N.Y. Criminal Procedure Law § 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.