Transferring Probation to a Different County or State in California

Navigating probation is complex, even when you remain in Los Angeles. Suppose life circumstances require a move, whether from L.A. to San Diego County or from California to another state, the law gives you options to relocate your supervision. Knowing the statutes, rules of court, jury-instruction principles, and sentencing consequences in advance puts you in the strongest position to persuade a judge to approve the transfer and to avoid violating probation down the road. When transferring probation to a different county or state in California, a skilled lawyer can facilitate a smooth transition and ensure the successful completion of probation.

The criminal process has specific steps and requirements for probation transfers, making local legal knowledge essential. Working with an attorney familiar with the Los Angeles criminal process can help ensure that your move is handled correctly and your probation terms stay intact.

Probation is a conditional release that allows you to live in the community under court-imposed terms instead of (or in addition to) jail or prison time. In California, informal (summary) probation is usually assigned in misdemeanor cases and does not involve a probation officer. Formal probation, standard after felony convictions, does require direct monitoring by the probation department in the county of conviction.

Moving without court approval can itself be deemed a violation, exposing you to arrest warrants, reinstated jail time, and more severe penalties. A properly granted probation transfer allows the new county or state to monitor you legally, ensures access to appropriate rehabilitative programs, and avoids conflicts over restitution and fees.

California Penal Code section 1203.9 is the backbone of intra-state transfers. The statute directs the “transferring court” to move the entire case to the county where the probationer now “resides permanently with the stated intention to remain” unless the court finds transfer “inappropriate” and states its reasons on the record. Key highlights include:

• The receiving court must accept complete jurisdiction on the effective date of the transfer order.
• Victim restitution must be calculated before transfer whenever feasible. If the amount cannot be determined promptly, the original court retains jurisdiction solely to finalize the figure.
• The sending court must notify the California Department of Justice once the receiving court accepts the case.

Rule 4.530 adds practical structure to section 1203.9:

• Notice requirements mandate that the moving party (usually defense counsel or the probation officer) set the hearing and give at least 60 days’ notice to the receiving county’s presiding judge.
• Receiving-court comments must be submitted no later than 10 days before the hearing, allowing that court to voice concerns about program availability or victim issues.
• Mandatory factors the sending judge must weigh include the permanence of residence, local program availability, and outstanding restitution.
• Transfer order forms (Judicial Council forms CR-250, CR-251, and CR-252) streamline the record exchange and track unpaid financial obligations.

Experienced defense counsel frames the motion, so the judge views it as both lawful and beneficial. Effective motions typically:

• State the precise new address, employment (or education), and family ties that demonstrate permanence.
• Attach documentation of housing, job offers, school enrollment, or medical needs that necessitate the move.
• Detail comparable or superior supervision programs in the receiving county—especially substance-abuse treatment, mental-health counseling, or community classes—showing the client will thrive, not hide.
• Address restitution head-on by supplying payment history and a plan for continued compliance.

At the hearing, counsel should be prepared to answer questions about public-safety impact, victim input, and logistics of file transfer. Witnesses such as prospective employers or treatment providers can strengthen the record.

Upon acceptance, the receiving county’s probation officer becomes the supervising agent, and its superior court gains authority to modify, extend, or revoke probation, except that:

• The original court still handles restitution calculations if they were postponed.
• Fines, fees, and assessments imposed before transfer remain payable to the sending county’s collection program unless the transfer order expressly authorizes the receiving court to collect on its behalf.

Supervision conditions may be identical or adapted to local programs, but they cannot be made more punitive merely because of the move. If the new county lacks a similar class or counseling program, probation may approve an equivalent alternative.

A violation in the receiving county triggers local enforcement. Still, the ultimate revocation hearing will occur there, not in Los Angeles, unless the violation relates solely to unpaid restitution still under the original court’s jurisdiction. Penalties can include:

• Re-imposition of a stayed jail or prison term.
• Extension of probation (subject to the AB 1950 caps of one year for most misdemeanors and two years for most felonies, with specified exceptions).
• New or intensified terms, such as electronic monitoring or residential treatment.

California participates in the Interstate Compact for Adult Offender Supervision (ICAOS), a uniform agreement adopted in all 50 states. Under Penal Code §§ 11180-11181, California may send or accept probationers only in compliance with Compact rules.

The Compact distinguishes between mandatory and discretionary transfers:

• Mandatory acceptance applies when the probationer has more than 90 days left on supervision, is in substantial compliance, and has a valid plan (such as living with a close relative) in the receiving state.
• Discretionary transfers encompass other situations and necessitate a more thorough public-safety analysis.