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Interstate Compact Expedited Transfer

As we've discussed elsewhere, Arizona probationers may be permitted to move to a new state under the interstate compact rules for transfer of probation. Normally, an interstate compact probation transfer application can take months to complete. Someone who applies in June may not get their reporting instructions (the official permission to move) until December. But in certain circumstances, expedited reporting instructions may be appropriate. The typical expedited transfer case involves a probationer who works and resides in another state, but happens to have committed the Arizona crime.

Before an expedited interstate compact transfer can be contemplated, the probation department must agree that "emergency circumstances" exist. Then, if the receiving state also agrees that "emergency circumstances" exist, then the expedited reporting will be appropriate. If one state or the other does not believe that those circumstances exist, then expedited transfer is not available and the normal processes must be used. The term "emergency circumstances" is not well defined within the interstate compact rules, but common sense applies.

Note that the expedited reporting instruction section does not apply to cases where the probationer was already living in the receiving state at the time of sentencing. In such a case, a different rule applies to permit the probationer to return home in an accelerated manner.

If the states do each agree that emergency circumstances exist sufficiently for expedited reporting instructions, things move faster. The expedited reporting process doesn't necessarily cut time off of the application process itself, but it DOES allow the probationer to report to the receiving state while the application is pending.

In the typical interstate compact case, the receiving state has 45 days to review the application before giving an answer. If the request for expedited reporting is made, then the receiving probation department has to determine within 2 days of receipt of the application whether the expedited reporting instructions will be granted.

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