DEMISTIFYING INTERSTATE AND INTRASTATE TRANSFERS POA August 10, 2012 9:00am

1. DEMISTIFYING INTERSTATE AND INTRASTATE TRANSFERS POA August 10, 2012 9:00am 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 DCJS Office of Probation and Correctional Alternatives OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES

2. 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 – www.interstatecompact.org Juvenile Compact – www.juvenilecompact.org • SS retains jurisdiction • All case material and subsequent communication must go through respective Compact Offices.

3. INTRAstate Transfers of Supervision JUVENILES - OPCA 16-a Effective 6/24/11 Complete transfer (SDM 2011-18) ADULTS - OPCA-16 Effective 9/1/2007 Complete transfer (SDM 2007-05) TEMPORARY TRANSFER - OPCA 16-b (Adults or Juveniles) employment, education, or treatment

4. 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.

5. INTRAstate Transfers of Supervision Receiving Department’s Role: • 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

6. Adult - INTERstate Transfers of Supervision Legal Authority: • Interstate Compact for the Adult Offender Supervision (ICAOS) (10/1/2004) - www.interstatecompact.org • 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

7. Adult - INTERstate Transfers of Supervision Who is eligible for transfer? • 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.

8. Adult - INTERstate Transfers of Supervision • 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!

9. 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

10. Adult - INTERstate Transfers of Supervision Discretionary INTERstate Case – ADULTS Compelling reason(s) to have receiving state consider * Final decision rests with receiving state

11. Adult - INTERstate Transfers of Supervision • Sending State – determines LENGTH of supervision • Receiving State – determines LEVEL of supervision

12. Juvenile - INTERstate Transfers of Supervision Legal Authority For Juvenile Compact • Interstate Compact on Juveniles (ICJ) – www.juvenilecompact.org • 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

13. Juvenile - INTERstate Transfers of Supervision Who is eligible for transfer? • 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

14. 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

15. 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

16. CONTACT NYS INTERSTATE SEX OFFENDERS ADULT(ENTIRE ALPHABET IN AND OUT)/Juvenile Problem Cases A-Z Shaina Kern shaina.kern@dcjs.ny.gov 518-485-5166 Kelly Palmateer kelly.palmateer@dcjs.ny.gov 518-485-2398 (Juvenile) DOMESTIC VIOLENCE ADULT(ENTIRE ALPHABET IN AND OUT)/Adult Problem Cases A-Z/INTRASTATE Nicole Aldi nicole.aldi@dcjs.ny.gov 518-485-8457 High Profile/Media Cases/Retakes (ENTIRE ALPHABET IN AND OUT) Matt Charton matthew.charton@dcjs.ny.gov 518-485-2402

17. QUESTIONS!