November 19, 2009
PROBATION AND TRAVEL OUT-OF-STATE
By: Christopher Reinhart, Senior Attorney
You asked if someone on probation can travel outside of the state, whether for a single night or an extended period. You also asked whether the state is part of an interstate compact that governs out-of-state travel by probationers.
The statutes authorize courts to impose a number of different conditions of probation. They do not specifically address out-of-state travel but they do authorize the court to order the defendant to satisfy any other conditions reasonably related to the defendant's rehabilitation (CGS § 53a-30(a)(17)). The statutes also allow the Judicial Branch's Court Support Services Division to require a probationer to comply with any of the conditions that the court could have imposed that are not inconsistent with the conditions the court did impose (CGS § 53a-30(b)).
According to information provided by Stephen Ment, Judicial Branch liaison, prohibiting someone from travelling out-of-state without the probation officer's permission is a standard condition imposed on probationers. Short-term travel is considered on an individual basis depending on how the probationer is doing meeting probation conditions, court orders, and other requirements.
Connecticut participates in the Interstate Compact for Adult Offender Supervision (CGS § 54-133). According to the compact's website, all 50 states and three U.S. territories participate in the compact (www.interstatecompact.org). The compact generally governs transferring supervision of offenders between states for longer periods of time and not short periods such as a single day or a vacation.
COMPACT FOR ADULT OFFENDER SUPERVISION
The Interstate Compact for Adult Offender Supervision states that each state is responsible for supervising adult offenders in the community who are authorized by the compact's bylaws and rules to travel between states in order to track their location, transfer supervisory authority in an orderly and efficient manner, and return offenders to their original jurisdiction when necessary.
Compacting states recognize that an offender does not have a right to live in another state and that officers of a sending state can enter a receiving state to apprehend an offender, subject to the compact's provisions, bylaws, and rules.
The compact creates an intestate commission that sets procedures and rules to implement the compact's provisions (CGS § 54-133).
The interstate commission adopted rules governing transferring supervision of offenders between states (available on-line at www.interstatecompact.org).
Generally, the compact rules apply to an offender who relocates, which is defined as remaining in another state for more than 45 consecutive days in a 12 month period (Rule 1.101). A state cannot allow an offender who is eligible for transfer under the compact to relocate to another state without following the compact's provisions and rules. If an offender is not eligible under the compact, then he or she remains subject to the state's laws and regulations (Rule 2.110).
Under the rules, a state (the sending state) has discretion to request that another state (the receiving state) assume supervision of an offender. If the sending state requests supervision in another state, the receiving state must accept the transfer if the offender:
1. has more than 90 days or an indefinite period of supervision remaining at the time of the transfer request;
2. has a valid supervision plan;
3. is in substantial compliance with the supervision terms; and
4. (a) is a resident of the receiving state, (b) has resident family in the receiving state who are willing and able to assist as specified in the supervision plan, or (c) can obtain employment in the receiving state or has means of support (Rule 3.101).
The rules contain specific provisions on transfer of certain misdemeanor offenders (Rule 2.105); employment transfer of a family member to another state, transfer of military members, and transfer of offenders who live with family who are members of the military (Rule 3.101-1); and transfer of sex offenders (Rule 3.101-3). The rules also provide an expedited process if emergency circumstances exist (Rule 3.106).
If an offender does not meet the criteria for transfer of supervision under these rules, a sending state can request a transfer of supervision but the receiving state can accept or reject the transfer, in a manner consistent with the compact's purposes (Rule 3.101-2).
An offender who is not relocating but leaving the state for routine business, vacation, visits to family, or similar out-of-state travel is not subject to the compact's rules for transfer of supervision even if they are otherwise eligible for transfer of supervision under the compact (Interstate Commission for Adult Offender Supervision, Advisory Opinion 2-2008, answering questions posed by Texas). The rules do require notice to victims in some circumstances for shorter periods of travel (Rule 3.108).