Pursuant to section 259-mm of the New York Executive Law, the New York State Department of Corrections and Community Supervision (DOCCS) manages the movement and supervision of adult felony offenders into and out of New York State following their release from a correctional facility.
Requesting Transfer of Supervision Outside New York State
When an incarcerated individuals confined in a New York State correctional facility requests through their facility Parole Officer to have a transfer of supervision to another state (the Receiving State) upon their release from prison, the Parole Officer will work with the Interstate Bureau to initiate an investigation with the appropriate officials in the Receiving State to ascertain the appropriateness of the transfer of supervision from New York (the Sending State). The criteria for determining the appropriateness of a transfer of supervision under the Interstate Compact includes having an established residence and/or immediate family and employment or visible means of support in the Receiving State. It is important to note that a transfer to another state is a privilege provided to releasees. If the transfer is approved by both states, releasees must execute a waiver of extradition and agree to abide by the terms and conditions governing their supervision set by both the Sending and Receiving State.
Incarcerated individuals who are released from a New York State correctional facility and are being supervised in New York State by one of the Department's Parole Officers may still request a transfer of their supervision to another jurisdiction under the Compact. In this instance, the releasee's Parole Officer will work with staff of the Interstate Bureau to ascertain the appropriateness of the transfer.
Releasees are not allowed to move to another state without contacting that Receiving State. Approval from the Receiving State MUST be obtained before releasees can transfer to that state for supervision services. The Sending State must complete a form presenting a snapshot of the case and forward it to the Receiving State. The Receiving State will review the information and decide whether it will provide reporting instructions, then it returns the information to the Sending State.
If a releasee is found to be in another state without prior notification and permission, the releasee may face legal action in that state. Releasees being supervised in New York State who have not had their supervision transferred under the Compact will have their release status revoked under Executive Law §259-i(3) and will be returned to State prison.
Requesting Transfer of Supervision to New York State
For releasees in other jurisdictions seeking to have their supervision transferred to New York State, the appropriate officials in that jurisdiction will submit a request for an investigation into the proposed transfer to the Interstate Bureau. Community Supervision staff will then ascertain whether releasees will have an established residence, the suitability of that residence given the crime of conviction or criminal history, the presence of immediate family in New York, and the proposed employment or visible means of support in New York. If the transfer is approved, releasees will be supervised by a DOCCS Parole Officer with the terms and conditions governing their supervision set by both the Sending and Receiving State.
Special attention is given to the proposed transfer of more serious crimes, such as sex offenses, domestic violence, violent felonies, high profile cases, and child victim cases.
Supervision can be revoked if it is determined that releasees have violated one or more of the conditions governing their release "in an important respect". Initially, the supervising Parole Officer who believes the releasee has engaged in violative behavior will obtain a warrant from the Senior Parole Officer, and the releasee will be incarcerated immediately within a local jail. Shortly thereafter, the alleged violator will be afforded a preliminary hearing.
If the hearing officer determines there is probable cause to believe releasees have violated one or more of the conditions governing their release in an important respect, the Sending State will be notified. The Sending State will then continue with the revocation process by taking the alleged violator into its custody so that a final revocation hearing can be conducted by the appropriate officials in the Sending State.
Releasees whose supervision have been transferred to New York State under the Compact are not subject to the parole revocation process provided under Section 259-i(3) of the New Executive Law.