Although probation is a favorable and desired sentence for the defense, it can still serve as a massive inconvenience in the life of a defendant. When an individual is placed on probation, some of the basic rights they had prior to their sentence are severely restricted until the probationary period ends. Of the many restricted rights probationers are obligated to endure, the inability to freely travel within the nation has become an issue that many on probation have grown increasingly frustrated with.
For people on probation who wish to relocate to another state, the process is unnecessarily absurd. Probationers can't just uproot, move to another state, and wait for the local authorities in that state to hit them with the paperwork. Doing so could complicate the circumstances, requiring a probationer to travel back and forth, and ultimately lead to a court order that prohibits them from moving until the probation sentence ends.
In order to successfully move from one state to another without any problems, probationers will have to undergo a strict process. In short, a person cannot live in another state until they are officially accepted into that state. Gaining acceptance entails various steps and guidelines that a probationer and the state must abide by for a smooth transition. This process is hosted and conducted through the Interstate Commission for Adult Offender Supervision, also known as the Interstate Compact.
Applying for Interstate Compact
The purpose of the Interstate Compact is to successfully transfer probationers from one state to another while maintaining continuous supervision. Success is reached when both the sending state (in your case, Pennsylvania) and the receiving state (the state you wish to move to) permit your transfer. Probationers who must apply to this program for transfer typically are in the following circumstances:
- You are on a felony probation
- You are on misdemeanor probation and the probation term last for more than a year, or the offense includes assault, the possession of a firearm, the involvement of drugs or alcohol, or a sexual offense that requires an offender to register as a sex offender
A person on probation must meet with their probation officer to get all the appropriate information about how to transfer. From then you will be given a contact to set up an appointment with. Then they will provide you with paperwork to apply for Interstate Compact.
The decision to transfer you is at the discretion of the sending state and the receiving state. But what you provide in the application can influence their decision. Applications are likely to be accepted when probationers provide good reasoning as to why they wish to move. Opportunities like a better-paying job, a new, positive environment, or a dependable living situation are compelling reasons for states to permit a transfer.
Pennsylvania Criminal Defense Attorney
In order to determine if you need to apply for Interstate Compact, you should probably consult with an attorney. This is especially true if you're on probation for a misdemeanor charge. Knowing your options in advance will help you avoid events that can make your situation worse. For more information or for help with the application process, contact skilled legal professional Joseph D. Lento today.