Presentation on theme: "DEMISTIFYING INTERSTATE AND INTRASTATE TRANSFERS POA August 10, 2012 9:00am OPCA INTERSTATE COMPACT UNIT MATT CHARTON-DCA NICOLE ALDI–SUPERVISOR KELLY."— Presentation transcript:
DEMISTIFYING INTERSTATE AND INTRASTATE TRANSFERS POA August 10, :00am OPCA INTERSTATE COMPACT UNIT MATT CHARTON-DCA NICOLE ALDI–SUPERVISOR KELLY PALMATEER-COMPACT STAFF NYS Division of Criminal Justice Services Office of Probation and Correctional Alternatives OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES DCJS Office of Probation and Correctional Alternatives
INTER & INTRAstate Transfers of Supervision INTRAstate Transfer county to county within New York State handled directly from local to local the case is a complete transfer INTERstate Transfer state to state two separate Compacts: Adult Compact – Juvenile Compact – SS retains jurisdiction All case material and subsequent communication must go through respective Compact Offices.
JUVENILES - OPCA 16-a Effective 6/24/11 Complete transfer (SDM ) ADULTS - OPCA-16 Effective 9/1/2007 Complete transfer (SDM ) TEMPORARY TRANSFER - OPCA 16-b (Adults or Juveniles) employment, education, or treatment INTRAstate Transfers of Supervision
Approved and ordered by the court Agree to comply with the conditions of receiving county If pending violation or pending charges – no transfer – unless the probationer: …is a resident of the receiving jurisdiction at time of offense or …has family residing in receiving jurisdiction with whom he/she will reside; and …receiving department expresses willingness to accept. Interim Probation – 8/1/2012 Governor Cuomo signed legislation allowing the Intrastate Transfer of Interim Probation Cases.
Within 60 calendar days of transfer request, investigate and respond re: residency or non- residency. If failure to respond within 60 calendar days, receiving court / probation department assumes all powers and duties INTRAstate Transfers of Supervision Receiving Department’s Role:
Legal Authority: Interstate Compact for the Adult Offender Supervision (ICAOS) (10/1/2004) - ICAOS Rules … the force and effect of Federal Law and … supersedes conflicting state and local laws. ICOTS (Interstate Compact Offender Tracking System) implemented 10/6/2008—electronic system with high visibility standardized forms and required time frames Adult - INTERstate Transfers of Supervision
Felonies, eligible misdemeanors, deferred sentences, interim, youthful offenders A transfer should be initiated if the offender needs to relocate to another state for more than 45 consecutive days in any 12 month period. Adult - INTERstate Transfers of Supervision Who is eligible for transfer?
Fingerprinting, DNA testing, and Sex Offender Registration – key elements that must be reviewed prior to initiating a transfer Court permission - not required but should be obtained. All case material and communication must be channeled through the respective Interstate Office. REMEMBER – a transfer is a privilege not a right! Adult - INTERstate Transfers of Supervision
Mandatory INTERstate Case – ADULTS 90 days or an indefinite period of supervision remaining a valid plan of supervision is in substantial compliance with terms of supervision in the sending state a resident in RS (receiving state) at least 12 months prior to offense; or has immediate family (per definition) living in RS at least 180 days and willing to assist in plan of supervision, probationer has employment or visible means of support Adult - INTERstate Transfers of Supervision
Discretionary INTERstate Case – ADULTS Compelling reason(s) to have receiving state consider * Final decision rests with receiving state Adult - INTERstate Transfers of Supervision
Sending State – determines LENGTH of supervision Receiving State – determines LEVEL of supervision Adult - INTERstate Transfers of Supervision
Legal Authority For Juvenile Compact Interstate Compact on Juveniles (ICJ) – Standardized forms—still paper process—national electronic information system (Juvenile Interstate Data System (JIDS) coming 2012) New Juvenile Compact has been signed into law by every state and two territories, exceptions Georgia and Puerto Rico Juvenile - INTERstate Transfers of Supervision
Adjudicated Juvenile Delinquents (fingerprints taken if eligible offense) Status Offenders Non-adjudicated juveniles as defined by the sending state. Classified as a Juvenile in the Sending State Relocating to another State for a period exceeding 90 days in a 12 month period Has greater than 90 days or an indefinite period of Supervision remaining Juvenile - INTERstate Transfers of Supervision Who is eligible for transfer?
Juvenile - INTERstate Transfers of Supervision Important Facts: mandatory transfer - meets eligibility criteria and will reside w/ parent, guardian or legal custodian in receiving state OR a full time student at a secondary school, or accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment can not be denied solely on juvenile’s age Sending state - determines the age of majority and duration of supervision Receiving state - determines the type and quality of supervision
Juvenile INTERstate Transfers of Supervision Juvenile Travel Permit: out-of-state travel must be authorized by supervising department travel permit should be forwarded to the Interstate Office
CONTACT NYS INTERSTATE SEX OFFENDERS ADULT(ENTIRE ALPHABET IN AND OUT)/Juvenile Problem Cases A-Z Shaina Kern Kelly Palmateer DOMESTIC VIOLENCE ADULT(ENTIRE ALPHABET IN AND OUT)/Adult Problem Cases A-Z/INTRASTATE Nicole Aldi High Profile/Media Cases/Retakes (ENTIRE ALPHABET IN AND OUT) Matt Charton