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Can probation be transferred across state lines? - II

In our last post, we began discussing the Interstate Compact for Adult Offender Supervision, the agreement through which the 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands have pledged to work with one another to facilitate the transfer of supervised adult offenders across one another's borders.

Our blog will continue this important discussion in today's post, examining the eligibility requirements of the Interstate Compact.

Eligibility for transfer

Last time, we discussed how a probationer here in Florida seeking to transfer supervision to another state must present their probation officer with a plan showing that they meet the eligibility criteria set forth in the rules governing the Interstate Compact.

First and foremost, the probationer's plan must outline a viable strategy for the transfer of supervision, and demonstrate that they either have over 90 calendar days of supervision remaining or are subject to indefinite supervision.

Next, the probationer's plan must prove that they have the means to support themselves after transferring or that they are readily able to secure employment.

Finally, the probationer's plan must show a pattern of substantial compliance regarding the conditions of their supervision, and that they are either a resident of the state to which they are seeking to transfer, or have resident family already living there who are ready, willing and able to provide them with the necessary assistance.

It's important to understand that the Interstate Compact has very exacting requirements as to the circumstances under which probationers can consider themselves to residents of another state and as to what constitutes resident family.

Similarly, it's important to understand that the Florida Department of Corrections has deemed those on Community Control, a type of intensive supervised house arrest, ineligible for transfer under the Interstate Compact.

We will continue to discuss the Interstate Compact in future posts, including how it defines the terms resident and resident family.

Always remember to consider speaking with an experienced legal professional if you have any questions or concerns related to probation or other forms of community supervision.

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