reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 110 - Procedure Under Cpl 330.20 (jointly Adopted By The State Commissioner Of Mental Health And The Chief Administrator Of The Courts) › Section 110.13 - Discharge order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant has been
					 continuously on an outpatient status for three years or more pursuant to a
					 release order, the commissioner may apply for a discharge order pursuant to
					 subdivision 13 of C PL 330.20. The application for a discharge order may be
					 made to the court that issued the release order, or to a superior court in the
					 county where the defendant is then residing. Upon receipt of such application,
					 the court may, on its own motion, conduct a hearing to determine whether the
					 application should be granted, and must conduct such hearing if a demand
					 therefor is made by the district attorney.
(b) Form W prescribes the form and
					 contents of the application for a discharge order and the notice of
					 application. Following the submission of such application, the court must grant
					 the application and issue a discharge order if the court finds that the
					 defendant has been continuously on an outpatient status for three years or
					 more, that he does not have a dangerous mental disorder and is not mentally
					 ill, and that the issuance of the discharge order is consistent with the public
					 safety and welfare of the community and the defendant. The form and contents of
					 this discharge order are prescribed in Form X.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 110 - Procedure Under Cpl 330.20 (jointly Adopted By The State Commissioner Of Mental Health And The Chief Administrator Of The Courts) › Section 110.14 - Psychiatric examination; scope; form of report

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) The scope of the
					 psychiatric examinations prescribed by C PL 330.20 shall be as follows:
(1) the diagnosis and
					 prognosis made by the psychiatric examiner concerning the defendant's mental
					 condition;
(2) the
					 findings and evaluation made by the psychiatric examiner concerning the
					 defendant's mental condition;
(3) pertinent and significant factors
					 in the defendant's medical and psychiatric history;
(4) the psychiatric signs and
					 symptoms displayed by the defendant; and
(5) the reasons for the opinion stated
					 by the psychiatric examiner (including, when defendant has a dangerous mental
					 disorder, an explanation as to why, because of defendant's mental condition, he
					 currently constitutes a physical danger to himself or others).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
Whenever in this Part or in the forms
						promulgated or approved hereunder, the following terms appear, they shall have
						the following meaning:
(a) Director of community mental health
					 services means the person responsible for the administration of community
					 mental health and mental retardation services in a county or city, whether
					 known or referred to as director, commissioner, or otherwise.
(b) Facility director, when
					 used in connection with a hospital, institution or other facility, means the
					 person in charge of the facility, whether known or referred to as director,
					 superintendent, or otherwise.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.2 - Examination of defendant

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An order for the examination of a
					 defendant to determine whether he is an incapacitated person under article 730
					 of the Criminal Procedure Law shall be addressed to the director of community
					 mental health services of the county where the criminal action is pending,
					 except in the City of New York where the order shall be addressed to the
					 director of community mental health services of such city. If there is no such
					 director of community mental health services, the order shall be addresed to
					 the director of a hospital operated by local government within such county or
					 city that has been certified as having adequate facilities for such purpose by
					 the Commissioner of Mental Health or, in the absence of such local hospital, to
					 the director of the State hospital operated by the Department of Mental Hygiene
					 serving the county where the criminal action is pending.
(b) The hospital in which a
					 defendant may be confined for examination pursuant to subdivision (2) or (3) of
					 section
					 730.20 of the Criminal Procedure Law
					 shall be a hospital operated by local government that has been certified by the
					 Commissioner of Mental Health as having adequate facilities to examine a
					 defendant to determine if he is an incapacitated person. If there be no such
					 local governmental hospital serving the county where the criminal proceeding is
					 pending, the defendant may be confined in a general hospital having a
					 psychiatric unit approved by the Commissioner of Mental Health or in a State
					 hospital operated by the Department of Mental Hygiene approved for such purpose
					 if the person in charge thereof shall have given his consent to the confinement
					 of such defendant therein.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.3 - Examination report

