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New York Parole, Probation, Work Release & Release All information & questions relating to parole, probation or release in New York should be posted here.

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Old 08-15-2004, 04:59 AM
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Default Interstate Compact Agreement

Does anyone have any experience going through this process with New York state and other states? We still have a few years before my husband is eligible for parole so we are in the information gathering phase right now; but I was just curious how the process works, not in general, I have read a lot on that; but more specifically about what interesting nuances does NY add to this process. Each state always has their own set of "stuff" that seems to either complicate or expedite the process. From my experience with NY it always seems that they way things are done always complicates things--it is never easy .
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Old 08-15-2004, 08:35 AM
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i did it from texas to south carolina.not sure about new york but as long as both states,counties and local probation or parole agree its no big deal.PM me if you want and i can let you know what i did.
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Old 08-15-2004, 09:56 AM
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Maybe this will help?

From New York State Consolidated Laws:

ARTICLE 5-A
INTERSTATE CORRECTIONS COMPACT
Section 100. Compact.
101. Short title; purpose.
102. Definitions.
103. Contracts.
104. Procedures and rights.
105. Acts not reviewable in receiving state; extradition.
106. Federal aid.
107. Entry into force.
108. Withdrawal and termination.
109. Construction and severability.

S 100. Compact. The interstate corrections compact as set forth in
this article is hereby adopted and entered into with all jurisdictions
joining therein.

S 101. Short title; purpose. This article shall be known and may be
cited as the "interstate corrections compact". The party states,
desiring common action to fully utilize and improve their institutional
facilities and provide adequate programs for the confinement, treatment
and rehabilitation of various types of offenders, declare that it is the
policy of each of the party states to provide such facilities and
programs on a basis of cooperation with one another, thereby serving the
best interests of such offenders and of society and effecting economies
in capital expenditures and operational costs. The purpose of this
compact is to provide for the mutual development and execution of such
programs of cooperation for the confinement, treatment and
rehabilitation of offenders with the most economical use of human and
material resources.

S 102. Definitions. As used in this compact, unless the context
clearly requires otherwise:
(a) "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an
inmate is sent for confinement other than a state in which conviction or
court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including
but not limited to a facility for the mentally ill or mentally
defective, in which inmates as defined in subdivision (d) hereof may
lawfully be confined.

S 103. Contracts. (a) Each party state may make one or more contracts
with any one or more of the other party states for the confinement of
inmates on behalf of a sending state in institutions situated within
receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional
services, facilities, programs or treatment not reasonably included as
part of normal maintenance.
3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on account
thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving
states.
(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and
nothing in any such contract shall be inconsistent therewith.

S 104. Procedures and rights. (a) Whenever the duly constituted
authorities in a state party to this compact, and which has entered into
a contract pursuant to section one hundred three of this article, shall
decide that confinement in, or transfer of an inmate to, an institution
within the territory of another party state is necessary or desirable in
order to provide adequate quarters and care or an appropriate program of
rehabilitation or treatment, said officials may direct that the
confinement be within an institution within the territory of said other
party state, the receiving state to act in that regard solely as agent
for the sending state.
(b) The appropriate officials of any state party to this compact shall
have access, at all reasonable times, to any institution in which it has
a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined
in the institution.
(c) Inmates confined in an institution pursuant to the terms of this
compact shall at all times be subject to the jurisdiction of the sending
state and may at any time be removed therefrom for transfer to a prison
or other institution within the sending state, for transfer to another
institution in which the sending state may have a contractual or other
right to confine inmates, for release on probation or parole, for
discharge, or for any other purpose permitted by the laws of the sending
state; provide that the sending state shall continue to be obligated to
such payments as may be required pursuant to the terms of any contract
entered into under the terms contained in section one hundred three of
this article.
(d) Each receiving state shall provide regular reports to each sending
state on the inmates of that sending state in institutions pursuant to
this compact including a conduct record of each inmate and certify said
record to the official designated by the sending state, in order that
each inmate may have official review of his or her record in determining
and altering the disposition of said inmate in accordance with the law
which may obtain in the sending state and in order that the same may be
a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the
provisions of this compact shall be treated in a reasonable and humane
manner and shall be treated equally with such similar inmates of the
receiving state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate so
confined of any legal rights which said inmate would have had if
confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to
this compact may be entitled by the laws of the sending state may be had
before the appropriate authorities of the sending state, or of the
receiving state if authorized by the sending state. The receiving state
shall provide adequate facilities for such hearings as may be conducted
by the appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record of the
hearing or hearings as prescribed by the sending state shall be made.
Said record together with any recommendations of the hearing officials
shall be transmitted forthwith to the official or officials before whom
the hearing would have been had if it had taken place in the sending
state. In any and all proceedings had pursuant to the provisions of this
subdivision, the officials of the receiving state shall act solely as
agents of the sending state and no final determination shall be made in
any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate, and the
sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.
(h) Any inmate confined pursuant to the terms of this compact shall
have any and all rights to participate in and derive any benefits or
incur or be relieved of any obligations or have such obligations
modified or his status changed on account of any action or proceeding in
which he could have participated if confined in any appropriate
institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled
under the laws of the sending state to act for, advise, or otherwise
function with respect to any inmate shall not be deprived of or
restricted in his exercise of any power in respect to any inmate
confined pursuant to the terms of this compact.

