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Transferring Colorado Probation to Another State

Can I Leave The State If I Am On Probation? Transferring Colorado Probation 

By Denver, Colorado Criminal Defense Lawyer H. Michael Steinberg

Transferring Colorado Probation

Transferring Colorado Probation

 The Interstate Compact for Adult Offender Supervision

Transferring Colorado Probation to Another State – Can I Leave The State If I Am On – The Interstate Commission for Adult Offender Supervision (ICAOS) was created to promote cooperation and coordination among the states and U.S. Territories in the transfer of supervised offenders across state boundaries. The ICAOS provides oversight and assistance in administering the Interstate Compact for Adult Offender Supervision, which was approved in 2002.

All 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands are signatories to the Compact.

This Compact has the authority of federal law and supersedes any state law to the contrary. All state and federal courts and administrative bodies must abide by the rules of this Compact. No court or paroling authority may authorize an offender to relocate before acceptance by the receiving state

How does the Interstate Compact work in Colorado?

An offender on supervision who wishes to transfer their supervision to another state must first discuss their request with their officer. The officer will review the offender’s plan to ensure it meets criteria for transfer as specified in the Compact rules, and verify that the offender is in compliance with all conditions of supervision. If the offender is in full compliance and the offender’s plan meets criteria for transfer, the officer will have the offender sign the required forms and submit a transfer request through the Interstate Compact Offender Tracking System (ICOTS). Upon review by the Florida Interstate Compact Office, the transfer request will then be submitted to the other state for investigation and a decision on acceptance or rejection.

What offenders are eligible to transfer under the Interstate Compact?

All offenders placed on probation by the Court or released from prison to a post-release supervision program under the jurisdiction of the Florida Parole Commission may apply to have their supervision transferred, subject to the approval of their supervising officer or classification/release officer (for offenders pending release from prison directly to a plan out-of-state). Offenders on Community Control are not eligible for transfer under the Interstate Compact.

An offender’s plan for transfer of supervision under the Interstate Compact must meet the following criteria:

        • Offender must have more than 90 days or an indefinite period of supervision remaining,

                             and

        • Offender must have a valid plan of supervision, and
        • Offender must be in substantial compliance with the terms of supervision, and
        • Offender must be a resident of or have resident family in the receiving state who has indicated a willingness and ability to assist, and
        • Offender can obtain employment there or has a means of support, or
        • Though not a resident of the receiving state and not having family residing there, the receiving state consents to such a person being sent (discretionary transfer)

In addition, offenders who are members of the military deployed out of state, offenders living with family who are members of the military deployed out of state, offenders living with a family member transferred to another state by their full-time employer as a condition of maintaining employment, and offenders being transferred to another state by their full-time employer as a condition of maintaining employment are eligible for transfer of supervision as long as they meet the requirements for transfer as specified above and plan to reside with the deployed or transferred family member in the receiving state.

Are misdemeanants eligible for transfer under the Interstate Compact?

A misdemeanor offender whose sentence includes one year or more of supervision is eligible for transfer provided the instant offense includes one or more of the following:

        • An offense in which a person has incurred direct or threatened physical or psychological harm

        • An offense that involves the use or possession of a firearm

        • A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol

        • A sexual offense that requires the offender to register as a sex offender in the sending state

        • What are the registration requirements for felons and sex offenders in Florida and other states?

        • Registration requirements vary from state to state.

How long does the Interstate Compact transfer process usually take?

The transfer process usually takes forty-five (45) days from the date the request is received by the other state.

Can an offender transfer supervision under the Interstate Compact to another country?

The Interstate Compact for Adult Offender Supervision contains no provisions for transferring supervision to other countries. The Interstate Compact Office does not process such transfers.

Does an offender have to remain in Colorado while waiting for the other state to respond to their transfer request?

Yes. An offender who does not qualify for reporting instructions or who has not been granted reporting instructions by the receiving state must remain in Colorado until the receiving state notifies Colorado of acceptance of the case and provides reporting instructions.

Do the Interstate Compact rules allow a receiving state to impose additional conditions of supervision?

Yes. A receiving state shall supervise an offender transferred under the Interstate Compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

Do offenders who transfer supervision to Colorado from other states pay cost of supervision to the State of Colorado and if so, what is the cost of supervision fee?

An offender placed on supervision in another state and supervised in Colorado, will pay monthly cost of supervision.

Colorado participates in the Interstate Compact for Adult Offender Supervision and the Interstate Compact for Juveniles which govern the movement of offenders between states.

There are very specific requirements that must be met before anyone convicted of a felony, certain misdemeanors or adjudicated a delinquent will be allowed to move from the state. Generally, the State cannot allow someone on Probation to move to another state without the consent of the other state.

Talk to your Probation Officer about the requirements and the process. Your Probation Officer must approve of the move and you must apply to the other state through our office and be accepted by them prior to moving.

CALLS TO ACTION

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Transferring Colorado Probation

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 30 years (as of 2012). For the first 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the criminal trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277.

In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.

H. Michael’s Primary Territory:

The Colorado Steinberg Criminal Defense Law Firm

serves clients charged with criminal offenses in the Denver Metro Region and throughout Colorado, including Adams County, Arapahoe County, Boulder County, Broomfield County, Denver County, Douglas County, Jefferson County, Larimer County, El Paso County, Pueblo County, Weld County and Grand County; and communities such as ; Centennial, Denver, Boulder, Aurora, Lakewood, Littleton, Westminster, Thornton, Northglenn, Brighton, Greenwood Village, DTC, Denver Tech Center, Highlands Ranch, Castle Rock, Lone Tree, Englewood, Golden, Grand Junction and all across the Front Range.

If you have questions about Transferring Colorado Probation in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and will provide quality legal representation to those charged in Colorado with adult and juvenile criminal matters as regards .Transferring Colorado Probation.

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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5445 DTC Parkway, Penthouse 4
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