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Old 01-30-2005, 10:20 PM
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Default Question about Interstate Compact - how does it work?

I am wondering what the Interstate Compact is... How does it work? My fiance was talking about it, but he did not really know a lot about it, and so he asked me to see what I could find out about it. Is this strictly for people who want to transfer their parole to another state? Or, is this also for people who would like to be incarcerated in another state? My fiance is currently in New Jersey, and I live in Pa. I hope that someone can help me, I searched for it, but I really did not find anything - didn't I look hard enough? LOL...
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Old 01-30-2005, 11:43 PM
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I don't know for sure, but I believe interstate compact is for probation state transfers. I have had several friends move out of state and had it done like that. The Florida D.O.C. homepage says alot about it somewhere. I know each state is different, but maby you can check out Floridas just to get an idea.
Maby it also means prison transfers too, I'm not sure. Good luck
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Old 01-30-2005, 11:45 PM
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Thats what I thought too, but my fiance seemed to think it was for prison transfers... Well, I will see what i can find, thanks for your reply
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Old 01-30-2005, 11:50 PM
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It's for people incarcerated in one state and wanting to parole into another. It also applies to people on probation in one state and wanting to move to another. If you're already on parole or probation, then you go through your PO in order to move.

In our case, my husband was in prison in Alabama and, when he made parole, he wanted to come to our home in Mississippi. He had to go through the Interstate Compact Department of both Alabama and Mississippi in order to leave the prison and come home.

Usually when somebody in Alabama makes parole and paroles into Alabama, they are released within a week or two. Because my husband wanted to parole into another state, it took 2 months once his parole was granted. Within the parole board there's an Interstate Compact department. His parole paperwork had to go from the Alabama Parole Board to the Alabama Interstate Comapct Department to the Mississippi Parole Board and then the Mississippi Interstate Compact Department and then back to the Alabama Parole Board.

Use the PTO search feature and type in "interstate compact." You'll find lots of information on it!

Best wishes to you!
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Old 01-31-2005, 02:25 AM
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Default interstate compact transfers

yes, interstate compact transfers are mainly for parole transfer but it can also be used for prison to prison transfers. the fiance needs to contact his counselor regarding that issue. another contact is at the new jersey state doc office. my husband is in the process of getting an 'ict' for "family matters". both states must be contracted for the 'ict' program for it to work.
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Old 01-31-2005, 07:39 AM
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<B>
INTERSTATE COMPACT FOR PAROLE/PROBATION – INFORMATION AND RESOURCES

Here you will find some information for the new Interstate Compact for Adult Offender Supervision to take effect August 1, 2004.

All states with the exception of Massachusetts have passed legislation enabling the new compact.




Transfer of Supervision

Request for transfer of a paroling offender
(a) A sending state shall submit a completed request for transfer of a parolingoffender to a receiving state no earlier than 120 days prior to the offender’s planned prison release date.


(b) A sending state shall notify a receiving state of the offender’s date of release from prison or if recommendation for parole of the offender has been withdrawn or denied.

(c)(1) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the fifth calendar day following the offender’s intended date of departure from the sending state.

(2) A receiving state that withdraws its acceptance shall immediately notify the sending state.

(3) Following withdrawal of the receiving state’s acceptance, a sending state must resubmit a request for transfer of supervision of a paroling offender in the same manner as required in 3.105 (a).
Request for expedited transfer
(a)(1) A sending state may request that a receiving state agree to an expedited transfer of an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination.


(2) (A) A receiving state that agrees to expedited transfer of an offender shall immediately issue reporting instructions for the offender, and a sending state shall immediately issue a travel permit.

(B) The sending state shall ensure that the offender signs all forms requiring the offender’s signature under sec. 3.107 (a) prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.

(C) At the time of transmission of the signed forms, the sending state shall provide the receiving state with a copy of the offender’s orders and conditions, documentation of the offender’s residency, copy of any available pre-sentence report, copy of any order of protection, where applicable, and whether the offender is subject to sex offender registration in the sending state.

(b) A receiving state shall assume responsibility for supervision of an offender who is granted a travel permit during the investigation of the offender’s plan of supervision.

(c) A sending state shall transmit a completed transfer request for an offender granted a travel permit no later than seven calendar days following the granting to the offender of the travel permit.

(d)(1) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 7th calendar day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request, direct the offender to return to the sending state by a date specified by the sending state.

(2) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender no later than 10 calendar days following the offender’s failure to appear in the sending state.

(3) The receiving state shall continue to supervise the offender until a warrant is issued or notice is given by the sending state as required under sec. 4.105.
Eligibility for transfer of supervision
(a) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision–


(1) is in substantial compliance with the terms of supervision in the sending state and
(2) is a resident of the receiving state; or
(3) (A) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and

(B) can obtain employment in the receiving state or has a visible means of support.

(b) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision.
Misdemeanants
(a) An offender who has been sentenced for a misdemeanor offense in the sending state shall be eligible for transfer under the compact, provided that all other criteria for transfer, have been satisfied, and provided further that the offender—


(1) Is subject to one year or more of supervision;

(2) Is subject to a sentence greater than six months of incarceration upon revocation of probation or other community supervision; and,

(3) Has not been convicted of or placed under supervision for a minor offense.

