This unit facilitates the transfer of probationers sentenced within Westchester County to either another county within New York State, or to another state. Once a case is accepted by another county within New York State, it is closed by our department as the receiving court shall assume those powers and duties as otherwise specified in the court order and the receiving probation department shall assume the duty of supervision. If the case is rejected for any reason, the probationer may be directed to return to Westchester County and/or be subject to possible violation of probation proceedings in cases of non-compliance.
Interstate cases that are accepted for supervision will be kept active in our department and monitored with the assistance of the receiving state. If the case is rejected for any reason, the probationer may be directed to return to Westchester County and/or be subject to possible violation of probation proceedings in cases of non-compliance. In all of these cases, jurisdiction is retained by the sentencing court.
Intrastate temporary transfers
A probation department may request another probation department within the state to temporarily provide supervision services to a probationer for a period of more than 30 days and not to exceed 10 months. Prior to such request, the sending probation department shall notify the court with legal jurisdiction of its intention to do so. The request for temporary supervision shall be sent to the receiving probation department by the sending department immediately upon learning that the probationer resides or desires to reside in the receiving jurisdiction within the state
Note: The transfer of probation cases from one state to another is governed by rules established by the Interstate Commission for Adult Offender Supervision (ICAOS). The COMPACT agreement carries the weight of federal law and therefore, supersedes any state law and regulations. The agreement dictates who can and cannot be transferred, when they can actually go to the receiving state, and provides for mechanisms to report back to our jurisdiction on the progress of the probationer's supervision in the receiving state. It is important to note that certain out of state offenders sentenced in Westchester County cannot leave New York until they receive reporting instructions from their home state, this process can take up to 5 business days. In cases where probationers have applied for relocation to another state, they may not leave New York until the transfer is accepted, doing so will void their transfer request and subject them to court action.
Individuals on supervision do not have the right to an interstate transfer even if all eligibility requirements are met. Transfers are initiated at the discretion of the sending state once a plan for supervision has been verified in another state. During the transfer process, individuals transferring must communicate directly, openly, and honestly with the state in which he or she was convicted, sentenced, or released to community supervision.