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AlanOlson
AlanOlson
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Question (short version):

My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample?

Background:

  • I was convicted of a crime in New York State (New York City), but I live in New Jersey.

  • As part of my plea agreement, I received probation.

  • Once convicted, I submitted the mandatory DNA swab (pursuant to NY State law and the conditions of my probation).

  • I reside in New Jersey, so my probation was immediately transferred to NJ via Interstate Compact. (As far I know, this means that I have no further legal connection to NY.)

  • I still travel to NY regularly, and stay overnight, as I have family there. Before each overnight trip, I request (and am granted) a travel permit from my NJ probation officer.

  • 4 months after my conviction and subsequent transfer to NJ, my former NYC Probation Officer contacted me, stating that the initial DNA sample that she'd taken was unable to be processed by their lab, and that I should come in (to NYC) ASAP to submit a new sample. She also sent a letter to my NJ Probation Officer, making the same request.

Question (detailed version):

Am I obligated to return to NY for another DNA collection? Does NY have any jurisdiction over me now that I've been transferred to NJ?

I acknowledge that I was required to submit the sample initially, which I did. Did my obligation end there, or am I required to resubmit until NY State is satisfied (bearing in mind that I neither reside in or am supervised by NY State)?

Thank you!

Update in response to questions: Let me state that (1) I've already discussed this with my NJ PO (she asked me to go to NY and submit a new sample, though I'm not sure whether she really cares whether I do), and (2) I'm looking for legal facts about my situation (e.g. what I'm legally required or not required to do), not advice on what I should do.

Question (short version):

My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample?

Background:

  • I was convicted of a crime in New York State (New York City), but I live in New Jersey.

  • As part of my plea agreement, I received probation.

  • Once convicted, I submitted the mandatory DNA swab (pursuant to NY State law and the conditions of my probation).

  • I reside in New Jersey, so my probation was immediately transferred to NJ via Interstate Compact. (As far I know, this means that I have no further legal connection to NY.)

  • I still travel to NY regularly, and stay overnight, as I have family there. Before each overnight trip, I request (and am granted) a travel permit from my NJ probation officer.

  • 4 months after my conviction and subsequent transfer to NJ, my former NYC Probation Officer contacted me, stating that the initial DNA sample that she'd taken was unable to be processed by their lab, and that I should come in (to NYC) ASAP to submit a new sample. She also sent a letter to my NJ Probation Officer, making the same request.

Question (detailed version):

Am I obligated to return to NY for another DNA collection? Does NY have any jurisdiction over me now that I've been transferred to NJ?

I acknowledge that I was required to submit the sample initially, which I did. Did my obligation end there, or am I required to resubmit until NY State is satisfied (bearing in mind that I neither reside in or am supervised by NY State)?

Thank you!

Question (short version):

My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample?

Background:

  • I was convicted of a crime in New York State (New York City), but I live in New Jersey.

  • As part of my plea agreement, I received probation.

  • Once convicted, I submitted the mandatory DNA swab (pursuant to NY State law and the conditions of my probation).

  • I reside in New Jersey, so my probation was immediately transferred to NJ via Interstate Compact. (As far I know, this means that I have no further legal connection to NY.)

  • I still travel to NY regularly, and stay overnight, as I have family there. Before each overnight trip, I request (and am granted) a travel permit from my NJ probation officer.

  • 4 months after my conviction and subsequent transfer to NJ, my former NYC Probation Officer contacted me, stating that the initial DNA sample that she'd taken was unable to be processed by their lab, and that I should come in (to NYC) ASAP to submit a new sample. She also sent a letter to my NJ Probation Officer, making the same request.

Question (detailed version):

Am I obligated to return to NY for another DNA collection? Does NY have any jurisdiction over me now that I've been transferred to NJ?

I acknowledge that I was required to submit the sample initially, which I did. Did my obligation end there, or am I required to resubmit until NY State is satisfied (bearing in mind that I neither reside in or am supervised by NY State)?

Thank you!

Update in response to questions: Let me state that (1) I've already discussed this with my NJ PO (she asked me to go to NY and submit a new sample, though I'm not sure whether she really cares whether I do), and (2) I'm looking for legal facts about my situation (e.g. what I'm legally required or not required to do), not advice on what I should do.

Source Link
AlanOlson
AlanOlson
  • 75
  • 5

Do I have to submit DNA again after first sample failed?

Question (short version):

My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample?

Background:

  • I was convicted of a crime in New York State (New York City), but I live in New Jersey.

  • As part of my plea agreement, I received probation.

  • Once convicted, I submitted the mandatory DNA swab (pursuant to NY State law and the conditions of my probation).

  • I reside in New Jersey, so my probation was immediately transferred to NJ via Interstate Compact. (As far I know, this means that I have no further legal connection to NY.)

  • I still travel to NY regularly, and stay overnight, as I have family there. Before each overnight trip, I request (and am granted) a travel permit from my NJ probation officer.

  • 4 months after my conviction and subsequent transfer to NJ, my former NYC Probation Officer contacted me, stating that the initial DNA sample that she'd taken was unable to be processed by their lab, and that I should come in (to NYC) ASAP to submit a new sample. She also sent a letter to my NJ Probation Officer, making the same request.

Question (detailed version):

Am I obligated to return to NY for another DNA collection? Does NY have any jurisdiction over me now that I've been transferred to NJ?

I acknowledge that I was required to submit the sample initially, which I did. Did my obligation end there, or am I required to resubmit until NY State is satisfied (bearing in mind that I neither reside in or am supervised by NY State)?

Thank you!