N.Y. FCT Law § 315.3 — New York Code / Act FCT / Article 3 / Part 1 / Section 315.3
Adjournment in contemplation of dismissal
Status: in_force

§ 315.3. Adjournment in contemplation of dismissal. 1. Except where\nthe petition alleges that the respondent has committed a designated\nfelony act, the court may at any time prior to the entering of a finding\nunder section 352.1 and with the consent of the respondent order that\nthe proceeding be "adjourned in contemplation of dismissal". An\nadjournment in contemplation of dismissal is an adjournment of the\nproceeding, for a period not to exceed six months, with a view to\nultimate dismissal of the petition in furtherance of justice. Upon\nissuing such an order, providing such terms and conditions as the court\ndeems appropriate, the court must release the respondent. The court may,\nas a condition of an adjournment in contemplation of dismissal order, in\ncases where the record indicates that the consumption of alcohol may\nhave been a contributing factor, require the respondent to attend and\ncomplete an alcohol awareness program established pursuant to of\nsubdivision (a) of section 19.07 of the mental hygiene law. The court\nmay, as a condition of an adjournment in contemplation of dismissal\norder, in cases where the record indicates that the respondent is an\neligible person as defined in section four hundred fifty-eight-l of the\nsocial services law and has allegedly committed an eligible offense as\ndefined in such section, direct the respondent to attend and complete an\neducation reform program established pursuant to section four hundred\nfifty-eight-l of the social services law. Upon ex parte motion by the\npresentment agency, or upon the court's own motion, made at the time the\norder is issued or at any time during its duration, the court may\nrestore the matter to the calendar. If the proceeding is not restored,\nthe petition is, at the expiration of the order, deemed to have been\ndismissed by the court in furtherance of justice.\n  2. Rules of court shall define the permissible terms and conditions\nwhich may be included in an order that the proceeding be adjourned in\ncontemplation of dismissal; such permissible terms and conditions may\ninclude supervision by the probation service, a requirement that the\nrespondent cooperate with a mental health, social services or other\nappropriate community facility or agency to which the respondent may be\nreferred and a requirement that the respondent comply with such other\nreasonable conditions as the court shall determine to be necessary or\nappropriate to ameliorate the conduct which gave rise to the filing of\nthe petition or to prevent placement with the commissioner of social\nservices or the division for youth.\n  3. An order adjourning a petition in contemplation of dismissal may be\nissued upon motion of the presentment agency, the court itself, or the\nrespondent. Upon issuing such an order, the court must set forth its\nreasons therefor upon the record.\n  4. Where an order of fact-finding that includes solely a violation as\ndefined in subdivision three of section 10.00 of the penal law committed\nby a juvenile sixteen years of age or, commencing on October first, two\nthousand nineteen, seventeen years of age, has been entered pursuant to\nsection 345.1 of this article, there shall be a rebuttable presumption\nthat the court shall adjourn the case in contemplation of dismissal\npursuant to this section, refer the case to the probation service for\nadjustment services pursuant to section 320.6 of this article or dismiss\nthe case pursuant to subdivision two of section 352.1 of this article.\n