Section 410.80. Transfer of supervision of probationers  


Latest version.
  • 1.  Authority to transfer supervision. Where a probationer at the time
      of sentencing 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
      is  pronounced,  a 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 director of the state  division  of  probation  and  correctional
      alternatives.
        2.  Transfer  of  powers.  Upon  completion  of transfer 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.
        In  transfers  involving  a  defendant  sentenced  to  probation  upon
      conviction of a felony, the court served by the probation department  to
      which  supervision is transferred shall be the superior court within the
      jurisdiction of the  probation  department.  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.
        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.