- Colorado Probation Violation Lawyer - https://www.colorado-probation-violation-lawyer.com -

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

A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact

By H. Michael Steinberg Colorado Probation Revocation Criminal Defense Lawyer – Email [email protected]

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

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:

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:

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:

“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

If you found any information I have provided on this web page article  helpful please click my Plus+1 button below so that others may also find it.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Probation Violation Criminal Defense Lawyer  – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article – A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

Colorado Experienced Criminal DefenseH. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg regularly appears and provides solid criminal defense for clients throughout the Front Range of Colorado – including the courts of:

Adams County (Adams County criminal defense lawyer), Arapahoe County (Arapahoe County criminal defense lawyer), City and County of Boulder (Boulder County criminal defense lawyer), City and County of Broomfield (Broomfield County criminal defense lawyer), City and County of Denver (Denver criminal defense lawyer), Douglas County (Douglas County criminal defense lawyer), El Paso County – Colorado Springs (Colorado Springs criminal defense lawyer), Gilpin County (Gilpin County criminal defense lawyer), Jefferson County (Jefferson County criminal defense lawyer), Larimer County, and Weld County ( Larimer and Weld County criminal defense lawyer,….

and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article -A Colorado Criminal Lawyer On – Transferring Misdemeanor Probation Between States – The Interstate Compact.