N.Y. FCT Law § 320.5 — New York Code / Act FCT / Article 3 / Part 2 / Section 320.5
The initial appearance; release or detention
Status: in_force

§ 320.5. The initial appearance; release or detention. 1. At the\ninitial appearance, the court in its discretion may release the\nrespondent or direct his detention.\n  2. Rules of court shall define permissible terms and conditions of\nrelease. The court may in its discretion release the respondent upon\nsuch terms and conditions as it deems appropriate. The respondent shall\nbe given a written copy of any such terms and conditions. The court may\nmodify or enlarge such terms and conditions at any time prior to the\nexpiration of the respondent's release.\n  3. (a) The court shall not direct detention unless available\nalternatives to detention, including conditional release, would not be\nappropriate, and the court finds that unless the respondent is detained:\n  (i) there is a substantial probability that he or she will not appear\nin court on the return date; or\n  (ii) there is a serious risk that he or she may before the return date\ncommit an act which if committed by an adult would constitute a crime.\n  (b) Any finding directing detention pursuant to paragraph (a) of this\nsubdivision made by the court shall state the facts, the level of risk\nthe youth was assessed pursuant to a detention risk assessment\ninstrument approved by the office of children and family services, and\nthe reasons for such finding including, if a determination is made to\nplace a youth in detention who was assessed at a low or medium risk on\nsuch a risk assessment instrument, the particular reasons why detention\nwas determined to be necessary.\n  (c) If the court makes a finding that detention is necessary pursuant\nto subparagraphs (i) and (ii) of paragraph (a) of this subdivision, the\ncourt may consider, where applicable, as a condition of release,\nelectronic monitoring of the respondent, if such electronic monitoring\nwould significantly reduce the substantial probability that the\nrespondent would not return to court on the return date, or the serious\nrisk that the respondent may before the return date commit an act that\nif committed by an adult would constitute a crime.\n  (d) If the respondent may be a sexually exploited child as defined in\nsubdivision one of section four hundred forty-seven-a of the social\nservices law, the court may direct the respondent to an available\nshort-term safe house as a condition of release.\n  4. At the initial appearance the presentment agency may introduce the\nrespondent's previous delinquency findings entered by a family court. If\nthe respondent has been fingerprinted for the current charge pursuant to\nsection 306.1, the presentment agency may also introduce the fingerprint\nrecords maintained by the division of criminal justice services. The\nclerk of court and the probation service shall cooperate with the\npresentment agency in making available the appropriate records. At the\nconclusion of the initial appearance such fingerprint records shall be\nreturned to the presentment agency and shall not be made a part of the\ncourt record.\n  5. Upon a finding of facts and reasons which support a detention order\npursuant to subdivision three of this section, the court shall also\ndetermine and state in any order directing detention:\n  (a) whether the continuation of the respondent in the respondent's\nhome would be contrary to the best interests of the respondent based\nupon, and limited to, the facts and circumstances available to the court\nat the time of the initial appearance; and\n  (b) where appropriate and consistent with the need for protection of\nthe community, whether reasonable efforts were made prior to the date of\nthe court appearance that resulted in the detention order issued in\naccordance with this section to prevent or eliminate the need for\nremoval of the respondent from his or her home or, if the respondent had\nbeen removed from his or her home prior to the initial appearance, where\nappropriate and consistent with the need for protection of the\ncommunity, whether reasonable efforts were made to make it possible for\nthe respondent to safely return home.\n