How to transfer parole out of state?
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How to transfer parole out of state?
My boyfriend is on parole in CA. He will graduate from a 6 month program in about 6 weeks. Can he transfer after that? He has no family or attachment there. He will have no place to live there or anything and we want to be in the same location. We are willing to get married for the red tape and have a wedding later. Is it hard to get accepted as a transfer parolee? What do we do or is it possible. These parole agents in CA don’t help them recover their life or give them any alternatives to a better life; I think they want them to reoffend for job security. How can we handle this so he can be in NV?
Asked on May 29, 2011 under Criminal Law, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If certain conditions are met, a parolee is allowed to transfer their probation from one state to another. However their PO will have to approve. So your BF should ask what the state's requirments are for moving - get them in writing. Then show his PO that he has met them. The stronger the case that he can make regarding his move the better. For example, inform them that he has a place to live, a job lined up, etc. - and have proof. This should make things easier. If not, then he'll probably have to stay where he is. Technically, if his original PO does not want to give him authorization to transfer to another state, he may appeal the decision with the judge who presided over his trial. Typically, however, judges rule on the side of the PO in these matters. He would need to show that the decision places him at an extreme hardship. He'll have to demonstrate to the court that all state transfer requirements have been met. So he should have proof and backup documentation with him (neat and organized) if and when he needs to appear before the judge.
Note: Be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that your BF want to move to must agree to accept him and put him on probation there.
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