Sometimes, when a person is found guilty of an offense, they might be placed on probation, which sets specific terms they must follow to avoid being sent to jail. As part of the conditions, the individual is required to remain in the state they were convicted in and report monthly to the probation department. If they fail to do so, they could be charged with a probation violation. So how can an individual move out of state if they are on probation?
Generally, there are two ways a probationer can move from one state to another before the terms expire. One way to do this is to apply for an early discharge of the probation. The other is to petition for a transfer by going through the Interstate Compact Transfer (ICT) process.
The purpose of the ICT is to ensure that a probationer is under continuous supervision until they complete with specified requirements. Before an individual can move, they must receive permission from the state they are currently located (sending state) and the state they are intending to take up residence (receiving state).
Eligibility for an ICT
Generally, the ICT is used to allow individuals convicted of certain felony offenses to transfer their probation supervision to another state. However, some serious misdemeanor offenses could qualify depending on the terms of the probation. Unfortunately, if the individual is on probation for a low-level misdemeanor, they would not be eligible for an ICT and would have to wait until their term expires before moving.
Applying for an ICT
A probationer must apply for an ICT before they move to another state. If they move before their transfer is approved, they will be charged with a violation. The probationer must complete the proper form and submit it to the Clerk of the Court.
According to the Interstate Commission for Adult Offender Supervision, it is up to the sending state and receiving state to accept the request.
Generally, the receiving state will accept if the probationer:
- Has 90 days or more left of supervision, and
- Has a current supervision plan, and
- Is complying with the terms of their probation, and
- Is a resident of the state they wish to move to
- A resident is a person who has lived in the receiving state for at least one year before being convicted of the offense they are on probation for, and
- They intend to continue to maintain residency in that state, and
- They have not lived in another state continuously for 6 months or more
If the individual was not a resident of the receiving state, they must have a family member who lives there and is willing and able to support the probationer, or they must be able to get a job in the state to support themselves.
When the transfer is approved, the probationer will receive a pass to travel to the receiving state. However, if it is denied, they might have to apply to have the terms of their probation expired early.
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If you were accused of violating the terms of your probation, the court will schedule a hearing, during which you must prove the non-compliance allegations are unfounded. To increase your chances of obtaining a favorable result, it is imperative to retain the legal service of a skilled attorney. Our lawyers know the law concerning these types of matters and will be on your side throughout the process.
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