Transferring Locations on Informal Probation

How do I transfer my informal probation to a different county?

The California Superior Court of the county in which you were convicted of a crime has jurisdiction (decision-making power) over your county-to-county probation transfer.[747]

A judge will decide whether your transfer is appropriate, and will look at:

    Permanency of your residence (whether you actually live in the transfer county permanently);
    Local programs available for you in the transfer county; and
    Restitution orders and victim issues.[748]

Below is the process for one county’s probation department to submit a “notice of motion for transfer” in order to send your supervision to a different county’s probation department. [749] (Note, this process also applies to transferring Mandatory Supervision from one county to another.)

    First, when you are released on probation, the court in the county where you were convicted must transfer the case to the superior court in the county where you plan to live permanently (or for the rest of your probation), unless the court determines that the transfer would be inappropriate.
    Next, the proposed receiving county may provide comments on the record about the proposed transfer.
    The transferring court and the transferring probation department must investigate your transfer and must make a speedy decision.
    If victim restitution was ordered as a condition of your probation, the transferring court determines the amount of restitution before the transfer, unless that court can’t make that decision within a reasonable period of time from when the transfer was requested. If a case is transferred without the amount of restitution being decided, the transferring court must make a determination about the restitution amount as quickly as possible.
    For every other determination related to probation (besides the amount of victim restitution), the receiving county will have the power to make those decisions, and must agree to do so.
    The transfer order must require you to be in the care and custody of the probation officer of the receiving county.
    If it applies, the transfer order must also include an order for reimbursement of reasonable costs for processing the transfer to be paid to the transferring county.
    The transferring county must send copies of any orders and any probation reports to the court and the probation officer in the receiving county within 2 weeks of finding that you permanently reside in or have permanently moved to the receiving county.
    The receiving county may also follow these rules and procedures to again transfer your probation supervision to another county later on.
  1. 747

    Governed by Cal. Penal Code § 1203.9- the Court has jurisdiction over transfers.

  2. 748

    Cal. Penal Code § 1203.9(a)(2).

  3. 749

    The court must follow the Judicial Council’s procedures and court rules set out in Cal. Penal Code § 1203.9(d).

How do I transfer my informal probation to a different state?

IMPORTANT: The same rules for transferring states apply to people on ANY type of state or county supervision. That means if you are on state parole, probation, PRCS, OR mandatory supervision—the process and rules to transfer your supervision to another state are the same. To read about interstate transfer, see PG. 217.

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