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CA prison inmate is eligible for a transfer to an out-of-state prison, but doesn't want to be transferred, how to challenge?

San Francisco, CA |
Filed under: Criminal defense

If a CA state prison inmate is eligible to be transferred to an out-of-state prison (such as a private prison in Arizona), but he does not want to be transferred, is there a way to stop the transfer. I know there are exceptions for those with medical disabilities or other special circumstances, but are there any other ways to contest? Also, do they need the inmate's consent to transfer him?

Attorney Answers 3


  1. Most transfers are voluntary but they can send them involuntarily as well. He will either go to he'll go to Red Rock, La Palma or Florence if he is going to Arizona.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  2. The inmate should speak to the prison counselor and / or warden.


  3. CDCR has the authority to transfer prisoners to any prison facility, including out-of-state facilities under contract. Unless he can show that the transfer was a deliberate attempt to interfere with his communication, contact or relationship with his attorney, or if the transfer would be hazardous to his health, he likely cannot contest.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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