I was curious before I apply for a probation transfer to Nebraska what will help me get one approved and is there any tips or advice on planning this out. I have no family there but work is awful in my state and have someone in Nebraska willing to help me get me a new start for my future. She has no criminal history except a speeding ticket one time in her life and is quite stable. I want to make this move soon but would again love any help or insight on what to expect or what to do to make this stick.

Thanks

Hello the:

Go read this:

https://www.askmehelpdesk.com/criminal-law/how-transfer-probation-115783.html

excon

Hello the:

Go read this:

https://www.askmehelpdesk.com/criminal-law/how-transfer-probation-115783.html

excon Thank you Excon, that is very helpful. According to what I found on the interstate compact website. The guidelines I seen were prior resident, resident family and then discretionary which would then put me at the bottom of the totem pole cause I don't meet the main basic guidelines. I would be the last type. So mainly from what I understand I have to present a really great plan of action, proof of job and supportive resident and then sit back and wait. Just wonder if some states like the one I want to be in will work with me on this.

I'm willing to give up everything here for a chance towards my future that is my main goal so surely some how it will work out.

Thanks again.

So mainly from what I understand I have to present a really great plan of action, proof of job and supportive resident and then sit back and wait. Just wonder if some states like the one I want to be in will work with me on this.Hello again, the:

I don't disagree with your plan. However, I'm not sure what you mean "work with you". The intent of my post was to shift the responsibility for getting the transfer to YOU, rather than having to rely on them "working with you".

They'll only "work with you", if you show them that they don't have any choice in the matter. That is why you prepare your application in the manner I suggested. It LOOKS like an application, but it's really a demand.

excon

I was curious before I apply for a probation transfer to Nebraska what will help me get one approved and is there any tips or advice on planning this out. I have no family there but work is awful in my state and have someone in Nebraska willing to help me get me a new start for my future. She has no criminal history except a speeding ticket one time in her life and is quite stable. I want to make this move soon but would again love any help or insight on what to expect or what to do to make this stick.

Thanks This is a worksheet I found too from interstate compact website. I assume this is what the probation officer uses?

This is the html version of the file http://www.interstatecompact.org/Portals/0/library/training/EligibilityWorksheetandGuide.dot.
Google automatically generates html versions of documents as we crawl the web.

INTERSTATE COMPACT ELIGIBILITY GUIDE

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:


* has 3 months or more remaining on supervision; AND
* is in substantial compliance in the Sending State; AND
* is a resident of the Receiving State OR has resident family in the Receiving State willing and able to assist OR the offender is an active military member who has been deployed to another state OR is an offender who will live with an active military family member who has been deployed to another state OR is an offender who will live with a family member who has been transferred to another state by their fulltime employer; AND
* has a valid plan of supervision in the Receiving State with a visible means of support (employment, family support, SSD/SSI, Workman’s Compensation, etc.); AND
* the transferring offense was a conviction for a felony, eligible misdemeanor or eligible deferred sentence; AND
* is required to report or be monitored by the supervising authorities OR has any condition, qualification, special condition or requirement imposed. (Offenders sentenced to non-reporting/unsupervised terms of probation with special conditions will still need to be transferred through the Compact.)



Requests that do not meet the above criteria are considered discretionary and can still be submitted; however, they must be accompanied by compelling reasons and documentation as to the merit of the transfer. The receiving state shall have the discretion to accept or reject the transfer of supervision in a manner consistent with the purpose of the Compact.

Substantial Compliance means that an offender is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.



Resident means a person who-

1. has continuously inhabited a state for at least one year prior to the commission of the offense for which the offender is under supervision; and
2. that such state shall be the person’s principal place of residence; and
3. has not, unless incarcerated, relocated to another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence.



Resident Family means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who-

1. has resided in the Receiving State for 180 days or longer as of the date of the transfer request; and
2. indicates willingness and ability to assist the offender as specified in the plan of supervision.



Eligible Misdemeanor means a misdemeanor offense in which the offender received a sentence of one year or more of supervision AND the instant offense includes one or more of the following:

1. an offense in which a person has incurred direct or threatened physical or psychological harm;
2. an offense that involves the use or possession of a firearm;
3. a second or subsequent conviction for driving while impaired by drugs or alcohol offense
4. a sexual offense that requires that an offender register as a sex offender in the Sending State.



