N.Y. Comp. Codes R. & Regs. tit. 9 § 351.8

Current through Register Vol. 46, No. 50, December 11, 2024
Section 351.8 - Interstate and intrastate transfer cases

If a probationer requests an interstate or an intrastate transfer of supervision during the term of probation, the probation department shall adhere to applicable state law governing interstate or intrastate transfer, the Interstate Compact for Adult Offender Supervision or the Interstate Compact for Juveniles and their respective governing rules, where applicable, and additional regulatory requirements set forth in Part 349 of this Title with respect to the Interstate and Intrastate Transfer of Probation Supervision for Adults and Juveniles. A review of the probationer's compliance with conditions of probation and his/her progress in meeting the goals of the case plan should be considered before a transfer is recommended or initiated. For criminal court cases, where a probationer is granted permission to move or travel outside the court's jurisdiction, he/she shall sign a written waiver of extradition agreeing to waive extradition proceedings where such proceedings are the result of the issuance of a warrant by the court pursuant to Criminal Procedure Law section 410.40(2), based upon an alleged violation of probation. Where an interstate case has been accepted for supervision by another state, the contact requirements herein shall be satisfied through the rules of the applicable Interstate Compact and the supervision requirements of the receiving state until such time as a return or retaking.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 351.8