I. Eligibility for Intrastate Transfer of Probation: Sentencing Court Responsibilities
- At sentencing or anytime thereafter, the court that placed the offender on probation may transfer supervision of the offender to a court of another jurisdiction in Indiana (intrastate transfer) when one of the following has been verified:
- Offender resides in the receiving county;
- Offender works in the receiving county;
- Offender is taking educational courses in the receiving county; or
- Offender has other significant contacts in the receiving county.
The original sentencing court must review petitions for subsequent transfers of probation to another county.
The offender must be current with all fines, costs, probation and program fees owed to the sentencing court and incurred prior to the intrastate transfer request unless forgiven by the sentencing court. The sentencing court may conduct hearings and/or issue orders to insure all fees are collected prior to issuing an intrastate transfer order.
- The sentencing court may designate in the sentencing order or a separate order that the offender is eligible for transfer of probation supervision to another Indiana county. The intrastate transfer process can be initiated by either the sentencing court or by request of the offender.
A sentencing court may authorize a receiving court to conduct probation revocation proceedings and impose sanctions on an offender for violating conditions of probation. A receiving court that does not accept the authority to conduct probation revocation proceedings and impose sanctions must notify the sentencing court when accepting the transfer of supervision.
- If the sentencing court has designated the offender is eligible for intrastate transfer of probation, the sentencing court shall:
- Have the offender complete the “Application for Intrastate Probation Transfer” with the following information: the offender’s name, date of birth, social security number, address where the offender will reside in the receiving county, telephone number, place of employment, and significant contacts/relatives residing in receiving county (if applicable). The application shall include that the offender may be subject to additional probation conditions from the receiving court, fact-finding and/or dispositional proceedings conducted by the receiving court, and detention in the receiving county, pursuant to these rules.
- Contact the receiving court’s probation transfer contact person to determine the specific date, time, location, and person the offender should report to in the receiving county.
- Provide the receiving court with the offender’s signed application form, the transfer request form, a copy of the Pre-sentence Investigation Report (PSI), the sentencing order, the transfer order (if not included in the sentencing order), the probation order, risk assessment forms/scores, a photograph and/or identifying traits of the offender, whether the offender’s DNA has been collected, and any other information the sentencing court deems appropriate.
- Provide the receiving court with the sentencing court’s probation officer contact, phone number, fax number, and e-mail address.
- Provide the receiving court with information if the offender is already on probation under another case number, whether the other term of probation runs concurrently or consecutively, and whether the offender is or has been in compliance with the terms of probation.
- Provide the receiving court with information if the offender has been unsuccessfully terminated on probation previously.
- If the sentencing court does not transfer supervision of an offender who resides in another county, the sentencing court must notify the contact person in the other county of the offender’s probation status.