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Interstate transfer of parolees

Information about how prisoners on parole can be transferred between one state and another.

It is possible for a person who is on parole to be transferred into or out of Victoria. An agreement has been made to process all transfers as soon as possible. This agreement gives the state that is receiving the parolee jurisdiction to deal with any breaches of parole, or if necessary, to cancel a parole order.

Transfer from Victoria

The parolee will need to get permission from their Community Corrections Service first. The Corrections service will need to submit a report recommending transfer to the Adult Parole Board ('the Board'). The Board will then make a formal transfer request interstate.

Once the transfer has been approved and registered in the other state, the decision is entered into the database and the state that has agreed to receive the parolee assumes jurisdiction for the parolee.

The parolee must not travel interstate until they get formal approval by the interstate authorities. If the receiving state refuses to formally register the Victorian parole order, the parolee must remain in Victoria.

Transfers may be delayed if the parolee has:

  • indicated that they may relocate again
  • committed additional offences
  • repeatedly failed to comply with conditions or directions, or
  • failed to report as required.

See Adult Parole Board Victoria—Parole manual(opens in a new window).

Transfer to Victoria

If a parolee is applying to move to Victoria it is the responsibility of the interstate authority to make arrangements with Corrections Victoria for that transfer to occur. They do this by forwarding a written request to the Transfers co-ordinator of Corrections Victoria. They must include all relevant documents that relate to the parolee.

Once the Board has assumed jurisdiction of the parolee, they may request that the person attends a meeting with the Board. At this meeting the Board will:

  • confirm that the parolee is under the jurisdiction of the Victorian Adult Parole Board
  • explain what their expectations are
  • consider the conditions that have been ordered interstate and see if changes are needed, and
  • assess the parolee's progress and decide whether any further reports are needed.

Once transferred to Victoria the Victorian law applies just as if the sentence was imposed in Victoria. The Board may deal with any breaches of the Parole order in the same way as any Victorian parolee.

See s. 9—Parole Orders (Transfer) Act 1983 (Vic)(opens in a new window) and s. 74(5)—Corrections Act 1986 (Vic)(opens in a new window).

More information

Legislation

Parole Orders (Transfer) Act 1983 (Vic)

  • s. 9—effect of registration of parole order

See Parole Orders (Transfer) Act 1983 (Vic)(opens in a new window).

Corrections Act 1986 (Vic)

  • s. 74(5)—Board may impose additional terms and conditions on parole order, vary the terms and conditions or attach a condition requiring the parolee to submit to electronic monitoring.

See Corrections Act 1986 (Vic)(opens in a new window).

Reference

Adult Parole Board Victoria

  • '7.2—Transfers of parole between states and territories' in 'Adult Parole Board—Parole Manual'

See Adult Parole Board Victoria—Parole manual(opens in a new window).

Updated