Can Probation Be Transferred State To State?

Probation / Tuesday, November 28th, 2017

Probation, at times, can be a double-edged sword. While it allows you the freedom to be able to serve punishment for a crime outside of prison, it often comes with a lengthy list of conditions and procedures you must adhere to during your probation period. Although moving out of state is considered something you are typically unable to do while on probation,  you may qualify for relocation through an Interstate Compact application.

The Interstate Compact is distributed and evaluated by The Interstate Commision for Adult Offender Supervision. Their job is to supervise the process of a probationer’s transfer and make sure all necessary information, including sentencing length and all other conditions, are transferred successfully.

In order to qualify for a probation transfer, both states involved must agree to it. If you are moving from Florida to another state, Florida must agree to transfer you out of state and the new state must agree to receive and supervise you.

Applications must be completed before you leave the state. If an attempt is made to apply for the Interstate Compact while you are not in the state, you will certainly be rejected. A probationer also must have at least 3 months or 90 days left of a substantially compliant, supervised probation period. Substantially compliant means the probationer must be have completely agreed with the terms and conditions of their probation and have been proven to follow through with them. In order to be accepted, a probationer must meet at least one of the following reasons for relocation:

  • Probationer is a resident of the receiving state
  • Probationer has resident family in receiving state that are willing and able to help them
  • Probationer is an active military member who has been deployed
  • Probationer will live with an active military member who has been deployed to another state
  • Probationer will be moving with a family member who is relocating with their employer to maintain full-time employment
  • Probationer is relocating to a new state with their employer in order to maintain full-time employment and,
    • The probationer has a plan of supervision and support
    • The offense was a felony, eligible misdemeanor, or deferred sentence
    • The probationer is required to be monitored by authorities or has any other conditions imposed

A resident refers to an individual who lives in a particular state for at least one year prior to the conviction, consider the state to be their primary residence, and have not relocated to another state within 6 months of the application submission. Qualifying family members include parents, grandparents, aunts, uncles, adult children, adult siblings, spouses, legal guardians, or step parents who are willing and able to support the probationer and have resided in the state the probationer is moving to for at least 6 months.

It’s important to be advised by an attorney that is familiar with your county or state’s laws regarding the Interstate Compact to ensure your application is valid and ready for approval. Our team of experienced attorneys at Pinellas Criminal Law are able to assist you regarding the Interstate Compact and Probation Defense cases, contact us today!