How Can I Transfer My Parole to Another State?

A common question we receive frequently is how to transfer one’s parole from California to another state.  The reason may be because the parolee received a job offer in another state (often times, the parolee already accepted the offer and is contemplating absconding from California for the job) or family members in another state invited the parolee to live with them in another state, maybe to care for an elderly parent, and get a “fresh start” on life, also often with a job offer.

Our answer is usually an explanation that, in general, it is not easy.

California is a participant in the Interstate Compact for Adult Offender Supervision that sets policies and procedures for interstate parole and probation supervision. Penal Code §§ 11180 and 11181.  The California Department of Corrections and Rehabilitation policies for Interstate Compact transfers for people on California parole are in DOM 81060.11-81060.21.

The Compact has been adopted by all states.  There is an Interstate Commission for Adult Offender Supervision to oversee, supervise, and coordinate the movement of parolees, as well as a California State Council for Interstate Adult Offender Supervision.  Information on the Compact and activities of the Interstate Commission for Adult Offender Supervision and California State Council can be found at www.interstatecompact.org, or by calling (916) 255-2781.  The address for the California office is Interstate Compact Office, Department of Adult Parole Operations, California Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA  94283.

To be eligible for an interstate transfer, a parolee must (1) have three months or more to serve on parole, (2) have a valid plan of parole supervision; (3) be in substantial compliance with the terms of supervision; (4) have been a resident of the receiving state or have family in the receiving state who are willing and able to assist the person; and (4) be able to obtain employment or have means of support.  Parole officials have discretion to allow interstate transfer of a parolee who does not meet all of the eligibility criteria if that transfer will support the successful completion of parole and public safety. Interstate Compact Rules, rules 3.101-3.102.

A parolee in California generally may not be placed on out-of-state parole if he or she owes a restitution fine that has not yet been fully paid.  However, an exception may be made if the parolee either (1) posts a bond for the amount of the restitution; or (2) obtains a court order that the bar on out-of-state parole should be waived in the interests of justice. Penal Code § 11177.2.

There is a form for a parolee to complete and submit to apply for transfer of parole supervision to another state.  As part of the application, a parolee who wants to transfer must agree to waive the right to contest extradition from any other state to which they may abscond.  The parole officer then determines whether the person meets the eligibility criteria or, if not, whether an exception should be made. 

If the parole agent approves the transfer of parole supervision, he or she will then submit the application to the California compact office for review.  The California compact office will then review and, upon approval, will submit the application to the receiving state for review. 

The receiving state is supposed to respond to a transfer request within 45 calendar days, or faster if there are emergency circumstances.  The earliest that California can send a parole transfer request for a parolee who has not yet been released on parole is 120 days prior to the expected release date.  The request for transfer can be rejected at any step if the parolee does not meet the eligibility criteria, but if the parolee meets the eligibility criteria, the receiving state must accept supervision. Interstate Compact Rules, rules 3.101-3.109. See also DOM §§ 81060.1-81060.21.

In closing, it merits mention that former inmates placed on PRCS also are eligible for supervision in another state under the compact.  Application for out of state PRCS supervision should be made through the local court. See Wofford v. Superior Court (2014) 230 Cal. App. 4th 1023, 179 Cal. Rptr. 3d 243.

This article would not be possible without significant reference to the California Prison and Parole Law Handbook written by the Prison Law Office.  We thank the Prison Law Office and acknowledge their excellent work in this treatise.