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This entry was published on 2014-09-22
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SECTION 410.80
Transfer of supervision of probationers
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 410
§ 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.