NEW YORK STATE PROBATION INTERSTATE COMPACT
The Office of Probation and Correctional Alternatives' (OPCA) Interstate Compact Unit manages the movement of adult and juvenile probationers into and out of New York State in accordance with relevant Interstate Compacts, for the purpose of maintaining continuous and uninterrupted supervision in the interest of public safety. OPCA's Interstate Compact processes transfer of probation supervision requests and related correspondence, monitors transfer activities as necessary, provides technical assistance to local probation staff in New York State, and serves as the liaison between our local jurisdictions and other State Compact Offices. Special attention is focused on more serious transfers such as sex offenders, domestic violence cases, violent felons, high profile and child victim cases.
What is the Interstate Transfer Process?
When a probationer requests, through their probation officer, a transfer of supervision to another state (Receiving State), the probation officer in the current state (Sending State) reviews the case to determine whether the probationer meets the necessary criteria for transfer. That criteria 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 probationers who are currently complying with their terms and conditions of probation. If the probation officer agrees to pursue a transfer, the probationer must execute a waiver of extradition and must agree to abide by the terms and conditions set by both the Sending and Receiving States.
What are the Reporting Instructions Process?
A probationer is not allowed to move to another state to live without contacting that Receiving State. Permission is required FIRST from the Receiving State in most cases. The Sending State must complete a form that presents a snapshot of the case and forward it to the Receiving State. The Receiving State reviews the information and decides whether it will provide reporting instructions, then returns the information back to the Sending State. If a probationer is found to be in another state, without prior notification and or permission, the probationer may face legal action in that state, such as an arrest or be ordered to pay a fine.
Important Information Regarding Transfers:
- In New York State, all INTERstate - transfers and related correspondence and communication must go through the Interstate Compact Office in Albany.
- In New York State, all INTRAstate - transfers are handled directly between the two county probation departments.
Custody and Adoption Investigation requests should not be forwarded through the Interstate Compact. These requests should be handled through the local courts.