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    cosmicfire's Avatar
    cosmicfire Posts: 1, Reputation: 1
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    #1

    Jul 13, 2004, 10:11 AM
    Probation Transfer
    My fiance' is in County Jail on misdemeanor drug charges. He is due to be released August 25 and has one year's probation after his release.
    The problem arises in the fact that I am in Kansas, where we live, and he has been told that he must serve his probation in Indiana. He has an established life here with my children and me. Since being here he has not done drugs of any kind and has changed his lifestyle considerably. The only people he knows in Indiana are drug users and dealers. That environment is not conducive to his rehabilitation. If he stays in that state, he is more likely to return to his old life.If he comes home to Kansas he has a much better chance of staying clean. As a matter of fact, the bondsman that picked him up told me "If you care at all about this man you will get him out of Indiana as soon as possible.".
    Isn't there some way to get his probation transferred from Indiana to Kansas?
    Please, any help or information at all would be appreciated.
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #2

    Dec 19, 2005, 09:55 PM
    Transfer
    You may transfer on Misdemeanor Probation but they usually allow a probationer to do a monthly mail in as well. Either way, if a person has a good job somewhere else, there really should be no problem to move. A judge would rather see you working somewhere else than sitting and gathering dust in his or her jurisdiction!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 19, 2005, 10:02 PM
    Probation
    The moving of probation is completely up to the probation department, without their approval he would not be allowed.

    Many of the states within the US belong to an Interstate Probation agreement, if both states are members of this, normally there is no problem, if one or either is not, it is a lot harder to get it transferred.

    You need to have his lawyer petition the probation department to OK the probation for the new location.

    Showing a place to live ( a job would be a lot better). You will have to make the same case you explained here.

    No transfer is automatic and is done on a case by case basis.
    And to be honest after he is released a lot will depend on the written recommendation of his case worker ( probation officer) and very truthful many of these are very hateful men. ( I have worked in police and corrections for years) Not all of them but also part of the problem is also not the one state oking his going, but the other state allowing him to come in. They don't want another crminal to move into their state. With that unless they have an agreement with your state to allow transfers it is going to be a lot harder.

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