[ceenos]

My boyfriend requested a transfer of federal probation a month ago. I went with him, met the probation officer told her that he could live with me (he lives in Illinois and I live in indiana). We also supplied her with a name and number of a business that has already offered him a job when he arrives. She asked for my personal information, ss#, address, phone number, date of birth, etc. She said it sounded like a good idea. We contacted her again about the situation and she said that she hadn't but the request for transfer in yet, but when we left her office she said that she would do it that day. We still have not heard from her. Can you PLEASE offer some help of what we can do now? Is she violating his rights to the request of transfer? He has an appointment with her (monthly checking in 2 weeks) he doesn't want to rock the boat but is anxious to transfer, start working and start his life over.

THANK YOU!

[JudyKayTee]

My boyfriend requested a transfer of federal probation a month ago. I went with him, met the probation officer told her that he could live with me (he lives in illinois and i live in indiana). We also supplied her with a name and number of a business that has already offered him a job when he arrives. She asked for my personal information, ss#, address, phone number, date of birth, etc. She said it sounded like a good idea. We contacted her again about the situation and she said that she hadn't but the request for transfer in yet, but when we left her office she said that she would do it that day. We still have not heard from her. Can you PLEASE offer some help of what we can do now? Is she violating his rights to the request of transfer? He has an appointment with her (monthly checkin in 2 weeks) he doesn't want to rock the boat but is anxious to transfer, start working and start his life over.

THANK YOU!

Transferring probation is a privilege and not a right so it's up to the PO to investigate the circumstances and recommend or not recommend. People have posted in the past and the PO has refused the transfer unless the person on probation lived with a family member or spouse - no girlfriends/boyfriends/friends.

He has no right to a transfer - it's a privilege and at the discretion of the PO.

I'd sit tight and trust that no news is good news.

[ceenos]

Transferring probation is a privilege and not a right so it's up to the PO to investigate the circumstances and recommend or not recommend. People have posted in the past and the PO has refused the transfer unless the person on probation lived with a family member or spouse - no girlfriends/boyfriends/friends.

He has no right to a transfer - it's a privilege and at the discretion of the PO.

I'd sit tight and trust that no news is good news.

If we got married would they have to transfer the probation?

[ceenos]

We have been thinking about getting married, would they have to grant the transfer if we did?

[JudyKayTee]

We have been thinking about getting married, would they have to grant the transfer if we did?

You may want to read what I said over again - the transfer is a PRIVILEGE, not a RIGHT. His request can be denied or approved. It's up to the PO.

[excon]

Hello ceenos:

I rarely disagree with my friend Judy, but I'm going to this time. If there were no written criteria qualifying an applicant for a transfer, and it were solely up to the probation officer, then I would agree with her.

But, it's NOT up to the probation officer, because there IS written criteria. I speak about it, here:

https://www.askmehelpdesk.com/crimin...on-115783.html

Should an applicant FIT the criteria, and it isn't subjective, then indeed, he has a right (and it's a Constitutional right), to have his case handled pursuant to the rules of the agency.

I further understand that you don't want to upset the applecart... But NOT upsetting the applecart ain't getting you anywhere. There are some federal PO's, that don't like their charges knowing the rules, because then they can't buffalo them. Others OBEY the rules themselves, so you don't need to try. Then there are others who don't even know the rules themselves.

Frankly, it matters NOT whether you upset the PO or not. It matters only that his rights are upheld, and that NO retaliation occurs. Therefore, do ALL your requests for transfer from now on IN WRITING, sent by certified mail, return receipt requested. If you have a telephone conversation with them, follow it up with a letter confirming what was said.

If you're getting grief from his po, it wouldn't hurt to send copies of ALL your stuff to the po's supervisor. YOU can't do any of this however. HE must do it all.

excon

PS> In answer to your other post - MARRIAGE is NOT part of the criteria.

[ceenos]

Thank you for the excellent answer, not to bother you further but can you tell me what a sample of the criteria would be? Also, what should he state in the certified letter? Why would the po say that is was a good idea and that she would submit the transfer and it has been over two weeks and she has not even started on it?