Deferred Sentence: 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-trail intervention program, bail or similar program are not eligible for transfer under the terms and conditions of this compact.



(Revised 02/11/08)
ELIGIBILITY

WORKSHEET
For definitions, refer to the Eligibility Guide beginning on Page 1
Offender Name:
Date of Birth:
CASE ELIGIBILITY

1.) Offender has 3 months or more remaining on supervision? ☐ Yes ☐ No

2.) Offender is in Substantial Compliance? ☐ Yes ☐ No

3.) Offense is a felony, eligible misdemeanor or eligible deferred sentence? ☐ Yes ☐ No

4.) Does the offender appear to have a valid plan of supervision? ☐ Yes ☐ No

If the answers to 1 though 4 are all yes, continue.
REPORTING INSTRUCTIONS ELIGIBILITY
Date of sentence:
Address at time of sentencing: City: State: Zip:

5.) Is the offender a sex offender per Compact definition? ☐ Yes ☐ No

6.) Offender living in the receiving state on the date of sentencing? ☐ Yes ☐ No

If the answer to #6 is yes and the answer to #5 is no, the offender is entitled to reporting instructions & a 7 day travel permit. If the answers to both #5 and #6 are yes, the offender must remain in the sending state until the receiving state provides their decision.

7.) Offender deployed by the military to another state? ☐ Yes ☐ No

8.) Offender’s family member with whom he or she resides with in the

Sending state and will reside with in the receiving state deployed by the

Military? ☐ Yes ☐ No

9.) Offender’s family member with whom he or she resides with in the

Sending state and will reside with in the receiving state transferred by

Their full time employer? ☐ Yes ☐ No

If the answer to #7, #8 or #9 is yes, the offender is entitled to reporting instructions. The offender must remain in the sending state until the reporting instructions are issued by the receiving state.

10.) #6-#9 are “No” but emergency circumstances exist in which

The offender should be allowed to go to the receiving state prior to the

Acceptance of a transfer request? ☐ Yes ☐ No

If the answer to #10 is yes, Explain and provide documentation:

The offender is entitled to reporting instructions IF the receiving state agrees that an emergency circumstance exists. The offender must remain in the sending state until the reporting instructions are issued by the receiving state.

NO SEX OFFENDERS PER COMPACT DEFINITION ARE ENTITLED TO PROCEED TO THE RECEIVING STATE UNTIL REPORTING INSTRUCTIONS ARE ISSUED OR THE RECEIVING STATE INVESTIGATES & ACCEPTS THE CASE. ALL OTHER OFFENDERS NOT LIVING IN THE RECEIVING STATE AT THE TIME OF SENTENCING MUST REMAIN IN SENDING STATE UNTIL REPORTING INSTRUCTIONS ARE ISSUED OR THE RECEIVING STATE INVESTIGATES & ACCEPTS THE CASE. .
MANDATORY ACCEPTANCE CRITERIA
Transfer Request based on Residency:
Date of offense:
Address at time of offense: City: State: Zip:

List addresses beginning with the offender’s present address going back one year prior to the commission of the offense. Account for periods of incarceration, military duty, long-term hospitalizations/treatment, etc.
From: (month/year) To: (month/year) City: State:






11.) Resident per Compact definition? ☐ Yes ☐ No

If the answer to #11 is yes and the plan is investigated and found to be valid, the receiving state must accept.
Transfer Request based on Resident Family:
Name: Relationship: Address: Relative’s Length of time in RS:







12.) Is there resident family in the receiving state willing to assist? ☐ Yes ☐ No

13.) If yes, how are they willing and able to assist? Explain and provide documentation.




If # 12 is yes and the plan is investigated and found to be valid, the receiving state must accept this case.

I hear you and will start the process on writing a letter and all that stuff this weekend. Thanks again.

From one that has compacted to two states while on felony probation (non-violent and non-sexual offense) I had to submit the fee and the paperwork but the state that you want to go to you have to have a family member or an address because that state that you want to compact to will do an investigation on them and the address actually going to the place and looking inspecting it. The family member/(s) have to agree to support you not just financially but as far as living conditions and support the conditions of your release. The investigation can take up to 90 days for the receiving state (the one you want to go to) to check everything out. If they deny you you can try to correct whatever and try again with of course filling out the paperwork again with your local po and the fee and waiting the 90 day investigation process. Usually you can't just move on a whim but you must make sure you have means to support yourself and your move.