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  #1  
Old 10-29-2010, 09:40 AM
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Default Transferring probation

We will be transferring probation to KY because hubby will be released the 2nd of December. We are working through all of the paperwork now, but I'm wondering what happens on my end with all of this? I have been seeing that there is a home inspection? What are they looking for? Do I need to remove alcohol from the house? I don't want to be denied because of something dumb. Also, are the rules of probation the same for everyone? I guess what I'm asking is that if the reason for probation is due to the need to pay restitution for monies stolen is it different than being on probation for a violent crime or drugs and alcohol? Thanks for the information in advance!
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Old 10-29-2010, 03:28 PM
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The basic rules of parole/probation are the same: no drugs, no weapns, no alcohol. Don't have a liquor cabinet or even a beer in the fridge or hunting rifles on the wall. If you have a pitbull/rotweiller, find them a home. Yes, there should be a home inspection so the PO can approve the Home Plan. He will not call ahead of time, he'll just show up. If you're not home, he'll leave a calling card. Often there are other rules depending on the crime/PO. You rhusband will have (I think) 24 hours to report to his PO after release. The PO will give him a handbook and go over all the restrictions with him. Breathe sweetie! and a big congratulations on his Homecoming!!!!!!
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Old 10-30-2010, 09:18 AM
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Thanks so much! Man, I don't want to give up all of my alcohol LOL. It's not like we drink all the time, just maybe once a month. Maybe I'll just take it to my mom and dad's house and just head over there. It just stinks that that's the way it has to be for the next 12 years, but it's worth it to get him home. We ahve never had a weapon in the house other than kitchen knives lol. I am quite anti gun ;-) No issue with the dog either. I think I'm set other than to remove the alcohol from the house. Do they go through cabinet and everything...like a total invasion of space or is a quick peek and they are done? I'm just trying to prepare myself mentally. Like is he going to be going in for drug testing all the time as well? Not that it would ever matter because he has never touched anything in his entire life, but it's just another one of those things you know? Guess I need to figure out how to get the house perfected and keep it clean all the time with 3 littles running around. This could for sure be interesting!
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Old 10-30-2010, 12:12 PM
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Po's have been known to at least open the fridge door and peek inside. They can and will search closets/drawers if they want to, but I've never had that happen. Usually they just walk around and look at what's inplain sight. But you know how it works, the first time you a beer in the fridge will be time he shows up and looks in there! As long as he is reporting to the PO they can/will drug test him periodically and randomly. If he does well on parole (usually for a year or so +), the PO can designate him "unsupervised." All that means is that he won't have to report and there will be no more home visits unless he gets in other trouble.
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Old 10-30-2010, 01:02 PM
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Po's have been known to at least open the fridge door and peek inside. They can and will search closets/drawers if they want to, but I've never had that happen. Usually they just walk around and look at what's inplain sight. But you know how it works, the first time you a beer in the fridge will be time he shows up and looks in there! As long as he is reporting to the PO they can/will drug test him periodically and randomly. If he does well on parole (usually for a year or so +), the PO can designate him "unsupervised." All that means is that he won't have to report and there will be no more home visits unless he gets in other trouble.
OHH so does unsupervised mean I can bring back my tequila?? I have no doubt that he will be under that kind of status within a year. I'm glad to know he most likely will not have to do all of that crap for an entire 12 years!
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Old 10-30-2010, 05:28 PM
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Depends on the PO as to how long he will be "supervised." And it depends on your husband....not necessarily new charges, but even little things like paying the supervision fee every month, no speeding tickets (no contact with LE at all stuff), being on time for appts, no dirty UAs etc. And once off supervision, if there are any problems (LE called for loud party etc) he will go back on supervision (and possibly pv'd).
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Old 10-30-2010, 07:51 PM
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Depends on the PO as to how long he will be "supervised." And it depends on your husband....not necessarily new charges, but even little things like paying the supervision fee every month, no speeding tickets (no contact with LE at all stuff), being on time for appts, no dirty UAs etc. And once off supervision, if there are any problems (LE called for loud party etc) he will go back on supervision (and possibly pv'd).
I really just don't see anything bad happening. I guess our lawyer said it best when he said....how may years were you a law abiding citizen before your screw up?
Anyway..they can violate you for speeding?? That seems so odd to me, but again all this is foreign. Can you pay supervision fees in advance? It seems a bit scary though, like you have to live on the edge for things that most people don't blink an eye about. I wonder if a judge can clarify probation..as in the reason soley for him being on probation is to pay restitution. It seems like a judge could have some sort of power in saying he is not to be violated except in the matter of not paying up know what I mean? It just seems totally silly to me.
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Old 10-30-2010, 08:17 PM
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Its highly unlikely that he would be pv'd for a speeding ticket, unless it gets to be a habit. The main point is that he needs to avoid any contact with LE for any reason. Often when on parole/probation one of the instructions is to not leave the county unless looking for emplyment; if leaving the state he will need permission from his PO and to sign traveling papers (I've had to do that). Don't chance take the risk of going to visit relatives out of state and get a speeding ticket. It isns't the speeding ticket that'll get ya as much as the being out of state w/o permission. The PO will go over all the "if's and's or but's" when your hubby makes his first visit.
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Old 10-31-2010, 07:30 AM
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Its highly unlikely that he would be pv'd for a speeding ticket, unless it gets to be a habit. The main point is that he needs to avoid any contact with LE for any reason. Often when on parole/probation one of the instructions is to not leave the county unless looking for emplyment; if leaving the state he will need permission from his PO and to sign traveling papers (I've had to do that). Don't chance take the risk of going to visit relatives out of state and get a speeding ticket. It isns't the speeding ticket that'll get ya as much as the being out of state w/o permission. The PO will go over all the "if's and's or but's" when your hubby makes his first visit.
Thank you for talking this through with me. I feel more jittery about this part of it than the actual incarceration! I guess I have a bad case of the unknowns that just sends me into a tailspin.
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Old 10-31-2010, 08:36 AM
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I've got a feeling ya'll will do just fine After he's home & sees his PO, you should read through his papers/handbook too so you both know what he can/can't do. Two heads are better than one. When in doubt, its perfectly ok to call the PO and ask for clarification--and document that call (time/date/who you talked to & exactly what was said) just as a precaution.
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Old 11-01-2010, 11:56 AM
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Sometimes PO's come by and look in your garbage. That happened to my brother-in-law and he got revoked when they found beer cans.