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) The examination of the defendant by
					 the psychiatric examiners may be conducted separately or jointly but each
					 examiner shall execute a separate report. Such report shall be made in the form
					 jointly adopted by the Chief Administrator of the Courts and the Commissioner
					 of Mental Health.
(b) The director of community mental
					 health services charged with causing the examination to be made shall furnish
					 six copies of the examination report to the court for filing and necessary
					 distribution. The court shall require that copies be furnished to counsel for
					 the defendant and to the district attorney.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.4 - Commitment to custody of Commissioner of Mental Health

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) If the court is satisfied
					 that the defendant is an incapacitated person and the defendant is not in
					 custody, the court shall cause the defendant to appear before it at the time of
					 issuing a final order of observation, temporary order of observation or order
					 of commitment, or other appropriate order, as the case may be.
(b) The court shall forward to
					 the Commissioner of Mental Health the order committing the defendant to his
					 custody together with a copy of the examination reports, a copy of the
					 accusatory instrument and, if available, a copy of the presentence report. Upon
					 receipt thereof, the Commissioner of Mental Health shall designate the
					 institution in which the defendant is to be placed and give notice of such
					 designation to the sheriff or local correction department, as the case may be,
					 who shall deliver the defendant, if in custody, to the person in charge of the
					 designated institution, except that, in the case of final orders of
					 observation, the Department of Mental Hygiene may provide the transportation to
					 the designated institution.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.5 - Order of retention for defendant held under orders of commitment

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The application for an order of retention of a defendant held pursuant to an
					 order of commitment or order of retention shall be made within 60 days prior to
					 the expiration of the order pursuant to which the defendant is being held. It
					 shall be prepared by the director of the institution where the defendant is
					 confined and shall have annexed to it a summary of the defendant's history and
					 condition supporting the application, a copy of the indictment and a copy of
					 each prior order of commitment or retention. Such director shall serve notice
					 of the application on the defendant, on the defendant's attorney if known to
					 the director, on the district attorney of the county where the criminal
					 proceeding is pending, and on the Mental Health Information Service. Such
					 director shall then promptly file the application with the court which issued
					 the initial order of commitment of the defendant.
(b) The application shall not
					 be brought on for determination by the court prior to 10 days from the date
					 upon which notice of the application was served upon the defendant. A request
					 by the defendant or anyone on his behalf for a hearing shall be forwarded to
					 the court, with a copy to the district attorney and the Mental Health
					 Information Service. The clerk of the court shall notify the defendant, the
					 defendant's attorney if any, the district attorney, the director of the
					 institution where the defendant is confined, and the Mental Health Information
					 Service of the time and place of the hearing.
(c) Upon issuance of an order of
					 retention, the court shall forward copies thereof to the district attorney, to
					 the director of the institution where the defendant is confined, to the
					 Commissioner of Mental Health and to the Mental Health Information Service. The
					 director of the institution where the defendant is confined shall serve a copy
					 of such order personally upon the defendant.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.6 - Certificate of custody

Current through Register Vol. 46, No. 28, July
					 10, 2024
When defendant is in the custody of the
						Commissioner of Mental Health at the expiration of the period prescribed in a
						temporary order of observation or at the expiration of the authorized period
						prescribed in the last order of retention, the director of the institution
						where the defendant is confined may act as the agent of the Commissioner of
						Mental Health in certifying to the court that the defendant was in the custody
						of the Commissioner of Mental Health on such expiration date.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.7 - Procedure following termination of custody by commissioner

