Inter-State & Intra-State Transfer of Probation

Intra-State Transfer of Probation

Intra-state transfer of Probation occurs when an Offender has been convicted and sentenced in one county within in the state of New York and is either mandated or granted permission to transfer to another county WITHIN the state of New York.

• These types of transfers can occur for both Misdemeanors AND Felonies.
• These types of transfers require the assigned Probation Officer’s permission and require some basic criteria to be met prior to the request being granted, unless the Offender is a current resident of a different county from which he or she was convicted and sentenced.

For example, if the crime and therefore all further court proceedings occurred in neighboring Herkimer County but the Offender resides in Oneida County, immediately upon sentencing the Offender’s Probation supervision would be transferred to Oneida County. However, if both the crime and the county of residence are the same, the Offender would need to have stable housing arranged along with some compelling reason to leave the county in which the crime occurred and the sentence of Probation was given. For specific criteria, as it generally relates to the individual, the Offender would need to review their case and the reason for transfer with their assigned Probation Officer.

Inter-State Transfer of Probation

Inter-State transfer of Probation occurs when an Offender has been convicted and sentenced in one STATE and would like or needs to transfer to another STATE.

• All Inter-State transfers occur using a federal clearing house for information and transmittal of documentation and communication. The federal medium by which all documentation and communication occurs is called the Interstate Compact Offender Tracking System (ICOTS).
• All applications for transfer must be submitted through this federal intermediary along with all supporting documentation and communication must also occur through this electronic means. The Offender / Probationer should plan on allowing sufficient time, six to eight weeks, for completion of the transfer process once the application has been submitted. Nearly all of these types of transfers which occur are for FELONIES, in rare occasions it is possible that a Misdemeanor conviction and sentence of Probation can be transferred. Per federal guidelines, counties and therefore states are typically NOT permitted to transfer misdemeanor convictions and subsequent sentences resulting in Probation.

Criteria for Inter-State Transfer Application

For these types of transfers there are certain criteria which are required to be met prior to application for transfer.

• First, an Offender MUST be in full compliance with their conditions of Probation and have no pending legal issues requiring their return to Oneida County.
• Second, the Offender must have a verifiable residence to the state in which they would like to transfer.
• Third, there should be a close family relative residing in the state to which the Offender would like to transfer. And while the federal guidelines do not require the relative to be “immediate” family, it is understood that the relative should be someone of significance, i.e. a spouse, parent, child, etc. Under the ICOTS standards, a boyfriend or girlfriend is NOT considered immediate family. 
• Next, the Offender must have a “means of support” indicating an ability to care for oneself without the aid of Public Assistance. More specifically ICOTS generally requires secured and verifiable employment as the “means of support” prior to application for transfer. However, in limited scenarios regarding the need for transfer as requested by the Offender, this may also mean the family member residing in the state the Offender wishes to transfer to can and / or will support them by providing housing and food for them, or the Offender may provide documentation demonstrating the Offender is legally disabled.
• Lastly, as part of the application process the Offender would need to waive extradition back to New York State in the event there were any additional criminal proceedings against the Offender be it in New York or the state they were transferred to. While it is not required in all states, such as New York, many states charge a supervision fee to their Probationers and if the Offender is transferred to such a state that mandates a supervision fee, the Offender would be required to pay that fee despite being transferred to the receiving state. 

**One notable exception to the criteria requirements which results in an automatic transfer of Probation supervision between states:  if the Offender is an active member of the military such transfer requests cannot be denied and are automatically granted. Time and documentation are still required to complete the transfer process, but the transfer will be granted barring any other criminal proceedings against the Offender / Probationer.

If you have specific questions regarding the availability of transfer, or if you are a Probation Officer in another county and / or state, contact the Oneida County ICOTS Designee.