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Nevada Parole, Probation, Work Release, Halfway Houses & Community Service All information & questions relating to parole, probation, halfway house, community service, etc in Nevada should be posted here.

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  #1  
Old 09-26-2015, 04:52 PM
Wife123 Wife123 is offline
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Default Interstate compact transfer

So i will be relocating to Las vegas and my fiance is locked up in Texas. So I'm trying to see if NV parole people to apartments or what are the rules? Is there certain places that won't work? I never been thrut his before so I need help. I need to find a place soon but I don't know if I should go with a privet owner or if It will be ok to go with a apartment complex
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Old 09-26-2015, 05:26 PM
CenTexLyn CenTexLyn is offline
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Fiance is not a relationship that generally qualifies for transfer acceptance under Interstate Compact. Further, an in-prison marriage is usually not going to satisfy the threshold either precisely because so many in-prison marriages are for convenience and do not survive the transition to the community.
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Old 09-26-2015, 08:50 PM
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First off I didn't ask if it qualifies. Once we are married it will be a mandatory transfer. Further more It does not matter if it is in prison or put here on the street. Tpu seem very negative and hostile. I qould advise tou to ttt not to put of your opinions when a person is asking for facts. People who are married on the street divorce more then people who are in prison.
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Old 09-26-2015, 09:35 PM
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First off I didn't ask if it qualifies. Once we are married it will be a mandatory transfer. Further more It does not matter if it is in prison or put here on the street. Tpu seem very negative and hostile. I qould advise tou to ttt not to put of your opinions when a person is asking for facts. People who are married on the street divorce more then people who are in prison.
Hon, I hate to say this, but CenTexLyn is right. If you and he are not married when he gets out, chances are that a Interstate Parole Compact is going to be denied. He would have to be paroling out to family, and even though you are engaged to be married, the powers that be don't consider you to be family yet.

If you marry him while he is still incarcerated, they will still look upon that as trying to circumvent the circumstances.

You may not like that idea, but it is what it is.

You're also better off renting from private landlords instead of trying to get into an apartment complex.
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Old 09-27-2015, 01:32 AM
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Loves

Last edited by Wife123; 09-27-2015 at 01:47 AM..
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Old 09-27-2015, 01:35 AM
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Look I kinda get what yall are saying, But there is a such thing as mandatory transfer. Here is the info from the actual Interstate compact transfer site. Also I am going by what the parole office told me in the state of NV. yall still haven't answered my question if he has to be paroled to a house or apartment. But I will pray for yall and side note. We will be married next week. So stay blessed and POSITIVE

The info below will show that there is a MANDATORY transfer if the offender applies to 1 or all. Keyword Mandatory and make sure to read 7-2004 At the bottom.


Rule 3.101 - Mandatory transfer of supervision
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:

(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

(b) has a valid plan of supervision; and

(c) is in substantial compliance with the terms of supervision in the sending state; and

(d) is a resident of the receiving state; or

(e)
(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(2) can obtain employment in the receiving state or has means of support.

ICAOS Advisory Opinions
7-2004 [While a sending state controls the decision of whether or not to transfer an offender under the Compact, the receiving state has no discretion as to whether or not to accept the case as long as the offender satisfies the criteria provided in this rule]

9-2004 [Upon proper application and documentation for verification of mandatory criteria of Rule 3.101, CSL offenders are subject to supervision under the Compact]

7-2005 [All mandatory transfers are subject to the requirement that they be pursuant to a “valid plan of supervision”]

8-2005 [The sending state determines if an offender is in substantial compliance. If a sending state has taken no action on outstanding warrants or pending charges the offender is considered to be in substantial compliance]

13-2006 [An undocumented immigrant who meets the definition of “offender” and seeks transfer under the Compact is subject to its jurisdiction and would not be a per se disqualification as long as the immigrant establishes the prerequisites of Rule 3.101 have been satisfied]

15-2006 [There is no obligation of the sending state to retake when requirements of 3.101 are no longer met]

2-2007 [A receiving state is not authorized to deny a transfer of an offender based solely on the fact that the offender intends to reside in Section 8 housing]

1-2010 [ICAOS member states may not refuse otherwise valid mandatory transfers of supervision under the compact on the basis that additional information, not required by Rule 3.107, has not been provided.]

Last edited by Wife123; 09-27-2015 at 01:51 AM..
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Old 09-27-2015, 06:44 AM
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I guess I just imagined every single one of the denials I have seen in my career...both in files I worked while with the agency and those of clients seeking to transfer either to or from Texas. I even had one in another State whose arrest report showed their Texas address and their Texas DL information and who had a spouse living in Texas that was documented in the arrest report and they were turned down twice prior to us being hired. So yeah, it is a little more than just an opinion on how things happen...

Oh, and if this is a pending release, it also will be an issue since even if they determine you qualify as 'resident family,' there is still the requirement that you have been there for AT LEAST 180 days at the time the request is made. Until that requirement is satisfied, everything else is moot...
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Old 09-27-2015, 07:02 AM
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You're only seeing the parts you want to see and your interpretation of what the policy states is slightly skewed. I'm not being negative, I'm being factual.