Current through Register Vol. 46, No. 28, July 10,
					 2024
When a defendant is in the custody of the
						commissioner on the expiration date of a final or temporary order of
						observation or an order of commitment, or on the expiration date of the last
						order of retention, or on the date an order dismissing an indictment is served
						upon the commissioner, the director of the institution in which the defendant
						is confined may, pursuant to section
						730.70 of the Criminal Procedure Law,
						retain him for care and treatment for a period of 30 days from such date. If
						the director determines that the defendant is so mentally ill or mentally
						defective as to require continued care and treatment in an institution, he may
						retain the defendant beyond such period only pursuant to the admission
						procedures set forth in the Mental Hygiene Law. If the defendant is sought to
						be retained on an involuntary basis, the certificates of two physicians or, in
						the case of retention at a school for the mentally retarded, one physician and
						one psychiatrist, shall be filed and an application to a court for an order
						authorizing retention shall be made before the expiration of the said 30-day
						period.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 111 - Procedure Under Cpl Article 730 › Section 111.8 - Official forms

Current through Register Vol. 46, No. 28, July
					 10, 2024
Forms promulgated by the Chief Administrator of the
						Courts and the Commissioner of Mental Health, or either of them, shall be the
						official forms for uniform use throughout the State in implementation of
						article 730 of the Criminal Procedure Law. Variations in these forms will be
						permitted if approved by the official or officials indicated in the following
						index as having adopted them.
INDEX OF FORMS FOR ARTICLE 730, CRIMINAL PROCEDURE
						LAW
(See Chapter I of Subtitle D of this Title)
(A)
Jointly adopted forms.
(A)
(1)
					 Examination Report.
(A)
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 112 - Rules Of The Chief Administrator Of The Courts Pursuant To Cplr Rules 5529 And 9703 › Section 112.1 - Appellate papers reproduced by methods other than printing

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Appellate papers reproduced by methods
						other than printing, pursuant to rule 5529 of the Civil Practice Law and Rules,
						must be reproduced on a good grade of at least 20-pound, white, opaque,
						unglazed paper. Any method of reproduction which produces a permanent, legible,
						black-on-white copy on the above paper shall be accepted. Wherever such a
						paper, presented to a clerk for filing, is not legible or otherwise suitable,
						the clerk may refuse to accept the same.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill › Section 113.1 - Notice to the Chief Administrator

Current through Register Vol. 46,
					 No. 28, July 10, 2024
Whenever a judge or justice of the trial
						courts of the Unified Court System has been unable to fully perform his or her
						duties for a period of greater than 60 days because of accident or illness, the
						administrative judge having jurisdiction over the court in which the judge or
						justice is assigned to sit shall promptly give notice of such inability to
						perform to the Chief Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill › Section 113.2 - Inquiry and action by the Chief Administrator

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of such
					 notice, the Chief Administrator shall make such inquiry as is necessary to
					 ascertain the reason for the inability to perform, the prognosis for recovery,
					 and the time the judge or justice is expected to be able to return to full
					 performance.
(b) The
					 Chief Administrator, after consultation with the Presiding Justice of the
					 appropriate Appellate Division, may at any time direct a judge or justice who
					 has been unable to fully perform his or her duties for an extended period of
					 time to be examined by a physician selected by the Chief Administrator to
					 ascertain the physical or mental condition of the judge or justice and the
					 prognosis for his or her return to full performance. Except for extraordinary
					 circumstances, any judge who has not fully performed his or her duties for
					 greater than six months because of accident or illness must be examined
					 pursuant to this paragraph.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill › Section 113.3 to 113.4 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill › Section 113.5 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill › Section 113.6 to 113.8 - Repealed

Current through Register Vol. 46, No. 28, July
					 10, 2024
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 115 - Caseload Activity Reporting › Section 115.1 - Reports of caseload activity information

Current through Register
					 Vol. 46, No. 28, July 10, 2024
The Chief Administrator of the Courts may
						prescribe forms and systems for the reporting of caseload activity information
						for each court of the Unified Court System.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 115 - Caseload Activity Reporting › Section 115.2 - Filing of caseload activity reports

