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Here's a (true) scenario, and if somebody here could answer what might
happen at the end of the story, I'd really appreciate it:
A male inmate in the Wisconsin prison system--- not a sexual offender, by
the way; just standard burglary/theft--- is due to be released in July of
2005. He's got two years of extended supervision to serve after he's let
out.
He *really* wants to move to Illinois and serve out his supervision time
there. His main purpose is to be with a girl he's acquainted with by mail,
but has not yet actually met. The girl's father has promised him employment
and a place to stay.
However, the inmate's family and previous residence (for years) is in
Wisconsin. He's got no history in Illinois at all, nor any family there.
What are the chances of his supervision time actually being transferred to
Illinois, as he wishes? I've looked at the Wisconsin Statutes for this,
and they are written in such confusing legal terminology that I can't really
make a lot of sense out of them one way or the other.
Even if Wisconsin law did permit such a transfer in this case--- would there
be any other extenuating circumstances that could be taken into account
here? Would the inmate have to appear in some sort of a hearing to plead
his case to be moved to another state, or would the transfer automatically
go through with very little fuss?
If there was a hearing, could his family or the girl and her family, or
other outside parties testify either in his behalf, or against him? He has
known this girl since July of 2004; in other words about 6 months.
What if the inmate were mentally ill in some way? Would somebody have to
*prove* him mentally ill? How might all this work out? If somebody could
let me know--- or even tell me how I might go about finding out--- that
would be great. You can post here, or email me privately, either way.
Thanks!!!
Dave
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Dave Hill wrote:
Here's a (true) scenario, and if somebody here could answer what might
happen at the end of the story, I'd really appreciate it:
This sounds like a "NIMBY" argument.
"Not in my back yard" will it happen.
I have a hunch the state of wisconsin would not allow the move.
Unless Wisconsin has some kind of arrangement with Illinois.
As part of the release agreement, the inmate would have to answer to
wisconsin authorities all the way.
Just my personal non-legal opinion.
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Wisconsin is in the Interstate Compact, so at least in theory he can
get his probation transferred to just about anywhere except
Massachusetts (IIRC, the only state that isn't). He would need approval
of both states. Having a lawyer who can present his reasons for doing
this well would be a big help.
His having no present ties with Illinois is going to present a problem,
but if Girlfriend and Father are really willing to go to bat for him,
it may not be insurmountable.
One thing I believe Wisconsin requires is that he sign a waiver of
extradition. So if Wisconsin wants him back, he can't fight it, he has
to go.
--
Not a lawyer, he really shouldn't do this without a lawyer,
Chris Green
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