Also, in Kentucky, a law was passed a year or so ago that even if you have served your entire parole time and have no time left at all to serve, but haven't paid all of the restitution, you can be revoked to do however much time they want to give. Driver's licenses can be suspended for not paying also.
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Old 11-01-2010, 04:51 PM
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is it parole or probation? Can you tell me the code for that law by chance so I can look it up?

I don't really worry about them checking in the trashcan. Heck...I might throw some womenly items on top of each bag LOL...think they will still look? I'm totally kidding by the way. We only did social drinking maybe monthly so it's not a huge deal to give up. I haven't had a drink in over a year now. It's just not a big enough part of our life to worry about it.

And the drivers license? That is about the most dumb thing I have heard of...let's take their transportation to get to work and then violate them for not working. Man the system is so SO screwed up!
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Old 11-01-2010, 07:18 PM
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http://lrc.ky.gov/KRS/439-00/563.PDF

look at #5.
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Old 11-03-2010, 01:24 PM
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Thanks a bunch. I just read in the Interstate compact and see that it is all based on the sentencing states law if you transfer probation. Bummer because I liked the $ cap of KY ;-)
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Old 11-03-2010, 01:24 PM
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Do you know how long they have after release to report?
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Old 11-03-2010, 10:00 PM
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If I remember correctly, it was 24 hours.
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Old 11-23-2010, 07:44 PM
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I really feel like I need to mention something here. While to those of us on the outside these rules can seem kind of silly, or outright stupid, it is important to remember that things can turn really bad very quickly. Something as innocent as a single drink can turn into a violation. Doing something the PO thinks is shady will make him look more closely, and if they want to find a reason, they'll usually be able to do so.

