Transferring Probation to a Different County or Different State

Following a conviction for a misdemeanor or felony, a defendant may be placed on probation. There are two types of probation: informal/summary probation or formal probation. While summary or informal probation does not require direct supervision from or reporting to a probation officer, the court may set future progress dates in the court or clerk’s office for proof of progress or completion of any requirements. Formal probation, in which a person is actively monitored by a probation officer, is typically granted on felony cases. The county in which the person was convicted and sentenced is responsible for the supervision. What happens if the person on probation is from a different county or state, or is planning on moving? Fortunately, it is possible to transfer probation to another county or state. There are specific provisions in the California Penal Code, which outline the process.

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 to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record.”

The exception outlined in California Penal Code section 1203.9(a)(3) pertains to victim restitution. If victim restitution was ordered as a condition of probation or supervision, the transferring court must determine the restitution amount prior to transferring unless that cannot be done within a reasonable time.

A motion to transfer probation to a different county will need to contain sufficient details to convince the court that transfer is appropriate. For instance, it is not sufficient to simply state that the person intends to move to a different county. Additional information about why they are moving, when and how will need to be clearly presented. The Court, when considering whether to transfer probation to a different county, will also look at whether there are sufficient programs available in the proposed county to appropriately supervise the person. The county that the person is transferring also has an opportunity to comment on the proposed transfer, which will be considered by the transferring court at the transfer hearing.

Transferring probation to another state is governed by the Interstate Compact for Adult Supervision, California Penal Code sections 11180-11181. 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. As such, if the person who is on supervision is alleged to have committed a violation of their supervision, they would need to return to California, the granting state, to answer to the probation violation allegations in a potential probation revocation hearing.

If you or a family member is on probation or mandatory supervision for a felony or misdemeanor out of Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, and is looking to transfer their probation or supervision to another county or state, it is imperative that you hire the best attorney that you can to explore all options available. Attorney Michael Kraut has extensive experience defending clients in all types of criminal cases throughout Southern and Central California and has helped many individuals to successfully transfer their probation or supervision.

For more information about how to transfer probation or mandatory supervision to another county or state, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.