[ceenos]

So that we can include in the letter that it is his constitutional right, how should we refer to that right in the letter? Is there a reference number or something?
I greatly appreciate your help

[Fr_Chuck]

No there is no constitutional right, there are probation rules and regs, nor more, no less.

He has the right to review the written policy on transfers.
Most of the Federal Probaton people are professonal but really care less.

No getting married afterwards is not really going to help, except they may merely say you move to be with him.

[excon]

Hello again:

The criteria includes things like he has a verifiable address in the new jurisdiction, that he has a verifiable job in the new jurisdiction... Things like that.

In your FIRST letter, ask for a copy of the rules. Then when you GET the rules, and find that your boyfriend DOES meet the criteria, you write a letter saying that he FITS the criteria and you request a transfer pursuant to the rules, and you cite the rule number.

I wouldn't be worried about citing the Constitution at this point. But. The rights he has in this situation are his right to Due Process of Law, the Fifth Amendment (that means they have to follow their own rules), and the Tenth Amendment which calls for Equal Protection Under the Law (meaning they can't arbitrarily decide who they apply the rules to - they must apply them equally).

But, you get a copy of the rules FIRST, and then what to do should become obvious.

excon

[ceenos]

The first day that we went to see the parole officer I asked her for a policy and procedures manual and she avoided my question and than I asked her if he had to sign a request for transfer before we left the office and she that she took care of all of that, so now I guess we will send a certified letter requesting the policy and procedures manual. His next time to see her in person in on the 6th.
So if you have anything to add to your already great advice, I would appreciate it

[excon]

Hello again,

This whole thing, as with much of life, is a game of intimidation. The PO's naturally gravitate to the intimidator role. They assume this role, not because they're WORTHY of being the intimidator. They assume the role simply because they have a badge.

Therefore, they're really EASY to intimidate when confronted with someone who fights them with their own rules, rather than the ones who fight them by cutting off their own noses.

So, what I'm trying to say, is that by the simple act of requesting the policy and procedures manual BY CERTIFIED LETTER, you'll probably get the transfer. By doing what you're doing, and in the manner you're doing it, indicates to them that they're their up against someone who won't be trifled with. Often times, PO's like this will bend immediately because they see they're outgunned.

Funny; they could actually outgun YOU if they bothered to read the rules themselves... I don't know why they don't...

excon

[Fr_Chuck]

Of course part of it is that YOU have no standing, not rights and to be honest most likely upsets the PO that you are going with him, and going in with him.

He has to ask, often in writing, they can somewhat ignore you since you are not the one on probation.

[excon]

Hello again:

The Padre is right. That's why I said earlier, that HE must do all this. YOU can't do anything, except stand behind him and encourage him.

excon

[ceenos]

I have an update on the situation and would like to ask another question. His current parole officer submitted the request for transfer, he wrote the letter to the parole officer in which he is trying to transfer (to introduce himself) and we have not heard from the parole officer in which he is trying to transfer to. The transfer request was submitted over two weeks ago, is there anything he can do to speed up the process?

[excon]

Hello again, c:

Good to see that progress is being made.

You bet he can help it along. There's nothing stopping him from getting on the phone to ask the PO himself. As a matter of fact, the process IS a hands ON process. Nothing should be left up in the air.

excon

[ceenos]

I have a question, is an inmate on federal parole able to travel anywhere within the state that they are on parole in? Or are they only allowed to stay in their "district" within the state? Would a federal parole officer violate them if the "unknowingly" traveled to another district within the state to get married and than returned home the same day?

[excon]

Hello again, c:

I don't know what his travel restrictions are. They're written clearly on his conditions of probation.

excon

[ceenos]

They didn't ever give him a book or anything like that.. It's all just been verbal. In your experience, as long as he remains in the same state and doesn't get introuble, would they violate him?

[excon]

Hello again, c:

If HE doesn't have a copy of his parole/probation restrictions, he needs to get it. I'm sure his PO has a copy.

excon

PS> Would they violate him?? They would in a heartbeat. They LIVE for the chance...