(i) In transfers involving a defendant sentenced to probation upon
conviction of a felony, the receiving court served by the probation
department to which supervision is transferred shall be the superior
court within the jurisdiction of the probation department.
(ii) In transfers involving a defendant sentenced to probation upon
conviction of a misdemeanor, the receiving court served by the probation
department to which supervision is transferred shall be the appropriate
criminal court within the jurisdiction of the probation department. The
sending probation department shall consult with the probation department
to which supervision will be transferred to determine the appropriate
criminal court to receive the case.
(b) Where a transfer is authorized for a defendant on interim
probation supervision pursuant to subdivision one of this section, the
sentencing court shall retain jurisdiction during the period of interim
probation. The probation department in the receiving jurisdiction shall
assume all powers and duties of the original probation department in the
jurisdiction of the sentencing court.
3. Interstate compact. Nothing contained in this section affects or
limits the provisions of section two hundred fifty-nine-mm of the
executive law relating to out-of-state probation supervision.
4. Federal transfer of custody and supervision. Notwithstanding the
provisions of any other law, the court served by the probation
department may consent to the transfer of custody and supervision of a
probationer to the United States Department of Justice pursuant to the
Witness Security Act of nineteen hundred eighty-four.
Structure New York Laws
Part 2 - The Principal Proceedings
Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision
410.10 - Specification of Conditions of the Sentence.
410.20 - Modification or Enlargement of Conditions.
410.30 - Declaration of Delinquency.
410.40 - Notice to Appear, Warrant.
410.50 - Custody and Supervision of Probationers.
410.60 - Appearance Before Court.
410.70 - Hearing on Violation.
410.80 - Transfer of Supervision of Probationers.
410.90 - Termination of Sentence.