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Unless the Chief Administrator
					 shall otherwise direct, the chief clerk of each trial court, other than the
					 Court of Claims, shall report caseload activity information, on a form
					 prescribed pursuant to section
					 115.1 of this Part, within 10
					 calendar days following the end of each term of court or calendar month as
					 specified by the Chief Administrator.
(b) Unless the Chief Administrator
					 shall otherwise direct, the chief clerk of each appellate court and of the
					 Court of Claims shall report caseload activity information, on a form
					 prescribed pursuant to section
					 115.1 of this Part, within 30
					 calendar days following the end of the last term of the court year.
(c) For the purposes of this
					 section, the County Court shall be deemed a trial court.
(d) This section shall not
					 apply to town and village courts unless the Chief Administrator shall otherwise
					 direct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 115 - Caseload Activity Reporting › Section 115.3 - Special reports

Current through Register Vol. 46, No. 28, July
					 10, 2024
In addition to reports submitted pursuant
						to section
						115.2 of this Part, all trial and
						appellate courts shall submit special reports relating to caseload activity as
						may from time to time be requested by the Chief
						Administrator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 115 - Caseload Activity Reporting › Section 115.4 - Criminal case dispositions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
In addition to the requirements of section
						115.2 of this Part, each court
						having jurisdiction over the processing or disposition of criminal actions
						shall report case activity and disposition information with respect to each
						criminal action, on a form prescribed pursuant to section
						115.1 of this Part, or by
						electronic media in a manner prescribed by the Chief Administrator. All such
						information shall be reported within 24 hours following the occurrence of the
						event if reported by electronic media, or within 48 hours if reported by
						form.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 115 - Caseload Activity Reporting › Section 115.5 - Signature

Current through Register Vol. 46, No. 28, July 10,
					 2024
All reports submitted to the Chief
						Administrator pursuant to this Part shall be signed by the chief clerk of the
						appropriate court or a designee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Center means a community dispute center which provides conciliation, mediation,
					 arbitration or other forms and techniques of dispute resolution.
(b) Mediator means an
					 impartial person who assists in the resolution of a dispute.
(c) Grant recipient means any
					 organization that administers a community dispute resolution center receiving
					 funds pursuant to this Part.
(d) Chief Administrator means the Chief
					 Administrator of the Courts or his designee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.2 - Application

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The provisions of this Part shall apply to the funding of community centers
					 organized to expeditiously resolve minor disputes, especially those matters
					 that would otherwise be handled by the criminal justice system.
(b) Funds available for
					 disbursement pursuant to this Part shall include those funds appropriated by
					 the State Legislature for said purposes, and shall also include funds received
					 by the State from any public or private agency or person, including the Federal
					 government, to be used for the purposes of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10,
					 2024
To be eligible for funding pursuant to
						this Part, a center must meet the following conditions:
(a) It must be administered by
					 a nonprofit organization organized for the resolution of disputes or for
					 religious, charitable or educational purposes.
(b) It must provide neutral
					 mediators who have received at least 25 hours of training in conflict
					 resolution techniques.
(c) It must provide dispute resolution
					 services without cost to indigents and at nominal or no cost to other
					 participants.
(d) It
					 shall, whenever reasonably possible, make use of public facilities at free or
					 nominal cost.
(e) It
					 must provide, during or at the conclusion of the dispute resolution process, a
					 written agreement or decision, subscribed to by the parties, setting forth the
					 settlement of the issues and future responsibilities of each party, and must
					 make such agreement or decision available to a court which has adjourned a
					 pending action pursuant to section
					 170.55 of the Criminal Procedure
					 Law.
(f) It may not
					 make monetary awards except upon consent of the parties, and such awards may
					 not exceed $1,500, except that where an action has been adjourned in
					 contemplation of dismissal pursuant to section
					 215.10 of the Criminal Procedure Law, a
					 monetary award not in excess of $5,000 may be made.
(g) It may not accept for
					 dispute resolution any defendant who is named in a filed felony complaint,
					 superior court information, or indictment, charging:
(1) a class A felony; or
(2) a violent felony offense
					 as defined in section
					 70.02 of the Penal
					 Law; or
(3) any drug
					 offense as defined in article 220 of the Penal Law; or
(4) a felony upon the
					 conviction of which defendant must be sentenced as a second felony offender, a
					 second violent felony offender, or a persistent violent felony offender
					 pursuant to sections
					 70.06,
					 70.04 and
					 70.08 of the Penal
					 Law, or a felony upon the conviction of which defendant may be sentenced as a
					 persistent felony offender pursuant to section
					 70.10 of the Penal
					 Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.4 - Application procedures

