1 / 17

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

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

marshall-porter
Download Presentation

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

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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!

More Related