Former Senior LA Prosecutor. Harvard Law School Educated. Following a conviction for a misdemeanor or felony , a defendant may be placed on probation.
Formal probation, in which a person is actively monitored by a probation officer, is typically granted on felony cases. The county in which the person was convicted and sentenced is responsible for the supervision.
What happens if the person on probation is from a different county or state, or is planning on moving? Fortunately, it is possible to transfer probation to another county or state. There are specific provisions in the California Penal Code, which outline the process. California Penal Code section The exception outlined in California Penal Code section If victim restitution was ordered as a condition of probation or supervision, the transferring court must determine the restitution amount prior to transferring unless that cannot be done within a reasonable time.
A motion to transfer probation to a different county will need to contain sufficient details to convince the court that transfer is appropriate. For instance, it is not sufficient to simply state that the person intends to move to a different county.
Additional information about why they are moving, when and how will need to be clearly presented. The Court, when considering whether to transfer probation to a different county, will also look at whether there are sufficient programs available in the proposed county to appropriately supervise the person.
