§ 410.80 — Transfer of supervision of probationers

New York § 410.80

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title L: Sentence
• Part 2: The Principal Proceedings
• Art. 410: Sentences of Probation, Conditional Discharge and Parole Supervision

Text

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