Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
How does the interstate compact work in Colorado?
Colorado is a member of the interstate compact – formally called the Interstate Compact for Adult Offender Supervision – which regulates if and how criminal defendants can have their probation or parole transferred between states. Probationers and parolees who move to or from Colorado in violation of the interstate compact face being remanded to jail or prison.
The interstate compact may allow probationers and parolees to move to or from Colorado for any of the following eight reasons:
Note that “moving” means to live in the receiving state for more than 45 days in a row in a 12-month period.2
People on parole or probation for the following types of offenses may be eligible to move under the interstate compact:
In addition, the felon or misdemeanant must have at least three months of supervision remaining. And they must be in substantial compliance with their parole or probation.
Note that the interstate compact does not apply to defendants subject to a deferred sentence with no supervised program.4
People on parole or probation who wish to move to or from Colorado first must discuss it with their parole or probation officer. If the officer finds that they are eligible, the officer submits the required documents to the Interstate Compact Offender Tracking System. Then the receiving state will either reject the transfer request or accept it and send the parolee/probationer new reporting instructions and a “plan of supervision”.
This entire “transfer of supervision” process under the interstate compact takes about two months, but it can be longer. And even if it seems like a “sure thing” that the relocation request will go through, the parolee or probationer may not move until the entire request process has finished.5
Following a move across state lines to or from Colorado, parolees and probationers are subject to the same or similar conditions that they followed in the sending state. They must comply with any registration and DNA testing that the receiving state mandates. And if they violate their conditions, they can be remanded to jail or prison.
Yes, all fifty states follow the interstate compact rules. The District of Columbia, the U.S. Virgin Islands, and Puerto Rico are members as well. Since the interstate compact has the authority of federal law, it trumps state law.
The national interstate compact office is located in Kentucky.
When a receiving state denies transfer of a probationer or parolee from Colorado, it is typically because the person has no ties to Colorado such as family or employment.
See our related articles on Colorado probation.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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