CURRENT RESTRICTIONS ON TRANSFERS OF PROBATION/PAROLE TO ANOTHER STATE DURING THE CORONAVIRUS COVID-19 PANDEMIC

CURRENT RESTRICTIONS ON TRANSFERS OF PROBATION/PAROLE TO ANOTHER STATE DURING THE CORONAVIRUS COVID-19 PANDEMIC

roger Law News

Updated March 20, 2019

CURRENT RESTRICTIONS ON TRANSFERS OF PROBATION/PAROLE TO ANOTHER STATE DURING THE CORONAVIRUS COVID-19 PANDEMIC

Due to the current state of affairs, many states have suspended accepting Inter-State Compact Probation/Parole cases. This means that if you are currently on probation/parole in Arizona, or are sentenced to probation in Arizona, you may not be able to transfer your probation/parole to another state. According to the Interstate Commission for Adult Offender Supervision, the following are a list of states that have placed restrictions, with a brief summary of the restrictions imposed, if applicable:

Alabama

Alabama will be working a skeleton crew starting March 17, 2020.  The office will attempt to meet the ICAOS timelines as much as possible at this time.  The office will be working diligently to process transfer requests, but may not meet all deadlines due to decrease in staff.

Alaska

Alaska is suspending all compact transfer requests and travel permits for 30-days beginning March 18, 2020.

Arizona

Only Maricopa County has suspended all extraditions, including interstate compact retakings, for the next 30 days beginning March 19, 2020. The Arizona State Compact Office remains open.

Arkansas

Arkansas is placing a hold on extraditions for 30 days beginning March 16, 2020.  Transfer Requests will only be processed to and from Arkansas for offenders who were living in the receiving state at the time of sentencing or for offenders who have extenuating circumstances such as homelessness.

California

California is suspending all Interstate Compact related Transfer Requests and Travel permits for a period of 30 days effective March 16, 2020. California will re-assess the situation following the 30 day time period to determine whether normal operations can resume or additional suspension time is necessary.

Colorado- Probation

Effective March 17, 2020, Colorado transfers or returns into or out of the following judicial districts will be suspended for the next 30 days with exceptions being made on a case-by-case basis for individual probationers living out of state but in close proximity to the Colorado borders:

1st Judicial District (counties: Jefferson, Gilpin)

2nd Judicial District (counties: Denver)

5th Judicial District (counties: Summit, Clear Creek, Lake, Eagle)

10th Judicial District (counties: Pueblo)

14th Judicial District (counties: Moffatt, Routt, Grand)

17th Judicial District (counties: Adams, Broomfield)

18th Judicial District (counties: Arapahoe, Douglas, Elbert, Lincoln)

20th Judicial District (counties: Boulder)

All judicial districts are suspending field visits, reducing or suspending drug testing and treatment participation, limiting jail contacts, and using technology or telephone for Pre-Sentence Investigation interviews.  Face to face contacts with probationers will be suspended or modified and replaced with phone meetings based on their assessed risk level and any identified behavioral risks. The entire Colorado Judicial Branch (Probation) is working with restrictions and delays are expected. Colorado Probation will review and provide updates, at a minimum, every 30 days.

Colorado-Parole

Effective March 18, 2020 and until further notice, submission and processing of both incoming and outgoing Interstate Transfer Requests are suspended.  Additionally, Travel Permits are being suspended for 30 days.

Connecticut

Connecticut Interstate is suspending all compact transfers in or out of state for a period of 30 days, starting March 16, 2020. Connecticut is also requesting that no travel permits be issued for travel to and from CT, except in urgent cases or as part of a transfer or return previously approved. Anyone already in CT under approved reporting instructions may remain while the 30 day suspension is in place. Retakings and extraditions will be limited and decided on a case by case basis. The Connecticut Interstate Compact Probation and Parole Offices are open and available to address any issues.

Delaware

As of March 19, 2020, the Delaware Interstate Compact Office is limiting retakes and extraditions, suspending discretionary transfer requests and will have limited in-person reporting. Delaware will advise when resumption of the aforementioned services are re-instated.

