Quote:

    He has also accused him of failing 2 drug test and 1 alcohol so my friend goes to Dr. as soon as he is tested to be blood tested and never came up positive.. but that is for his own records he has not told the PO he does that.
    he is not in compliance with the terms of his probation so.....................

    I would suggest that if he wants to transfer, he actually speak with his PO about this and toe the line on the terms of his probation. Until then, it would appear he is going to be a guest of the state of New Jersey.
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