S 105. Acts not reviewable in receiving state; extradition. (a) Any
decision of the sending state in respect to any matter over which it
retains jurisdiction pursuant to this compact shall be conclusive upon
and not reviewable within the receiving state, but if at the time the
sending state seeks to remove an inmate from an institution in the
receiving state there is pending against the inmate within such state
any criminal charge or if the inmate is formally accused of having
committed within such state a criminal offense, the inmate shall not be
returned without the consent of the receiving state until discharged
from prosecution or other form of proceeding, imprisonment or detention
for such offense. The duly accredited officers of the sending state
shall be permitted to transport inmates pursuant to this compact through
any and all states party to this compact without interference.
(b) Any inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending
state and from the state in which the institution is situated. In the
case of any escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of
officers and agencies of any jurisdiction directed toward the
apprehension and return of the escapee.

S 106. Federal aid. Any state party to this compact may accept federal
aid for use in connection with any institution or program, the use of
which is or may be affected by this compact or any contract pursuant
hereto and any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for which
the sending and receiving states have made contractual provision,
provided that if such program or activity is not part of the customary
correctional regimen, the express consent of the appropriate official of
the sending state shall be required therefor.

S 107. Entry into force. This compact shall enter into force and
become effective and binding upon the states so acting when it has been
enacted into law by any two states. Thereafter, this compact shall
enter into force and become effective and binding as to any other of
said states upon similar action by such state.

S 108. Withdrawal and termination. This compact shall continue in
force and remain binding upon a party state until it shall have enacted
a statute repealing the same and providing for the sending of formal
written notice of withdrawal from the compact to the appropriate
officials of all other party states. An actual withdrawal shall not
take effect until one year after the notices provided in said statute
have been sent. Such withdrawal shall not relieve the withdrawing state
from its obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawing state
shall remove to its territory, at its own expense, such inmates as it
may have confined pursuant to the provisions of this compact.

S 109. Construction and severability. (a) Nothing contained in this
compact shall be construed to abrogate or impair any agreement or other
arrangement which a party state may have with a nonparty state for the
confinement, rehabilitation or treatment of inmates nor to repeal any
other laws of a party state authorizing the making of cooperative
institutional arrangements.
(b) The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to
the state affected as to all severable matters.
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please go to the NY Forum for help from current staff and members!
Good Luck to you!
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Old 08-15-2004, 10:35 AM
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Thanks MrsG!
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Old 08-17-2004, 12:22 AM
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Quote:
Originally Posted by Nuro's Wife
Does anyone have any experience going through this process with New York state and other states? We still have a few years before my husband is eligible for parole so we are in the information gathering phase right now; but I was just curious how the process works, not in general, I have read a lot on that; but more specifically about what interesting nuances does NY add to this process. Each state always has their own set of "stuff" that seems to either complicate or expedite the process. From my experience with NY it always seems that they way things are done always complicates things--it is never easy .
You didn't say whether he was in NY and trying to be released to another state or the reverse. I was in NY trying to get to NJ and it was a nightmare. Make sure you do everything you can to get the facility parole officer to begin the process as soon as possible. NJ takes up to six months just to approve the paper work. They are also extremely reluctant to accept out of state parolees. Family intervention with both the NY officials and the out of state officials helps. Good Luck.
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Old 08-17-2004, 05:39 AM
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My husband is in NY and I will either be living in MD, PA or DC at that time. I guess I was more curious about the time frame that it takes to work through the process and if NY presented any barriers at all.
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Old 08-24-2004, 06:54 PM
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I just posted new information I found on this...found it in PAROLE FORUM

http://www.prisontalk.com/forums/showthread.php?t=64328
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please go to the NY Forum for help from current staff and members!
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Old 08-24-2004, 08:21 PM
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Thanks. I had found this information earlier and was just curious to know if there was anything specific that related to NY. Thanks again.
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Old 08-24-2004, 10:25 PM
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ask them on that board, nicky's girl knows about NY.
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