(b) In this section, “minor offense” does not include

(1) An offense in which a victim has incurred direct or threatened physical or psychological harm;

(2) A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; and,

(3) A sexual offense.

(A) In this section “sexual offense” means an offense which requires that a person register as a sex offender in the sending state.
Offenders subject to deferred sentences
Offenders subject to deferred sentences are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact. Persons subject to supervision pursuant to a pre-trial intervention program, bail, or similar program, or who are under supervision for a minor misdemeanor offense, are not eligible for transfer under the terms and conditions of this compact.

Offenders on furlough, work release
A person who is released from incarceration under furlough, work-release, or their pre-parole program is not eligible for transfer under the compact.

Offenders with disabilities
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.

Submission of transfer request to a receiving state
(a) Subject to the exception in sec. 3.103 (b), a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required information to the receiving state prior to allowing the offender to leave the sending state.


(b) Subject to the exception in sec. 3.103 (b), the receiving state shall be given the opportunity to investigate the proposed plan of supervision prior to allowing the offender to leave the sending state.
Time allowed for investigation by receiving state
(a) A receiving state shall complete investigation and respond to a sending state’s request for an offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact office. Receipt of completed transfer request shall be presumed to occur by the fifth business day following transmission.


(b)(1) If a receiving state determines that an offender transfer request is incomplete, the receiving state shall notify the sending state of that determination and the nature of the incompleteness no later than five business days following receipt of the transfer request by the receiving state.

(2)(A) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions.

(B) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender’s departure as required under sec. 4.105.
Collection of restitution, fines and other costs
(a) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.


(b) Upon notice by the sending state that the offender is not complying with family support and restitution obligations, and financial obligations as set forth in subsection (a), the receiving state shall notify the offender that the offender is in violation of the conditions of supervision and must comply. The receiving state shall inform the offender of the address to which payments are to be sent.
Violations of conditions of supervision
Upon a request by the receiving state and a showing that the offender has committed three or more significant violations arising from separate incidents that establish a pattern of non-compliance of the conditions of supervision, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state.
</B>
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Last edited by Tonys_BabyDoll; 01-31-2005 at 01:10 PM..
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Old 01-31-2005, 01:27 PM
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Thanks to all of you for the useful info.
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Old 01-31-2005, 09:30 PM
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PA has a few "special" considerations--he/she has to have been a full-fledged resident of the State at the time of the crime [that means a valid address of 6 months duration] for the State to consider that person for intrastate compact. For parole, besides meeting the residency criteria, they must live with a relative [no friend, girlfriend, fiance'] for their parole plan to be approved. Although the info. about says it has to be one or the other, the "informal" rule in PA is that the person needs to meet the residency requirement.

If one is applying to use the intrastate compact to move to another state prison when there is no hardship involved [and "to be closer to my family or girlfriend" is NOT considered a hardship], is far less likely to get this approval. And, even if he does get the transfer to a PA prison, there is no guarantee that he won't be placed in a prison that is 6 hours away from you anyway [I live in PA, too]. He can request the state but not the specific prison [just like in NJ].
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Old 02-05-2005, 05:05 PM
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The information Tony's Baby Doll has in her post of 1/31/05 on Interstate Compact is wonderful. I have spent hours searching the web for information and I came here and found everything I was looking for. Thanks Tony's Baby Doll!!!

I am researching Interstate Compact because my son-in-law was released from prison in Bear County, Texas in November, 2004. At the time of his release he requested a transfer back to his home state of Louisiana. The parole officer he had told him that was not possible. So since November my son-in-law has not been allowed but told my son-in-law that he could go anywhere within the state of Texas but could not leave the state as long as he checked in with him. My son-in-law went to Beaumont to obtain work and so that my daughter could to see him. He remained in Beaumont until January when he was transferred to a new parole officer. The new parole officer is even worse than the first, he too did not want to do the Interstate Compact and he is forcing my son-in-law to stay in Bear County. My daughter has now gone to Bear County, leaving their 3 children with me and my husband to try to get her husband transferred to Louisiana. Finally she was able to speak with a supervisor in Bear County who has agreed to the Interstate Compact and requested that it be put in as an emergency transfer because of the children which is only supposed to take 3 days. Well the emergency package was sent from San Antonio to Austin, Texas on Monday evening via fax. On Wednesday Austin sent the package to Baton Rouge, Louisiana. On Thursday, the package was sent from Baton Rouge to the Parish of residence for my son-in-law. On Friday, the parole office in the residing Parish was contacted to see what the status of this emergency transfer was. The information received from them was that this is Mardi Gras season and there are parades so the parole office is going to be working a skelton crew and they will probably not make a decision until next Wednesday, the day after Mardi Gras.

Okay I seem to be rambling, but I just had to get this out and it makes you wonder about the judicial system in this country when an emergency because of the welfare of children is pushed aside so the parole officers can attend Mardi Gras. What is this world coming to?
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