How do I transfer states while I am under community supervision—such as state parole, probation, PRCS, OR mandatory supervision?

First, some background: The rules for transferring from one state to another when on state- or county-level supervision (such as parole, PRCS, mandatory supervision, or county probation) are are set by a legal agreement called the Interstate Compact for Adult Offender Supervision.[860] The Compact applies in all 50 states, Puerto Rico, and the U.S. Virgin Islands.[861] If you are classfied as a sex offender requesting transfer to a different state, special additional rules apply to you (see PG. 212).

If you are currently incarcerated:

At the earliest, California can send an interstate transfer request for you 120 days before your expected release date (ERD).[862] The receiving state should respond within 45 days of receiving the transfer request.[863] The process can be sped up in an emergency.[864]

If you are formerly incarcerated:

If you are living in the community, you may request to transfer your parole to a new state if you meet basic eligibility requirements (listed below under Step 1).

Confirm that you meet the basic eligibility requirements to request an interstate parole transfer. The basic requirements are:

    As of the time your application is submitted to your requested state, you have 90 days (3 months) or more, or an undecided amount of time, left to serve on parole;
    You have a valid supervision plan;
    You have not had parole revoked and have no pending parole revocation charges; AND
    EITHER of the following is true:
    You are a resident of the receiving state OR You have family that lives in the state and is willing and able to assist you (regardless of whether you decide to live with them), and you can obtain employment or have another means of supporting yourself;[865] AND
    You have paid off your restitution orders in California, unless a judge finds that releasing you to transfer parole to another state would be “in the interests of justice.”[866]

IMPORTANT NOTE: Even if you do not meet these requirements, California and the receiving state (the state you wish to transfer to) may agree to grant your request if they find “good cause” (a very good reason) to do so.[867]

If you meet the eligibility requirements, communicate your transfer request to your parole agent. It’s best to make this request in writing so that you have a paper trail, and keep a copy of it in a safe place. Your parole agent should confirm that you meet the eligibility requirements. He or she must then submit a transfer request to the CDCR’s Interstate Compact Unit in Sacramento, CA.If the CDCR approves, it should send the transfer request to the receiving state. The receiving state should then decide whether to approve your transfer request.[868]If the receiving state approves your request, you should then be transferred.[869]

WARNING: Special rules apply in a couple of situations: (1) if you must register as a sex offender (see next question), or (2) you are on state parole and still owe victim’s restitution. If you owe victim’s restitution, you are barred under California state law from transferring your parole to a different state[870]

  1. 860

    Cal. Penal Code §§ 11180, 11181.

  2. 861

    An Interstate Commission has developed rules for transfer eligibility and supervision. The Interstate Commission’s rules have the same effect as statutory law and are mandatory in the states that adopted them. All state officials and state courts must carry out the terms of the Compact and comply with these rules. To the extent that state statutes, rules, or policies conflict with the terms of the Compact or rules created by the Commission to carry out the Compact, then such statutes, rules, or policies are superseded by the Commission’s rules to the extent of any conflict. More Information on the Compact and rules made by the Interstate Commission for Adult Supervision and California State Council can be found at www.interstatecompact.org.

  3. 862

    Rules Adopted by the Interstate Commission for Adult Supervision (hereinafter ICAOS), Rules 3.101 and 3.105

  4. 863

    ICAOS Rule 3.104.

  5. 864

    ICAOS Rule 3.1046.

  6. 865

    ICAOS Rule 3.101.

  7. 866

    Cal. Penal Code § 11177.2.

  8. 867

    ICAOS Rule 3.101-2.

  9. 868

    ICAOS Rule 3.101.

  10. 869

    See DOM § 81060.1 et seq. for details on CDCR’s procedure for handling applications from parolees for out-of-state transfers. See ICAOS Rules 102-3.109.

  11. 870

    ICAOS Rule 3.101-2.