District of Columbia

No restrictions imposed as of March 20, 2020.

Florida

Florida Field Offices will remain open and operations are to continue. Field work continues to monitor compliance with ordered conditions of supervision. Initial contact with transfer cases entering the state will be by done an in-person office visit. Subsequent monthly reporting will be conducted by phone or as directed by the supervising officer. Officers conducting field interactions will utilize reasonable caution against virus exposure while completing field contacts. For those cases with approved RFRI’s, the offenders should follow the instructions provided in the approved reply to reporting instructions.

For the next 30 days, beginning March 20, 2020, Florida will receive and investigate Transfer Requests for the transfer reasons of:

Resident of the receiving state within the meaning of the Compact and Resident family AND     Employment or Means of Support (where the offender was already in Florida at the time of     sentencing)

Transfer of military members or offenders who live with members of the military.

No discretionary transfer requests will be processed at this time.

For the next 30 days, beginning March 20, 2020 Florida will only receive Requests for Reporting Instructions for offenders:

Living in the receiving state at the time of sentencing.

If there is an emergency, homelessness alone nor desire to transfer is an emergency, where the     sending state believes that a transfer request or request for reporting instructions needs to be     submitted, the Florida Compact Office can be contacted to discuss the situation for possible    exceptions.

For the next 30 days, beginning March 20, 2020, Florida is requesting travel restrictions of offenders for all leisure travel to Florida.

Georgia

Georgia field offices will remain open and operations are to continue. As of March 13, 2020, non-essential duties and travel are suspended for now.

Hawaii

As of March 17, 2020, Hawaii will be imposing a restriction for all travel permits and transfers until April 17, 2020.

Idaho

No restrictions imposed as of March 20, 2020.

Illinois-Probation

As of March 18, 2020, Illinois probation is suspending interstate compact transfers and travel for the next 30 days and will re-assess the situation following the 30 day time period to determine whether normal operations can resume or additional suspension time is necessary. The compact office still remains operational.

Illinois-Parole

As of March 16, 2020, Illinois Parole is suspending all compact transfers in or out of state for a period of 30 days, unless the transfer was previously approved and the offender is scheduled to release in the next 30 days.  The Illinois Parole office also requests that no travel permits be issued for travel to Illinois except in urgent cases or as part of a transfer or return previously approved. Extradition will be limited and decided on a case by case basis.

Indiana

No restrictions imposed as of March 20, 2020.

Iowa

Effective March 17, 2020, Iowa is suspending all incoming parole transfers (sex offenders and regular cases) and incoming probation sex offender transfers until April 1st, 2020. However, Iowa will still entertain regular probation transfer requests. The Iowa probation office requests no travel permits be issued for travel to Iowa except in urgent cases.

Kansas

As of March 16, 2020, the Kansas Department of Corrections has determined to suspend all out of state transportation of offenders in custody. This will affect the state of Kansas in retaking offenders under the ICAOS Mandatory Retaking Chapter 5. Kansas will evaluate each case and in two weeks (March 30, 2020) will review and determine if able to resume transporting offenders from out of state. The Kansas Compact Office will monitor and record each case that this may impact.

Kentucky

Beginning March 18, 2020, the three restrictions Kentucky are imposing for 30 days only are:

  1.           May not meet all deadlines due to decrease in staffing
  2.           Limited retaking (due to the courts minimizing hearings)
  3.           No in-person reporting (report over the phone)

The Interstate Compact Office for Kentucky will continue to process all transfers, retaking’s, violations, etc. at this time.

Louisiana

Effective March 18, 2020, Louisiana is imposing restrictions for 30 days. All transfer requests will be suspended during this period. Reporting instructions will be processed in a limited basis. The Louisiana office is also requesting an extension beyond the rule-related timeframes set forth in the ICAOS Rules.

Maine

As of March 20, 2020, Maine will be limiting transfer requests going out to only those requests that the Maine office consider to be essential. This includes newly sentenced probationers and releases from custody who are residents of another state. For incoming cases, Maine will attempt to investigate transfer requests for offenders who meet the definition of resident per the compact or who were granted reporting instructions. Maine asks that states refrain from submitting any other transfer requests at this time.

