Letter Notification Transfer With Immediate Effect In San Diego
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If transferring probation to another state, the person seeking transfer will need to sign a waiver and agreement to accept any difference in supervision that may exist between the two states. For all practical purposes, the court that granted probation to begin with will retain jurisdiction.
A California reform measure that capped probation to two years for many nonviolent offenders applies retroactively to plea agreements that hadn't been finalized when the law took effect in 2021, the Supreme Court ruled Monday.
Generally, you can have probation transferred to another county or state, but you will need the permission of the Court and possibly the Assistant State Attorney who had your case. The issue will need to be addressed with the Judge and it may benefit you to have an attorney argue the reasons for the need to transfer.
Talk to your probation officer about your desire to move. If the probation officer approves the plant, complete and file an application. Wait for approval from the ICAOS office in your home state. If approved, have your application transferred to the receiving state.
California Penal Code section 1203.9(a)(1) states “Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently with the stated intention ...
Pursuant to California Penal Code §1203.9, cases may be transferred from one County Probation Department to another within the State of California.