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Applications for funding pursuant to this
						Part shall be submitted to the Chief Administrator, and shall include the
						following information:
(a) a description of the organization
					 administering the center, including a description of any sponsoring
					 organizations;
(b)
					 an itemized description of the annual cost of operating the proposed center,
					 including the compensation of employees;
(c) a description of the geographic
					 area of service, the service population and the number of participants capable
					 of being served on an annual basis;
(d) a description of the facilities
					 available in which the proposed center is to be operated;
(e) a detailed description of
					 the proposed program for dispute resolution, including the types of disputes to
					 be handled and the cost, if any, to the participants;
(f) a statement of the present
					 availability of resources to fund the center;
(g) a description of the applicant's
					 administrative capacity to operate the center, including the educational,
					 training and employment background of every member of the staff of the
					 center;
(h) a list
					 of civic groups, social services agencies and criminal justice agencies
					 available to accept and make referrals, written statements from these groups
					 and agencies indicating an intent to accept and make referrals, and a
					 description of how the program will be publicized to make potential referring
					 agencies, the courts and the public aware of its availability;
(i) a description of the past
					 history of the operation of the center, including specific information for the
					 past two years concerning the program, area of service, staff, source of
					 funding, expenditures, referring agencies, number and types of disputes
					 handled, and number and types of disputes resolved;
(j) a list of all other
					 available dispute resolution services and facilities within the proposed
					 geographical area;
(k) documentation that the center meets
					 the eligibility requirements set forth in section 114.3 of this Subchapter;
					 and
(l) such other
					 information as may be required by the Chief Administrator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.5 - Approval

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Chief Administrator shall select centers for funding pursuant to this Part
					 and shall determine the amount of funds to be disbursed for each center within
					 available appropriations.
(b) No funds provided by the State
					 shall be disbursed for any center in an amount greater than 50 per centum of
					 the estimated annual cost of operating the program as determined by the Chief
					 Administrator.
(c)
					 In determining the centers for which funds may be disbursed, the Chief
					 Administrator shall consider:
(1) the need for the program in that
					 geographical area;
(2) the structure and scope of the
					 proposed program;
(3) the cost of operation;
(4) the availability of
					 sources of funding;
(5) the adequacy and cost of
					 facilities;
(6) the
					 ability of the applicant to administer the program;
(7) the qualifications of the
					 personnel staffing the center;
(8) the effectiveness of the program;
					 and
(9) any other
					 consideration which may affect the provision of dispute resolution services
					 pursuant to this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.6 - Payment

Current through Register Vol. 46, No. 28, July 10,
					 2024
Payment of funds pursuant to this Part
						shall be made pursuant to contract entered into between the Unified Court
						System and the grant recipient.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.7 - Program evaluation

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) The Chief Administrator shall
					 monitor and evaluate each program receiving funds pursuant to this
					 Part.
(b) Each grant
					 recipient shall provide to the Chief Administrator on a periodic basis as
					 determined by the Chief Administrator the following information concerning its
					 program:
(1) amount of, and
					 purpose for which, all monies were expended;
(2) number of referrals received by
					 category of cases and the source of each referral;
(3) number of parties
					 serviced;
(4) number
					 of disputes resolved;
(5) nature of the resolution of each
					 dispute, including the type of award and amount of money awarded, if
					 any;
(6) number of
					 cases in which the parties complied with the award, including the nature of the
					 dispute and award in each such case;
(7) number of returnees to the
					 resolution process, including the nature of the dispute and award in each such
					 case;
(8) duration
					 of each hearing;
(9)
					 estimated cost of each hearing; and
(10) any other information as required
					 by the Chief Administrator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 116 - Community Dispute Resolution Centers Program › Section 116.8 - Records retention

