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  1. #1

    Default Interstate Compact While on Probation

    My question involves criminal law for the state of: Hawaii to Oklahoma

    My brother is currently in prison in Hawaii until September. He has contacted me and asked me to put the wheels in motion for him to complete an Interstate Compact to transfer him to Oklahoma.

    He meets all the guidelines as listed in the ICAOS Rule 3.101. The interstate compact itself does not require him to have a place of employment but the rules of his probation require him to have a full time job or be enrolled in an educational or vocational training program.

    My question is, I am having a hard time finding him employment here in Oklahoma without him being here to conduct an interview. I am going to talk to his P.O. in the next few days, but I was wondering if someone could give me some idea as to if they believe he would need to have a job here in Oklahoma before they would accept the compact?

    Also, it suggests that all the court fees etc be payed prior to the compact, but there is a good chance those will not be paid, how much does this hurt his chances of transfer?

    Also, his charge was burglary of the 2nd. He has also made a DAG plea. I do not believe either of those have any affect on his transfer but I decided to include them to be safe.

  2. #2
    Join Date
    Sep 2010
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    19,590

    Default Re: Interstate Compact While on Probation

    It is entirely at the discretion of both the sending and receiving probation departments. If his costs are not paid, he probably will not be considered for transfer without them either being paid or set up on some sort of payment plan (don't know about Hawaii, but other states will let you make modest payments with interest until the debt is paid off). The lack of a job or prospects for one is going to be stickier. At least some letters from employers granting him an interview would help. He may need to wait until he released on probation, apply for a travel permit to go look for a job, and when he gets one get the formal transfer.
    Many probation departments will allow him to "phone it in" or whatever while the routine paperwork is processed. It can take several months for an official transfer to happen (I've seen it take eight months just to go from PA to VA).

  3. #3

    Default Re: Interstate Compact While on Probation

    I am not sure if it counts as a payment plan but the court requires him to pay $10 minimum a month till his costs are paid off.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Interstate Compact While on Probation

    Is that a reporting fee or a fines payment? Is he on probation or parole?

  5. #5

    Default Re: Interstate Compact While on Probation

    He will be on probation for 5 years because of taking the DAG plea. The P.O. told him after a year or two of doing ok on probation there is a good chance they will drop the other years all toghether.

    It is his restitution/fees. Also, when filing for the compact, does he need to have all this paid before hand or can he get the process of the compact going and then finish paying off his restitution/fees while it takes its several months of processing or does he need to have it all paid etc before we even start the compact?

    Also, I would be asking his P.O. but he is out of the office for another week so I was just trying to go ahead and gets some answers.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Interstate Compact While on Probation

    We don't have a DAG here. At least it's not called that. The compact is pretty standard for the country. The problem that people have sometimes, is that the arresting state will approve the transfer, but the receiving state won't. Reporting fees are usually granted to the monitoring state. If he has reporting fees once he gets out. HI will keep them until OK takes the case. Restitution can sometimes be mailed into the home probation office. Failure to pay that off in full will result in a violation. Even from OK, HI will expect him to appear. If he's allowed to go, he will be given reporting instructions before he is allowed to leave HI. That would explain it all to him.

  7. #7

    Default Re: Interstate Compact While on Probation

    So should we try to go ahead and get all his fees/restitution paid off before we start the compact or would he still be considered for the compact?

    Also, in regards to his employment. While he meets all the requirements for mandatory transfer, since his probation requires him having a full time position within 60 days of release. He already had a temporary full time job lined up in HI but until he gets to OK unless we can find someone to take him without an interview we would not have a job for him. I know its probably more a job for the P.O. but is there any chance he could be considered for transfer even if an employer has not yet been found. He could work temporarily with my father but the position would not be full time.

  8. #8
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Interstate Compact While on Probation

    It's up to the courts. Like I said, HI might let him go, but OK might say until he finds guaranteed gailnful employment, he can't come. They may allow for him to travel to OK for interviews upon his release, but that would contingent with an itinerary that spells out all the travel arrangements.

    Most states don't want to release and receive a defendant unless they know he won't be a burden to the receiving state. It also gives him a better chance to get HI's approval if they get the money due to them before he leaves. Although, it is possible that they'll let him go without it.

  9. #9

    Default Re: Interstate Compact While on Probation

    Alright, I will continue to see what we can find for him. We are to the point of checking with friends of friends. He is willing to do any kind of work so its just trying to find someone. There are plenty of factories, etc here but since we have no idea of a date he could start it makes it very difficult to even fill out an application for employment for him.

    Thanks so much for your help.

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