Legal Question in Criminal Law in California

Tranfering Prison time and parole to a different state

I guess my question is would it be at all possible if someone is on parole in California and receives a violation of parole, for that person to tranfer the prison time required for the violation and parole to a different state and not just the parole after release but if they can be transfered before release?


Asked on 3/10/04, 3:24 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Tranfering Prison time and parole to a different state

No. States have no incentive to house inmates who were convicted in another state's court's of violating that state's laws. Prison beds are in limited supply and it costs money to house and feed an inmate, so states have strong incentives to reject such transfers.

From time to time, a state with a crowded prison system may pay another state which has excess space to hold some of the first state's prisoners. This is done for the convenience of the states and not of the inmate, and the inmate does not have much of a say in whether he is included in this program or where he is sent.

Parolees are generally allowed to move out-of-state, but they still must meet the conditions of their parole and must report (often by phone) to parole officers from the state where they were convicted. States do not have to take on the burden of supervising parolees who were convicted elsewhere. Besides, laws vary quite a bit from one state to another and the new state may not even have a mechanism in place to enforce certain aspects of the original state's orders.

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Answered on 3/10/04, 2:14 pm


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