Your probation case may be transferred to the county where you permanently live, but changing your address does not itself transfer supervision or change your probation terms. Under Penal Code § 1203.9, a permanent-residence transfer is requested by noticed motion in the transferring court. For a permanent resident who intends to remain for the supervision term, the court must transfer the case unless it finds the transfer inappropriate and states its reasons. If victim restitution was ordered as a supervision condition, the amount normally must be determined first; the statute allows transfer before that determination when it cannot be completed within a reasonable time. (Penal Code § 1203.9(a))
Before making plans, review your probation order and ask your lawyer or supervising probation officer how to request transfer. A future intention to live elsewhere is not enough by itself. Rule 4.530 directs the court to consider facts such as where you actually reside, whether supervision programs are available in the receiving county, restitution, and victim-related concerns. (California Rules of Court, rule 4.530)
Start the transfer request through the proper route
Under rule 4.530(d), a party other than the probation officer first asks that officer in writing to give notice of the transfer motion. The party may bring the motion if the officer refuses; failure to respond within 30 days counts as a refusal. The rule requires at least 60 days’ notice of the transfer hearing and identifies who must be notified. These are motion procedures, not permission to move or a deadline that changes your existing restrictions. Counsel can check the local filing process. (California Rules of Court, rule 4.530(d))
Prepare the facts for the transfer request
Gather your current probation order, proposed address, expected move date, and information showing whether the new residence is established and permanent. Also identify any reporting requirements, treatment or other programs, restitution balance or payment plan, and protective or no-contact conditions that may affect the move. Give the information to counsel or probation so the request can address the court’s relevant concerns.
The receiving county does not take over simply because you have relocated or notified an officer. The transfer takes effect on the date the transferring court orders it. Existing unpaid court-ordered amounts generally remain payable through the transferring court’s collection program, although an approved arrangement can let the receiving court collect them. Confirm both reporting and payment instructions. Until you receive updated instructions, follow the current order and reporting directions. Do not assume that a move pauses supervision or authorizes missed appointments. (Penal Code § 1203.9(b)–(e))
This page concerns a transfer between California counties. Moving to another state involves the interstate compact process, a separate procedure addressed in Penal Code § 1203(i). (Penal Code § 1203(i))
The firm’s probation and parole violations page covers supervision issues generally. For help understanding a proposed move and transfer request, contact the Law Offices of David S. Chesley at (800) 755-5174.