Interstate Compact for the Supervision of Adult Offenders
Pursuant to section 259-mm of the New York Executive Law, the New York State Division of Parole manages the movement and supervision of adult felony offenders into and out of New York State following their release from a correctional facility.
The Division of Parole maintains a separate bureau, the Interstate Bureau, which is responsible for processing the transfer of releasees out of and into New York State. Inquiries or correspondence to the Interstate Bureau can be mailed to 845 Central Avenue, East 2, Albany, N.Y. 12206. The Interstate Bureau can also be reached by telephone at (518) 457-7566.
When an inmate 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 Division's 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 the States, the releasee must execute a waiver of extradition and must agree to abide by the terms and conditions governing their supervision set by both the Sending and Receiving States.
Inmates who are released from a New York State correctional facility and are being supervised in New York State by one of the Division'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 Division's Interstate Bureau to ascertain the appropriateness of the transfer.
For releasees in other jurisdictions who seek to have their supervision transferred to New York State, the appropriate officials in that jurisdiction will submit to the Division's Interstate Bureau a request for an investigation into the proposed transfer. Division staff will then ascertain whether the releasee will have an established residence, the suitability of that residence given his 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, the releasee will be supervised by one of the Division's Parole Officers the terms and conditions governing their supervision set by both the Sending and Receiving States.
Special attention is focused on the proposed transfer of more serious offenders, such as sex offenders, domestic violence cases, violent felons, high profile and child victim cases.
A releasee is not allowed to move to another state without contacting that Receiving State. Approval from the Receiving State MUST be obtained before the releasee can transfer to that state for supervision services. 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 releasee is found to be in another state, without prior notification and permission, the releasee may face legal action in that state. If the releasee is being supervised in New York State and has not had his or her supervision transferred under the Compact, their unapproved presence in another jurisdiction will result in their release status being revoked under Executive Law §259-i(3) and they will be returned to State prison.
What happens if a releasee transferred to New York violates the conditions of their release?
For releasees whose supervision has been transferred from another jurisdiction to New York State, their release status can be revoked if it is determined that they 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 their 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 that there is probable cause to believe that the alleged violator has 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 re-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 has been transferred to New York State under the Compact are not subject to the parole revocation process that is provided for under section 259-i(3) of the New Executive Law.