Parole, Probation Probation transfer

[adelia]

My question is whether or not ones mental health would influence their eligibility to transfer out of state if it's considered (by mental health professionals) to be in this persons best interest? By best interest I mean, a hospital out of state offers a specialized program for this person where the same can not be found in ones current location.

I posted in this section because I'm on probation due to a simple assault charge. Two years probation which I've served six months of thus far. I'm in good standing with my probation officer having complied with the terms and paid my debts ahead of schedule. I also have the support of my PO, who is willing to help, but has told me that the final decision is not up to him. I now have two separate doctor referrals for this program which is only offered at a hospital in Boston, MA. It's also a top rated psychiatric hospital and I do qualify. I'm just wanting to know if that would be enough of a reason to get a transfer. I'm not a resident of MA. nor do I have family there.

I was hoping for outside advice. If it would be in my best interest to obtain a lawyer, that would be helpful to know. If I missed anything, I'll be more than happy to fill in the details.

Thank you.

 

[army judge]

Ask the probation officer how you effect such a transfer.

You can probably do the paperwork yourself.


Have you obtained an admission to the hospital?

You'd need to have proof of that fir the court.

Bottom line, your plan is reasonable and the court should approve it.

Sent from my iPhone using Tapatalk

 

[adelia]

Thank you for your response. That would be great news!

Yes I have gained admission to the hospital, though they still require their own evaluation (for placement into specific programs). I already have a case worker at the hospital there who's helping me so I can provide proof for the court.

Thank you again.

 

[CdwJava]

Well, hold on ... the receiving state would also have to agree to accepting the out-of-state probationer ... you. They may not be capable of - or desire to - handle a probationer with mental health issues. The area he wants to go to may not want that added responsibility.

Certainly, you can apply, but there is no requirement for the receiving area to accept him. It might be better to seek an early release from probation if possible.

 

[adelia]

I do understand that the receiving state must accept responsibility of my supervision in order to transfer. Can I ask what added responsibility they would be taking on because I have a mental disorder? It's not such that I can't take care of myself or more importantly, control myself. The treatment program I'm in right now and the one I'm wanting to transfer for are both voluntary on my part. As far as I know, the state of NY is unaware of my mental disorder, so my probation is no different than anyone else. Granted, I'd be wanting to transfer due to my mental health issues, but I wouldn't expect it change my probation.

Sorry if that didn't make sense; I'm a bit tired. Thank you for response, though. Early release from probation would be the best possible solution, but I didn't think six months would be enough to consider such a thing. If that's an option, I'd pursue it.

 

[army judge]

Either way, early release or not, you've got something positive to pursue.

Things are looking up for you.

I commend you for trying to rehabilitate yourself.

I wish you much continued success.

 

[CdwJava]

If the state is providing you with your mental health services, then that could add another wrinkle into things. If your mental health is not a condition of probation (i.e. no requirements for medication, counseling, etc.) then maybe it will not be an issue for the transfer of probation. I have very often seen the two intertwined hence the reason I pointed this out.

If you can get the probation transferred or cut short in order to facilitate your treatment, great. Just understand that it is by no means a guaranteed deal.

 

[adelia]

I've contacted the probation office in Massachusetts (receiving state) that my PO suggested and I'm waiting to hear back. I was told that I should give them a heads up and explain my situation before my request is sent.

I know it's not a guaranteed deal. I just wish I had the option to bypass the technical aspects and just go before a judge in MA and plead my case. They could include my treatment as a condition of my probation and that would be fine with me.

Anyway, I really appreciate the information and responses. Thank you for the kind words as well.