Sometimes. If you are serving California probation, moving to another state usually requires an interstate compact transfer. Your California supervising officer must initiate the request, and you must obtain the authorized departure date and reporting instructions before relocating. Meeting the compact’s criteria does not itself give you permission to move or guarantee that California will send a request. Until you receive clear travel and reporting instructions, follow your current probation order.

California Penal Code § 1203(i) bars releasing a probationer to enter another state unless the case is referred to the interstate compact administrator. The Interstate Compact for Adult Offender Supervision (ICAOS) governs covered adult community supervision; it does not apply to every trip or every type of sentence. (Penal Code § 1203(i); ICAOS Rule 2.110)

Check which transfer route may fit

Under ICAOS Rule 3.101, the receiving state must accept a transfer if California chooses to send the request and the mandatory criteria are met. At the time the request is transmitted, generally all of these must be true:

  • More than 90 calendar days or an indefinite period of supervision remains.
  • You have a valid supervision plan and are in substantial compliance.
  • You are either a resident of the receiving state, or have qualifying resident family there who is willing and able to help and you have employment or another means of support.

“Resident” has a specific rule definition. It generally requires at least one continuous year in that state immediately before the supervision start or original sentence date, an intent to make it your principal residence, and compliance with the rule’s limit on absences. “Resident family” is limited to specified relatives who have lived in the receiving state for at least 180 calendar days by the request date and are willing and able to help under the plan. A new lease or a relative’s address does not by itself establish mandatory eligibility. (ICAOS Rules 1.101 and 3.101)

If those mandatory criteria are not met, California may still request a discretionary transfer under Rule 3.101-2. The request needs documentation showing how the move relates to successful completion, rehabilitation, public safety, and victim rights; the receiving state may accept or reject it. For a misdemeanor, Rule 2.105 adds a gate for mandatory transfer: the sentence must include at least one year of supervision, Rule 3.101’s criteria must be met, and the offense must involve one of the listed categories, such as direct or threatened physical or psychological harm, firearm use or possession, a second or later impaired-driving misdemeanor, or a registerable sex offense. Other misdemeanor situations need separate review; do not assume every probation case is covered or mandatory. (ICAOS Rules 3.101-2 and 2.105)

Apply through your California supervising officer

Give the supervising officer your proposed address, household or sponsor information, employment or other support plan, remaining supervision term, and information relevant to compliance. The officer and California compact process decide whether to transmit a complete request. The receiving state then investigates the plan. Its response period is generally up to 45 calendar days after its compact office receives a completed request—not 45 days from your first conversation or application. Incomplete or invalid requests may be rejected. (ICAOS Rules 3.102 and 3.104)

Do not treat filing a request, California’s agreement to seek a transfer, or eligibility as permission to relocate. The general process requires the completed request to be submitted before departure and bars travel to the receiving state until it responds, subject to limited rule-based exceptions. A response is not necessarily acceptance. Ask your officer for the authorized departure date and reporting instructions. After acceptance, confirm when reporting to the receiving state begins and continue following current conditions until the transfer takes effect. (Rule 2.110, Rule 3.102, and Rule 3.104-1)

This page concerns an interstate probation transfer. For a move between California counties, see moving counties while on California probation, which follows a separate process under Penal Code § 1203.9.

The Law Offices of David S. Chesley can review a California probation order and proposed interstate transfer with you. Call (800) 755-5174.