Legislation
SECTION 176
Inter-county probation
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 7
§ 176. Inter-county probation. 1. Transfer of probation supervision.
Where a person placed on probation resides in another jurisdiction
within the state at the time of the order of disposition, the family
court which placed him or her on probation may, and, in the case of
orders of probation issued under article three or seven of this act,
shall transfer probation supervision to the probation department in the
jurisdiction in which the person resides. Where, after a probation
disposition is pronounced, a probationer relocates to another
jurisdiction within the state, the family court which placed him or her
on probation may, and, in the case of orders of probation issued under
article three or seven of this act, shall transfer probation supervision
to the probation department in the jurisdiction of the probationer's new
residence. Upon completion of a transfer of probation supervision as
authorized pursuant to this subdivision, the probation department in the
receiving jurisdiction shall assume all powers and duties of the
probation department in the jurisdiction of the family court which
placed the probationer on probation. Any transfer under this subdivision
must be in accordance with rules adopted by the commissioner of the
division of criminal justice services.
2. For all cases brought under article three or seven of this act,
where probation supervision has been transferred under subdivision one
of this section, the family court in the receiving jurisdiction shall
hear any proceedings to enforce or modify the order of probation, unless
the receiving family court determines that there is good cause to return
the proceeding to the sending family court for adjudication, in which
case the proceeding shall be returned to the sending family court for
adjudication.
3. For the purpose of this section, "jurisdiction" shall mean a county
or the city of New York.
Where a person placed on probation resides in another jurisdiction
within the state at the time of the order of disposition, the family
court which placed him or her on probation may, and, in the case of
orders of probation issued under article three or seven of this act,
shall transfer probation supervision to the probation department in the
jurisdiction in which the person resides. Where, after a probation
disposition is pronounced, a probationer relocates to another
jurisdiction within the state, the family court which placed him or her
on probation may, and, in the case of orders of probation issued under
article three or seven of this act, shall transfer probation supervision
to the probation department in the jurisdiction of the probationer's new
residence. Upon completion of a transfer of probation supervision as
authorized pursuant to this subdivision, the probation department in the
receiving jurisdiction shall assume all powers and duties of the
probation department in the jurisdiction of the family court which
placed the probationer on probation. Any transfer under this subdivision
must be in accordance with rules adopted by the commissioner of the
division of criminal justice services.
2. For all cases brought under article three or seven of this act,
where probation supervision has been transferred under subdivision one
of this section, the family court in the receiving jurisdiction shall
hear any proceedings to enforce or modify the order of probation, unless
the receiving family court determines that there is good cause to return
the proceeding to the sending family court for adjudication, in which
case the proceeding shall be returned to the sending family court for
adjudication.
3. For the purpose of this section, "jurisdiction" shall mean a county
or the city of New York.