New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.4 - Requirements for the intrastate transfers of supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any intrastate transfer must be pursuant
				  to a designation and order of the court. A probationer must agree in writing to
				  comply with any and all conditions set forth by the receiving court and be
				  subject to any other fees and/or surcharges authorized by law. No intrastate
				  transfer shall be initiated by a sending probation department when there exists
				  a pending violation of probation in its jurisdiction unless the receiving
				  probation department expresses in writing willingness to accept transfer. No
				  transfer of interim probation cases shall be initiated unless statutorily
				  authorized. Transfers are prohibited whenever there exists pending criminal
				  charge(s) in the sending jurisdiction unless the probationer is a resident of
				  the receiving jurisdiction at time of commission of the offense or at
				  sentencing/disposition or has family residing in the receiving jurisdiction
				  with whom he/she will reside, the transfer enhances public safety, and the
				  receiving probation department expresses in writing willingness to accept
				  transfer.
(b) Prior to a transfer,
				  the sending probation department shall provide the court with information
				  relevant to a probationer's prospective plan of transfer, including residence,
				  in the jurisdiction to which supervision is to be transferred.
(c)
(1)
				  Immediately upon knowledge that a person being considered for probation or on
				  probation resides or desires to reside in another jurisdiction, the sending
				  probation department may request the receiving probation department to verify
				  the subject's residence or prospective residence except those cases enumerated
				  in paragraph (2) of this subdivision. All efforts shall be made to afford the
				  receiving department adequate time so as not to delay disposition of the case.
Factors that may be considered when determining suitability
					 to transfer to another probation department are the individual's address for
					 mailing and/or tax purposes, where he/she lives the majority of time, votes,
					 and where his/her vehicle is registered.
(2) Prior to a transfer involving any person
				  convicted or adjudicated of an offense defined in articles 130, 235, 263 of the
				  Penal Law or section 255.25 of such law, or of an offense between spouses,
				  parent and child, or between members of the same family or household, or any
				  other crime where an order of protection exists, and where a probationer is not
				  a resident of the receiving jurisdiction at the time of sentencing or
				  disposition, the sending probation department shall afford the receiving
				  probation department the opportunity to investigate the prospective transfer
				  and verify actual residence prior to his/her movement and transfer of
				  supervision to a receiving jurisdiction. For purposes of this section, offense
				  shall include the criminal offense or matter for which convicted or
				  adjudicated, as well as any other criminal offense or matter that is part of
				  the same criminal transaction or underlying behavior or that is contained in
				  any other accusatory instrument or petition disposed of by a plea of guilty or
				  finding of fact or admission of guilt in satisfaction.
(3) The sending probation department shall
				  provide the receiving department at a minimum the following information:
(i) subject's current address and prospective
				  address, if different;
(ii)
				  subject's current home and business telephone number;
(iii) the order and conditions of
				  probation;
(iv) a copy of any
				  existing order of protection;
(v) a
				  brief description of the underlying offense or act;
(vi) where applicable, subject's current
				  employer and prospective employer if different; and
(vii) where applicable, the name, address and
				  telephone number of the subject's residential treatment provider or educational
				  institution.
(4) The
				  receiving probation department shall use reasonable efforts to verify residency
				  in a prompt manner. Where the subject of the proposed transfer has not provided
				  adequate verification of his or her address such efforts shall include, at a
				  minimum, two written communications to the subject of the transfer at the
				  address provided by the sending department. Where no response has been obtained
				  from these written communications, it is recommended that a home visit be
				  conducted.
(5) Upon verification of
				  residency by receiving department all information shall be promptly provided to
				  the sending department by the receiving probation department upon
				  request.
(6) The receiving
				  probation department shall, upon verification of residency within its
				  jurisdiction, complete the acknowledgment section contained in the applicable
				  form and promptly return, by fax if available, two duly executed copies to the
				  sending probation department. Upon a finding of nonresidency, the receiving
				  department shall complete the acknowledgment section contained in the form and
				  promptly return two duly executed copies and all transfer materials to the
				  sending department.