New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter I - ADMINISTRATION OF PROBATION
Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles
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:

(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:

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

(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.