All of that said, it isn't the most difficult thing in the world. Don't drink, don't leave the state, and don't do anything stupid. If you have a question about ANY action, don't do it at least until the PO personally tells you that it is OK. The rules aren't anything that most people can't follow without a problem, you just have to be willing to do it.
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Old 11-27-2010, 06:02 PM
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well here is something new. Hubby got his papers and his rules of probation and the only things checked off are that he will not have any contact with the victim and will make restitution. Nothing else was marked on the rules at all. Also, how long do they give you to get a job and start paying back? I mean you can't get blood out of a turnip so I'm a bit confused about it. He will be getting a job as soon as possible, but I don't have money saved back to make these massive payments that the judge ordered. I think we will be heading up there to get the payments adjusted because they truly are unreasonable to someone with a felony conviction. I don't care how much education you have...if you wear that scarlet F on your background check your practically doomed.
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Old 11-27-2010, 08:22 PM
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I was working on my Master's when I got my felony (03/09) and finished it up while unemployed. I'm still unemployed over 1 1/2 years later, but have been applying for top-o-the-line employment.....McD's is sounding pretty good right now. I've been practicing "you want fries with that?" And that's not funny. Its a very very tough market right now with the economy being what it is and having that felony on top of that. I'm not trying to bum you out, I just don't know what to tell you. As for the restitution, if you can get the monthly payment amount lowered, please do! He may have to take a job that he don't want and doesn't pay well, but it will show that he's willing to do whatever it takes to stay out of prison and will lead to something better in the long run. A friend of mine that got out in July after serving 9 years has recently found a job--finally. He doesn't like it, its only 9.00 per hour, but its a start. And he is thankful for that.
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Last edited by patchouli; 11-27-2010 at 08:23 PM.. Reason: add comment
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Old 11-27-2010, 08:47 PM
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Nope, not bumming me out a bit. I know he already has a paper route to do. It's something he did just after it hit the media here and he lost his job. The guy is very willing to have him come back to do that. Not bad money for the time involved. I also already have a very probable lead to a car dealership. Selling cars is actually what he really loves to do...not sure why in the world he went so far with school lol. So I may be too optimistic, but the feedback from the people that know of the situation are very open to giving him a chance. He was able to sell I believe 25 cars his first month in car sales and that was in the horrifying economy (not that it's much better now). SO I'm holding out for that and I have decided to not worry until I have too right?
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Old 11-27-2010, 09:53 PM
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I'm glad he has options and doesn't have his head in the sand. My Mr is a heavy equipment operator by trade but can fix/do anything (he's an "old timer"). I'm actually thinking of getting a small business loan & incorporating (LCC) and gving him a job.....at least on paper, don't know how much of living we'll be able to make but its worth a shot. At this point I'd rather we were self-employed than not employed at all. I'm just thinking out loud here, I need to research zoning etc. Sounds like ya'll have some goals/opportunites and that's the important part. That and Don't ever give up!
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Old 11-28-2010, 09:50 PM
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Is it possible that once he is able to come home they will allow him to come to TX from KY since I am going to want him to stay with me and he does not have any family in KY.
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The basic rules of parole/probation are the same: no drugs, no weapns, no alcohol. Don't have a liquor cabinet or even a beer in the fridge or hunting rifles on the wall. If you have a pitbull/rotweiller, find them a home. Yes, there should be a home inspection so the PO can approve the Home Plan. He will not call ahead of time, he'll just show up. If you're not home, he'll leave a calling card. Often there are other rules depending on the crime/PO. You rhusband will have (I think) 24 hours to report to his PO after release. The PO will give him a handbook and go over all the restrictions with him. Breathe sweetie! and a big congratulations on his Homecoming!!!!!!
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Old 11-28-2010, 10:42 PM
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Is it possible that once he is able to come home they will allow him to come to TX from KY since I am going to want him to stay with me and he does not have any family in KY.
You need to look into the interstate compact. Typically you can transfer it if you were living in the other state before sentencing and have established yourself there as well as have family there. It's always possible to transfer, you just may have to endure A LOT of red tape to get there and even then I said it was a possibility, not a for sure thing. He would need to talk to his probation officer. They may require him to have a job already in place in TX before considering it among a lot of other garbage.
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Old 11-29-2010, 10:17 AM
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The rules are pretty strict for Interstate Compact and I believe he'll have to parole at least to a family member if you are not married. If you're married, it shouldn't be a problem. Here is a link to the Probation, Parole & Supervision forum.....there is a "sticky" at the top of the forum that will help answer your questions. there are also numerous threads on the subject. Don't procrastinate, from what I understand there are time restrictions/deadlines. Good luck!
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Last edited by patchouli; 11-29-2010 at 10:17 AM.. Reason: add link
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