2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.80 - Transfer of Supervision of Probationers.

§ 410.80 Transfer of supervision of probationers.
1.  Authority to transfer supervision. Where a probationer at the time
of sentencing or an interim probationer at the time of the imposition of
the  period  of  interim  probation  supervision  resides   in   another
jurisdiction  within  the  state,  the  sentencing  court shall transfer
supervision to  the  appropriate  probation  department  in  such  other
jurisdiction.  Where,  after  a  probation sentence or interim probation
supervision is pronounced, a probationer or interim probationer  desires
to reside in another jurisdiction within the state that is not served by
the  sentencing  court,  such  court,  in  its discretion, may approve a
change in residency and, upon approval, shall  transfer  supervision  to
the   appropriate   probation  department  serving  the  county  of  the
probationer's  proposed  new  residence.   Any   transfer   under   this
subdivision must be in accordance with rules adopted by the commissioner
of the division of criminal justice services.
2. Transfer of powers. (a) Upon completion of transfer of probation as
authorized  pursuant to subdivision one, the probation department in the
receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
probation  department  in the jurisdiction of the sentencing court. Upon
completion of transfer, the appropriate court within the jurisdiction of
the receiving probation department shall assume all powers and duties of
the sentencing court and  shall  have  sole  jurisdiction  in  the  case
including jurisdiction over matters specified in article twenty-three of
the  correction  law.  Further,  the  sentencing court shall immediately
forward its entire case record to the receiving court.
(i) In transfers involving a defendant  sentenced  to  probation  upon
conviction  of  a  felony,  the  receiving court served by the probation
department to which supervision is transferred  shall  be  the  superior
court within the jurisdiction of the probation department.
(ii)  In  transfers  involving a defendant sentenced to probation upon
conviction of a misdemeanor, the receiving court served by the probation
department to which supervision is transferred shall be the  appropriate
criminal  court within the jurisdiction of the probation department. The
sending probation department shall consult with the probation department
to which supervision will be transferred to  determine  the  appropriate
criminal court to receive the case.
(b)  Where  a  transfer  is  authorized  for  a  defendant  on interim
probation supervision pursuant to subdivision one of this  section,  the
sentencing  court shall retain jurisdiction during the period of interim
probation.  The probation department in the receiving jurisdiction shall
assume all powers and duties of the original probation department in the
jurisdiction of the sentencing court.
3. Interstate compact. Nothing contained in this  section  affects  or
limits  the  provisions  of  section  two  hundred  fifty-nine-mm of the
executive law relating to out-of-state probation supervision.
4. Federal transfer of custody and  supervision.  Notwithstanding  the
provisions  of  any  other  law,  the  court  served  by  the  probation
department may consent to the transfer of custody and supervision  of  a
probationer  to  the United States Department of Justice pursuant to the
Witness Security Act of nineteen hundred eighty-four.