N.Y. Comp. Codes R. & Regs. tit. 9 § 349.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 349.5 - Requirements for the temporary transfer of supervision of probationers

(a) Temporary transfer of a probationer may be approved by a sending probation department upon verification of temporary residency by the receiving probation department.

(b) Upon knowledge of a probationer's desire to temporarily reside in a place other than within the jurisdiction where the sending probation department is located for purposes of education, employment, or residential treatment, for a period of 30 consecutive calendar days or more not to exceed 10 months, the sending probation department may request the appropriate probation department within the State to temporarily assume courtesy supervision. Prior to a transfer of courtesy supervision, the sending department shall notify the court with jurisdiction of the transfer. Where residency can be verified, the receiving department shall accept supervision, absent special circumstances.

(c) The request by the sending probation department to the receiving department shall occur immediately upon knowledge of a probationer's desire to reside in another jurisdiction of the State. The sending department shall provide the receiving department at a minimum with the following:

(1) name of individual subject of transfer;

(2) subject's current and prospective street/apartment address;

(3) subject's current home and business telephone number;

(4) underlying offense or act;

(5) name of subject's current and prospective employer if different; and

(6) name, address, and telephone number of residential treatment provider or educational institution, where applicable.

(d) All information shall be promptly provided to the sending probation department by the receiving probation department upon request.

(e) Where the subject of the transfer has not provided adequate verification of his or her temporary address to the receiving department, the receiving probation department shall use reasonable efforts to verify temporary residency. Such efforts shall include at a minimum two written communications to the individual at the specified address provided by the sending department and a written or verbal communication with his or her employer, residential treatment provider, or educational institution, as applicable and it is recommended that a home visit be conducted.

(f) The receiving probation department shall, upon verification of temporary residency within its jurisdiction, provide written notification to the sending department as to their determination and complete the acknowledgment section contained in the applicable form and promptly return 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 material to the sending department.

(g) Where a probation is transferred, a sending probation department shall immediately provide the designee in the receiving department with the orders and conditions of probation and preliminary information about the probationer, including at a minimum the following:

(1) the name, address, and telephone number of the probationer and type of transfer;

(2) the probationer's date of leaving and date of arrival, if different;

(3) underlying offense which resulted in probation supervision and sentencing court; and if different

(4) the name, address, telephone number of probationer's current or prospective employer, residential treatment provider, and/or educational institution, whichever is applicable.

The sending department shall receive instruction from the receiving department as to where the probationer shall report. The sending department shall direct in writing the probationer that he or she shall report to a specific location in the receiving department within 10 business days of arrival.

(h) The sending department, upon approving the transfer, shall further transmit to the receiving department the following information:

(1) a completed form DCJS-16b, or such other form and/or manner as may be prescribed by DCJS;

(2) the pre-sentence or pre-disposition investigation report where available or in lieu of the report, a completed pre-sentence or pre-disposition report facesheet, the accusatory instrument or the petition, whichever is applicable, and police report(s) where available;

(3) periodic supervision reports;

(4) any mental health/substance abuse evaluation and/or treatment summary;

(5) any records regarding outstanding financial obligations;

(6) a photograph if available;

(7) a copy of any existing or recent orders of protection;

(8) all documents relating to sex offender registration, including photograph; and

(9) any other information authorized by law.

(i) Upon temporary transfer being authorized, the receiving department shall exercise supervision duties and forward to the sending department copies of periodic supervision reports and provide notification and documentation of any violation of terms and conditions of probation. Such duties shall continue until such time as completion or discharge from schooling, treatment, or cessation of employment in the receiving jurisdiction or 10 months, whichever occurs first.

(j) Any temporary transfer case shall be supervised at a level consistent with public safety and the needs of the probationer in accordance with Part 351 of this Title.

(k) Reapplication in temporary transfer cases shall occur in accordance with this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 349.5

The amended version of this section by New York State Register March 29, 2023/Volume XLV, Issue 13, eff. 3/29/2023 is not yet available.