I want to transfer my parole to another county in California. How can I do that?
You can make this request either while you are still incarcerated (recommended!) or after you have been released into the community. If your transfer request is denied, you may challenge the denial by filing a 602 appeal (see above PG. 178).
How to request a transfer while you’re incarcerated:
You can ask your correctional counselor for a Transfer Investigation Request form (TIR) and to submit it on your behalf.
HELPFUL TIP—REQUEST TRANSFER WHILE INCARCERATED:
If possible, you should make the request for transfer while you are still in prison — when your CDCR Form 611: Release Program Study is being prepared. For more information about Form 611, see Appendix S, PG. 297.
In filling out your TIR, explain the reasons why being in your requested county will help you be more successful in rehabilitation and reentry. You should also provide supporting documents that back up these reasons, such as letters from supportive family members, from your doctor, and/or from a potential employer..Submit these supporting documents along with your Transfer Investigation Request (TIR).[654]
If you are a “lifer” (a person serving a life sentence), your correctional counselor should submit your TIR to the Board of Parole Hearings (BPH). Most likely, the BPH will discuss your request with the district attorney who is responsible for your case before making a decision. The BPH could deny your transfer request if:
- It believes denying your request will better protect the public’s safety;
- You don’t have proof of a work or educational program in your requested county;
- You don’t have family or any other support system in your requested county.[655]
If you are not a lifer, the correctional counselor should submit your TIR to the Division of Adult Parole Operations (DAPO), which will make the final decision about your transfer.[656] DAPO should consider the following in making a decision about the transfer request:
- Any need to protect the safety of the parolee, a victim, a witness, or other person;
- Any public concern that would reduce the chance that parole would be successfully completed;
- A confirmed work offer or an educational or vocational program;
- The existence of family members who have strong ties with you and will support your efforts to complete parole successfully; and
- The presence or lack of any needed mental health treatment programs.[657]
DAPO may deny your request to transfer counties if there are concerns about any of the above. Note: The transfer request process also tends to be slower and more difficult if you have to register under Cal. Penal Code section 290.
How to request a transfer after you are released:
Once you are released from prison, you do not need a special form to request a county transfer; you can and should ask your parole agent directly, in a dated letter and/or in person. We highly recommend that you put your request in writing, make a copy of your request before giving it to your parole agent, and keep your copy in a safe place — just in case you don’t receive a response and need to follow up with proof of your original request.
In your request to your parole agent, explain the reasons why being in your requested county will help you be more successful in rehabilitation and reentry. You should also provide supporting documents that back up these reasons, such as letters from supportive family members, from your doctor, and/or from a potential employer.[658]
After receiving your transfer request, your parole agent should prepare a Transfer Investigation Request form (TIR) and submit it to the parole unit supervisor. The supervisor should then consider the following factors:
- Any need to protect the safety of the parolee, a victim, a witness, or other person;
- Any public concern that would reduce the chance that parole would be successfully completed;
- A confirmed work offer or an educational or vocational program;
- The existence of family members who have strong ties with you and will support your efforts to complete parole successfully; and
- The presence or lack of any needed mental health treatment programs.[659]
The Division of Adult Parole Operations (DAPO) may deny your request to transfer counties if there are concerns about any of the above. Note: The transfer request process also tends to be slower and more difficult if you have to register under Cal. Penal Code section 290.
HELPFUL HINT
Parole will allow only a limited number of transfers to each county. For this reason, even if all of the factors listed above are in your favor, your transfer request may still be denied. With this in mind, when submitting your request, you should put together the strongest application possible. Gather as much support as you can, especially from your parole agent, correctional counselor, and any other government officials you know — such as judges, district attorneys, and public defenders. It would also be great to get the support of leaders from the community you want to transfer to
- 654
Cal. Penal Code § 3003(b)(3)-(4). ↑
- 655
Cal. Penal Code § 3003(b). If you receive treatment pursuant to Penal Code section 2960—BPH may also deny your transfer request if your requested county doesn’t have the necessary outpatient treatment programs. ↑
- 656
See Cal. Penal Code § 3003(b); DOM § 81010.2 et seq. (describes CDCR’s parole placement and transfer policy and considerations). See also DOM 81010.11 et seq. (described DAPO’s internal procedures forhandling transfer requests); 15 CCR § 3523 (describes direct placement of parolees into DAPO programs in conjunction with a county transfer). ↑
- 657
Cal. Penal Code § 3003(b). ↑
- 658
Cal. Penal Code § 3003(b)(3)-(4). ↑
- 659
Cal. Penal Code § 3003(b). ↑