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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Can a probationer sentenced to probation supervision in New York move out of the state?

A probationer can request to move out of the state through their probation officer. The probation officer in New York must review the case to decide whether the probationer meets the requirements for transfer of supervision to another state. New York is referred to as the Sending State, while the state the probationer is seeking to move to is known as the Receiving State.

In order to be granted permission to move out of New York, a probationer must have complied with their terms and conditions of probation. If the probation officer approves the transfer, the probationer is required complete an extradition waiver. They must consent to the probation conditions of both the Sending and Receiving States.

Among the criteria the probationer must meet is having an established home or immediate family in the Receiving State. They are also required to have a job or a viable way to support themselves.

Most cases require the probationer to contact and seek permission from the Receiving State first. Moving to another state without permission is likely to result in consequences such as arrest or fines in the Receiving State.

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