Maryland

As of March 20, 2020, Maryland is suspending transfer requests, travel requests, and are unable to retake offenders.

Massachusetts- Probation

As of March 18, 2020, Massachusetts is suspending all transfer requests in and out of the state for the next 30 days. Travel Permit Requests are limited.

Massachusetts-Parole

As of March 18, 2020, Massachusetts Parole is enacting the following restrictions: All incoming and outgoing transfer requests will be suspended until April 13, 2020. All incoming and outgoing travel permits will also be suspended until April 13, 2020. In the event the COVID-19 emergency subsides, the suspension’s end will resume earlier.

Michigan

Effective March 20, 2020, and for a 30 day period, Michigan is limiting retakes and extraditions. Transfer requests may not meet all deadlines due to reduced staffing.  Acceptance of Discretionary Transfers will be limited to emergencies only.

Minnesota

No restrictions imposed as of March 20, 2020.

Mississippi

Beginning March 19, 2020, Mississippi is currently not extraditing any offenders for the next 30 days.

Missouri

Effective March 19, 2020, Missouri will be imposing the following restrictions for 30 days:

  •   Transfer Requests will not be processed or investigated at this time.
  •   Pending Transfer Requests may be delayed based on whether the home plan was verified before the restrictions.
  •   Reporting Instructions will only be processed for those offenders who were living in the receiving state at the time of sentencing and those that have significant extenuating circumstances.  They will be required to report by phone only until regular office visits resume.

Any emergency situations that may require an exception to the above should be discussed with the Missouri office.

Missouri requests no travel permits be issued for travel to Missouri absent those required for employment or for emergent situations.

Montana

Montana Interstate is suspending all compact transfers in or out of state for a period of 30 days starting March 16, 2020. Montana also requests no travel permits be issued for travel to MT except in urgent cases or as part of a transfer or return previously approved. Anyone already in MT under approved reporting instructions may remain while the 30 day suspension is in place. The compact office remains open at this time with regular phone and email communication channels available to address any issues.

Nebraska- Parole Only

Nebraska Parole Office requests no new Transfer Requests be submitted effective March 16, 2020 until April 1, 2020; the Nebraska Parole Compact Office will likewise not submit any Transfer Requests to other states during this time. Requests for Reporting Instructions for an offender to return to Nebraska will be processed according to Compact Rules.

Nebraska Probation has no restrictions at this time.

Nebraska is restricting leisure travel to and from Nebraska effective March 16, 2020 until April 1, 2020.  Emergency and employment travel permits will be allowed. Offenders who have already been approved to have parole transferred to Nebraska will be allowed to proceed to Nebraska for supervision.  Management of transportation for returns is not currently impacted.

Nevada

As of March 16, 2020, only mandatory transfer requests for offenders sentenced on or after Friday, March 13, 2020 will be processed for the next 30 days.

New Hampshire

No restrictions imposed as of March 20, 2020.

New Jersey-Probation

New Jersey Probation will be restricting incoming and outgoing transfer requests to residents only as defined by the Compact (standard 30 days from March 20, 2020).

Processing of all Probation incoming and outgoing discretionary transfer requests will be suspended (standard 30 days from March 20, 2020).

Probation’s DCA will review all probation travel permit requests. Travel permits submitted must be deemed to be essential only. All leisure travel will be denied.

Extraditions and retakings may be limited or delayed.

New Jersey-Parole

New Jersey Parole has suspended new transfer requests and travel permits (for more than 24 hours) as of March 18, 2020 for a period of 30 days.

New Mexico

As of March 16, 2020, New Mexico is no longer allowing compact transfers in or out of the state for 30 days. In addition, all extraditions will be suspended for the next 30 days for NM parole offenders.

New York

No restrictions imposed as of March 20, 2020.

North Carolina

No restrictions imposed as of March 20, 2020.

North Dakota

As of March 18, 2020, North Dakota’s transport unit has been shut down for at least 30 days.  Other restrictions within the Parole & Probation Unit: unable to retake offenders, suspension of field contact, restriction on non-essential in-state travel.