Rule 3.101 - Mandatory transfer of supervision
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:

(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

(b) has a valid plan of supervision; and

(c) is in substantial compliance with the terms of supervision in the sending state; and

(d) is a resident of the receiving state; or

(e)
(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(2) can obtain employment in the receiving state or has means of support.

Ok, for the sake of argument, say your marriage is accepted and they consider you now his family, how long do you have to reside in Nevada to be considered a resident? I believe its at least 6 months.

If your marriage is not considered a factor due to it occurring in prison, you will not fall under "family" or as having a "valid plan of supervision."

Mandatory does not mean they have to let him IC to Nevada....pay close attention to the
At the discretion parts.


ICAOS Advisory Opinions
7-2004 [While a sending state controls the decision of whether or not to transfer an offender under the Compact, the receiving state has no discretion as to whether or not to accept the case as long as the offender satisfies the criteria provided in this rule]

9-2004 [Upon proper application and documentation for verification of mandatory criteria of Rule 3.101, CSL offenders are subject to supervision under the Compact]

Go back and read Rule 3.101 above....there's that At the discretion part.

7-2005 [All mandatory transfers are subject to the requirement that they be pursuant to a “valid plan of supervision”]

That valid plan includes the term "resident family." So now we circle back: will they consider you family if you marry while he's incarcerated? Maybe, but probably not. Will you then be a "resident," having resided in Nevada for 6+ months?

Did the two of you live together for any length of time (that can be documented) before he was incarcerated?

I hope it all works out, I really, really do.....all any one of us wants is for our loved ones to be able to come HOME

EDIT: LT is right: try to find a private landlord....most apartment complexes do not allow felons, especially if corporate.
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Old 07-20-2016, 10:46 AM
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7-2005 [All mandatory transfers are subject to the requirement that they be pursuant to a “valid plan of supervision”]

That valid plan includes the term "resident family." So now we circle back: will they consider you family if you marry while he's incarcerated? Maybe, but probably not. Will you then be a "resident," having resided in Nevada for 6+ months?

Did the two of you live together for any length of time (that can be documented) before he was incarcerated?

I have a question.. I've been living in Nevada for 6 months plus. I'm legally married to an inmate that's housed within the CDCR. And it's been documented that we lived together before his incarceration. I have a tentative plan in place for him here in Nevada.
My question is, does the probation department and the Nevada housing department work together? Share information? If so, would he or can I, look into halfway houses for him, until he gets off probation/parole.
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Old 07-20-2016, 12:13 PM
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I have a question.. I've been living in Nevada for 6 months plus. I'm legally married to an inmate that's housed within the CDCR. And it's been documented that we lived together before his incarceration. I have a tentative plan in place for him here in Nevada.
My question is, does the probation department and the Nevada housing department work together? Share information? If so, would he or can I, look into halfway houses for him, until he gets off probation/parole.
Does Nevada allow convicted felons to live in public housing? My best guess is that they do not--I hope I'm wrong. When the PO does the home inspection, if you live in housing that does not accept felons the home placement will be denied.
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Old 07-20-2016, 01:58 PM
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Does Nevada allow convicted felons to live in public housing? My best guess is that they do not--I hope I'm wrong. When the PO does the home inspection, if you live in housing that does not accept felons the home placement will be denied.
I know this forum is for Nevada.. But in CA.. My husband wasn't on parole, he was in the AB109 probation.. His probation officer didn't do a home inspection, he just went in and reported..
But if Nevada, does things different, (which I'm not sure of) then we'll find alternative living arrangements for him, until he gets off probation...

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Old 09-25-2016, 05:09 PM
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I guess I just imagined every single one of the denials I have seen in my career...both in files I worked while with the agency and those of clients seeking to transfer either to or from Texas. I even had one in another State whose arrest report showed their Texas address and their Texas DL information and who had a spouse living in Texas that was documented in the arrest report and they were turned down twice prior to us being hired. So yeah, it is a little more than just an opinion on how things happen...

Oh, and if this is a pending release, it also will be an issue since even if they determine you qualify as 'resident family,' there is still the requirement that you have been there for AT LEAST 180 days at the time the request is made. Until that requirement is satisfied, everything else is moot...
Hello, im hoping you can guide me in some direction seeing that you have knowledge in how IC works...my husband is on parole in austin, tx and im in phoenix, az in July we started the process of applying for transfer here to AZ but have since had to redo the paperwork 3 times due to it being lost somehow. Its been frustrating to say the least but now its a bit more dire as his new job recently let him go when they found out he is on parole. Due to this he lost his room because we are having to pay for 2 households on my income and since my kids are with me we couldnt afford to pay for his room. Hes been living in the streets/shelters/a hotel room here and there and we're desperate to get him here where he has a home to live in. An expedited request was put in a week ago but again the paperwork was returned due to there being missing information....we are living off faith but seeing my husband sleeping on the streets some nights is too much to bear.....any suggestions as far as what we can do to get him here as soon as possible? This is now an every day counts situation but when we call we cant seem to get any real answers or direction. We asked about a temporary travel permit until they process the paperwork but we were told this is not possible once we put in a transfer request. I appreciate any information you can offer.
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