Custody/Supervision Processing - Probation Supervision Processing - Transferring Probation Supervision

1. Intrastate Probation Transfer of Supervision

Authority: State Division of Probation and Correctional Alternatives (DPCA) regulations.

a. If a probationer moves to another county during the course of serving the sentence of probation:

• The probation supervision is transferred to the county where the defendant resides.

• The original sentencing court may retain jurisdiction over the case for Violation of Probation re-sentencing purposes or may transfer court jurisdiction to a designated court (receiving court) in the county where probation supervision is transferred.

• If the original trial court transfers trial jurisdiction to a court in the locality where the individual's probation supervision was transferred, transfer orders should be filed with the receiving court and with the sending court by the receiving probation department.

b. The transfer order should include the key case identifiers and other pertinent information:

• NYSID

• Criminal Justice Tracking Number (CJTN)

• Arrest Date

• Sending Court Case Number

• Sending Court Name, Address, Phone Number

• Receiving Court Name, Address and Phone Number

c. Upon the request of the receiving court, the sending court must forward a copy of the entire court case file to the receiving court.

2. Interstate Probation Transfer of Supervision

Authority: Interstate Compact.

a. Local probation departments should submit a set of New York State Interstate Fingerprints to DCJS for all incoming Interstate cases.

b. A pre-filled DCJS-12 Fingerprint Card should be included with the case paperwork to be sent by the DPCA Interstate Unit to the receiving local probation department for completion of the fingerprinting and submission process.

c. If a local probation department does not have fingerprinting capability, arrangements for printing should be made with an arresting agency.

d. Fingerprint Cards should be provided by the transferring state, if possible, and forwarded by DPCA to DCJS as an inquiry transaction.

e. Local probation departments should include a completed Fingerprint Card along with the paperwork that they forward to DPCA for outgoing cases.

f. Electronic means of transmission of fingerprints to DCJS should be used when possible.

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