N.Y. Comp. Codes R. & Regs. tit. 9 § 349.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 349.3 - General requirements for the transfer of supervision of all probationers

(a) All interstate transfers of probation supervision shall be in accordance with the provisions of the interstate compact for adult offender supervision, the interstate compact for juveniles, any other governing compact, and applicable rules, regulations and procedures as adopted by the State compact administrator for such compacts with reference to the transfers of probation supervision. Any sending probation department shall take all necessary steps to ensure the following are completed prior to transfer:

(1) fingerprinting of any convicted probationer, youthful offender, and juvenile delinquent adjudicated of a fingerprintable offense;

(2) DNA testing, where applicable; and

(3) sex offender registration, where applicable.

A sending department shall indicate what actions it has taken with regard to these aforementioned requirements.

(b) All intrastate transfers of probation supervision shall be in accordance with the applicable provisions of the Family Court Act or Criminal Procedure Law.

(c) All temporary, intrastate, and interstate transfers of probation supervision shall comply with relevant provisions of this rule.

(d) Each probation director shall designate an experienced officer or officers to be responsible for transfers of probation supervision. Any such officer shall act as a liaison to the New York State Division of Criminal Justice Services Office of Probation and Correctional Alternatives. The name and title of such designee shall be filed with the director of the Office of Probation and Correctional Alternatives.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 349.3

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.