A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact
A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact – Before you can transfer probation from Colorado to another state – the “accepting state” has to approve the transfer and there are several loops to jump through.
The Interstate Compact for Adult Offender Supervision
All 50 states, DC, Puerto Rico and The US Virgin Islands have agreed to permit those placed on probation in the member states to be supervised in the target or the “receiving state.”
The Interstate Commission for Adult Offender Supervision (ICAOS) is the body that actually controls the movement of offenders under the rules and regulations of the Interstate Compact.
If you are so inclined – there is website that explains – in excruciating detail – the Interstate Compact – just follow this LINK www.interstatecompact.org
Misdemeanor Probation And Transfer Under The Interstate Compact
If a person is place on misdemeanor probation in Colorado and his – or – her sentence involves one year or more of probation supervision AND the criminal offense includes one or more of the following:
An offense in which a person has incurred direct or threatened physical or psychological harm;
An offense that involves the use or possession of a firearm;
A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol;
A sexual offense that requires the offender to register as a sex offender in the sending state.
THEN – that person is elegible to have their case transferred under interstate Compact Rule 2.105
The Criteria For Misdemeanor Transfer Under the Interstate Compact
To be eligible for transfer the applicant must meet the following requirements:
The offender must have more than 90 days or an indefinite period of supervision remaining at the time the transfer request is submitted,
The offender must have a valid plan of supervision,
The offender must be in substantial compliance with the terms of supervision, and
The offender must be a resident of the receiving state, or
The offender has resident family in the receiving state who has indicated a willingness and ability to assist and the offender can obtain employment there or has a means of support, or
Although not a resident of the receiving state and not having family residing there, the receiving state consents to such a person being sent (discretionary transfer.
In addition, as provided in the Compact rules, the following offenders are eligible for transfer under the compact:
ALL Probationers With Sentences Of One Year Or More MUST Use The Compact If They Relocate
If a person is on probation for one year or more and wishes to transfer to another state – and they meet the criteria above as to the nature of the conviction – the transfer MUST occur under the Interstate Compact even if the specific sentencing Court has permitted long distance supervision – such as by mail. Rules 2.105 and 2.110
The Judge Cannot Order The Transfer Prematurely – ALL Transfers Must Follow The Compacts (Red Tape) Procedures
The probationer cannot simply relocate to another state without the “receiving state’s permission.” A transfer request must be submitted for all offenders who wish to relocate out of state and who are eligible for transfer of supervision per Rule 2.110. Eligible offenders may relocate to another state only with the receiving state’s consent.
However – a Court CAN permit an applicant to move to another state while the transfer request is pending investigation by the receiving state, EVEN IF the applicant has not yet or been granted “received instructions” by the receiving state. But, the danger is this, a transfer can be rejected if the applicant is found to be living in the receiving state without permission. Rule 2.110
Reporting Instructions Are The Key
Reporting instructions are the orders issued to the probationer by EITHER the “sending or the receiving state.” Each state has an Interstate Compact Office that communicates with the other state’s mirror agency – it is all very organized and the procedures are mandatory. Essentially reporting orders means the receiving state and the sending state have agreed that the receiving state will provide probation supervision over the applicant. Rule 1.101
Under some circumstances – applicants who are already living in the receiving state as residents MAY BE ELIGIBLE to receive reporting instructions. If it is verified that the applicant an applicant is eligible for reporting instructions, the relevant Interstate Compact Office may agree to the transfer.
The Role Of The Ubiquitous Travel Permit
It has been my experience that sending and receiving states are inconsistent on the issue of whether a “travel permit” can be used prior to receiving reporting instructions.
The Compact says that (excepting sex offenders) a supervising officer may issue a provisional 7-day travel permit to applicants already living in the receiving state at the time of sentencing and if reporting instructions have been requested.
BUT the receiving state can still deny the request for reporting instructions at which point the applicant is ordered to return to Colorado by a specified date.
If the applicant fails to return – a warrant must be issued within 10 days following that failure to return to Colorado.
The rule is this – the Compact provides that an applicant is to remain in Colorado while waiting for the other state to respond to their transfer request. If the applicant does not have reporting instructions – the law requires the applicant to remain in Colorado until the receiving state notifies Colorado of the acceptance of the case and reporting instructions are received.
Again – there is an exception for persons who are employed in the receiving state at the time the transfer request is submitted. These individuals can continue with their employment while the transfer is being investigated. Rule 3.102
Count On It Taking 45 Days For A Transfer To Take Place From The Date Of The Request
Acceptance is made by email. Reporting Instructions and a Notice of Departure is then sent by the sending state to the receiving state when the applicant departs Colorado.
Under Interstate Compact Rule 3.107 – The amount of information required by the receiving state is quite large – (these decisions are NOT AUTOMATIC):
What follows is the information communicated in the application for transfer under the Compact:
A Transfer Request Form with complete and verified information
A Copy of the Offender’s Application for Interstate Compact Transfer form signed by the offender
A Narrative Description of the instant offense in sufficient detail to describe the circumstances, type and severity of offense and whether the charges has been reduced at the time of imposition of sentence
A Digital Photograph of offender
All Supervision Orders with all conditions of supervision
All known order(s restricting the offender’s contact with victims or any other person
All known orders protecting the offender from contact with any other person
Any Information regarding sex offender registry and requirements
The PSI/Post Sentence Investigation, unless distribution is prohibited by law or does not exist
The Supervision history if the offender has been on supervision for more than thirty (30 calendar days at the time the transfer request is submitted
Any Information as to whether the offender has a known gang affiliation, and the gang with which the offender is known to be affiliated.
All Information relating to court ordered financial obligations
Any Indication that supervision of the offender is a victim-sensitive matter
A Summary of prison discipline and mental health history during the last 2 years.
“Visitation ” Travel Permits – The Loophole
If the Compact Transfer applicant wants to travel to the receiving state for visitation purposes Interstate Compact approval is NOT required. The Compact requires only that a transfer request needs to be submitted if a compact eligible offender relocates to another state (remains in another state for more than 45 consecutive days in any 12 month period). The rule is ambiguous because it also says that applicants are not permitted to travel to a receiving state while a transfer request to that state is pending. See Rule 1.101 and 3.102
What Kind Od Probation Supervision Can You Expect In The Receiving State?
The receiving state monitors the probationer’s compliance with the conditions of supervision as they would supervise the same type of offender who has been sentenced in their state.
Annual progress reports as to the offender’s level of compliance with supervision are sent and all violations of probation are reported to the sending state. The person is also monitored by a probation officer in Colorado while the offender is out of state.
If the probationer violates the conditions of supervision a violation report is immediately send to Colorado with a recommendation as to what action should be taken.
Conclusion – A Complex Set Of Rules And Standards
I am including a link to a judges bench book on this subject matter because of the summary nature of this article and because this is a very complex area of the law. I wish the reader luck in their quest to transfer their probation.
A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact
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