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Can probation be transferred across state lines? - III

Over the summer, our blog began an examination of the Interstate Compact for Adult Offender Supervision, an agreement designed to "to promote cooperation and coordination" among the 50 states regarding the transfer of supervised offenders.

Specifically, we spent some time exploring how probationers in Florida seeking to transfer supervision to another state must furnish their probation officers with a plan demonstrating that they satisfy certain eligibility criteria, including that 1) they are either a resident of the state to which they are seeking to transfer or 2) have qualifying resident family already living there. 

Understanding "resident" and "resident family"

Under the Interstate Compact, it won't be enough for a probationer to simply claim that they consider themselves a resident of the transfer state since they grew up there. Indeed, in order to show that they are a resident of the transfer state, they must be able to show the following:

  • They continuously lived in the transfer state for a minimum of one year prior to the commission of the crime for which they are now under supervision.
  • They intend to make the transfer state their primary residence going forward.
  • They have not resided in another state for at least six consecutive months with the intent of establishing a new primary residence there (excepting military deployment or incarceration).

Similarly, the Interstate Compact dictates that it won't be enough for a probationer to simply indicate in their plan that they have family members already living in the transfer state. Rather, they must be able to demonstrate the following:

  • The family member living in the transfer state is a spouse, parent, stepparent, grandparent, legal guardian, adult child, adult sibling, aunt or uncle.
  • The family member(s) has continuously lived in the transfer state for a minimum of 180 calendar days as of the date of the probationer's transfer request.
  • The family member is able and willing to assist the probationer.   

We'll continue to discuss the intricacies of the Interstate Compact in future posts. In the meantime, those who would like to learn more about probation or other forms of community supervision should strongly consider speaking with an experienced legal professional.

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