Ohio

At this time, Ohio is requesting that discretionary transfer requests be suspended until April 17, 2020. Further, any request for expedited reporting instructions will not be approved during this time. If there are extenuating circumstances that the sending state believes should warrant the offender to be permitted to come to the State of Ohio, the Ohio Interstate Compact Office needs to be contacted to staff. The office will continue to investigate mandatory transfer requests. Additionally, Ohio field staff are being advised to not submit discretionary transfer requests or expedited reporting instructions at this time. Travel permits should continue to be limited to emergency circumstances only.

Oklahoma

As of March 18, 2020, Oklahoma Interstate is suspending all compact transfers, travel permits and retakings starting immediately. This is being re-evaluated daily, but is in effect until at least April 1, 2020.

Oklahoma also requests no travel permits be issued for travel to and from OK, except as part of a transfer or return previously approved.

Anyone already in OK under approved reporting instructions may remain while the suspension is in place.

The OK Interstate Compact Probation and Parole Offices are open and available to address any issues.

Oregon

As of March 17, 2020, Oregon is no longer allowing compact transfers into our state for the next 30 days, unless the transfer was previously approved and the offender is scheduled to release in the next 30 days.

Pennsylvania

For incoming cases, Pennsylvania will issue reporting instructions for offenders who were living in PA at the time of sentencing.  PA will investigate transfer requests for offenders who meet the definition of resident per the compact or who were granted reporting instructions.  If a state is considering the submission of a case that falls outside these parameters, contact should be made with a PA interstate manager via email for review.  PA asks that states refrain from submitting any discretionary transfer requests at this time.

PA intends to follow the rules regarding retakes; however, unforeseen issues may crop up that prevent a timely retake from occurring.  Contact will be made with the receiving state’s compact office in these scenarios.

Rhode Island

As of March 19, 2020, Rhode Island Interstate Office will be restricting activity for the next 30 days.

  •   All travel permits coming into RI have been suspended.
  •   No Transfer Requests will be sent out.
  •   The office will not be accepting any Transfer Requests coming in from other states.

South Carolina

No restrictions imposed as of March 20, 2020.

South Dakota

No restrictions imposed as of March 20, 2020.

Tennessee

No restrictions imposed as of March 20, 2020.

Texas

No restrictions imposed as of March 20, 2020.

Utah

As of March 13, 2020, Staff is telecommuting.  Suspension of all transfer requests and reporting instructions (including those falling under 3.103).  Emergency only travel permits. Limited in person reporting depending on field location. Continuing with extradition returns at this time.

Vermont

As of March 16, 2020, Vermont will review and investigate transfer requests from other states, but depending on the circumstances may ask the sending state to put the request on hold for a period of time.

Until further notice, Vermont will be unable to retake offenders due to a lack of transportation resources.

Virgin Islands

No restrictions imposed as of March 20, 2020.

Virginia

No restrictions imposed as of March 20, 2020.

Washington

No restrictions imposed as of March 20, 2020.

West Virginia

No restrictions imposed as of March 20, 2020.

Wisconsin

As of March 18, 2020, Wisconsin is respectfully requesting that discretionary transfer requests be suspended until April 18, 2020. If there are extenuating circumstances that the sending state believes should warrant the offender to be permitted to come to the state of WI, the office can be contacted for review. Any request for expedited reporting instructions will not be approved during this time.

Field work is limited in the state of WI, but at this time, the office will continue to investigate mandatory transfer requests.

In addition, retaking cases and extraditions will be limited and decided on a case by case basis. Travel permits should continue to be limited to emergency circumstances only.

Wyoming

No restrictions imposed as of March 20, 2020.

Puerto Rico

Until March 30, 2020, ICOTS investigations of pending Transfer Requests that will not be completed during this time. Puerto Rico is respectfully requesting the members of the Interstate Compact not to submit any Transfer Requests during this period of time, which has the possibility of being extended.  In addition, Puerto Rico will not submit any Transfer Requests.