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) All financial records of the grant
					 recipient and center pertaining to funding received pursuant to this Part,
					 shall be retained for a minimum of four years after the expiration of the
					 contract entered into with the Unified Court System pursuant to this
					 Part.
(b) A copy of
					 the written agreement of decision subscribed to by the parties, setting forth
					 the settlement of the issues and future responsibilities of each party,
					 referred to in section
					 116.3(e) of this
					 Part, shall be retained for a period of six years after execution.
(c) A fact sheet or summary of
					 each case from which the center may compile the information required for
					 program evaluation pursuant to section
					 116.7 of this Part, shall be
					 retained for a period of six years after termination of the case.
(d) No other time requirements
					 for records retention shall apply unless otherwise contracted by the
					 parties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 117 - Court Appointed Special Advocates Programs › Section 117.0 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
In order to be eligible for appointment by
						a Family Court to assist the court, a CASA program must be in compliance with
						the provisions of section
						117.2 of this
						Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 117 - Court Appointed Special Advocates Programs › Section 117.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 CASA program means a court appointed special advocate program structured and
					 administered as provided herein.
(b) Grant recipient means any
					 organization receiving funds pursuant to this Part.
(c) Chief administrator means
					 the Chief Administrator of the Courts or his or her designee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 117 - Court Appointed Special Advocates Programs › Section 117.2 - Program requirements

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Structure. A CASA program shall be
					 a not-for-profit corporation affiliated with, and in compliance with, the
					 standards set forth by the National and New York State CASA Associations. Such
					 a program may be part of a legally incorporated not-for-profit organization or
					 be incorporated (or in the process of being incorporated) as a free-standing
					 not-for-profit organization.
(b) Administration.
(1) Each CASA program shall be
					 governed by a board of directors, which hires and supervises the program's
					 executive director and maintains legal and fiduciary responsibility for the
					 program. The board shall meet a minimum of four times per year. All board
					 members shall receive board training within six months of appointment, be
					 apprised of all duties and responsibilities, sign written conflict of interest
					 statements, and be guided by written bylaws approved by the full board. The
					 board shall develop a written mission statement and shall implement a strategic
					 plan to further its mission.
(2) Each CASA program housed within a
					 multi-program not-for-profit agency shall have an advisory committee with sole
					 responsibility for monitoring such program. A member of the advisory committee
					 shall serve on the not-for-profit agency's board of directors.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 117 - Court Appointed Special Advocates Programs › Section 117.3 - CASA Assistance Program

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Funding. This section establishes a
					 program for the provision of grants of State assistance to individual CASA
					 programs, which shall be known as the CASA Assistance Program. This program
					 shall be administered by the Chief Administrator in order to disburse funds
					 appropriated by the New York State Legislature, as well as funds received by
					 the Unified Court System from any public or private agency or person, including
					 the Federal government, to be used to assist CASA programs designated by a
					 Family Court to assist the court. Payment of funds pursuant to this section
					 shall be made pursuant to contract entered into between the Unified Court
					 System and the grant recipient.
(b) Application procedures. No CASA
					 Assistance Program grants funds may be disbursed to any CASA program unless the
					 Chief Administrator first approves an application as provided hereunder.
(1) Who may apply. To be
					 eligible for funding pursuant to this section, the CASA program shall comply
					 with the provisions of section
					 117.2 of this Part and it shall:
(i) provide services without
					 cost to the children and families served; and
(ii) whenever reasonable possible, make
					 use of public facilities at free or nominal cost.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 118 - Registration of In-House Counsel and Foreign Legal Consultants › Section 118.2 - Public Access to Attorney Registration Information

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise
					 provided in this section, the information contained in the registration
					 statement filed pursuant to section
					 118.1 of this Part shall be made
					 available to the public upon submission of a written request and the payment of
					 a charge for production, pursuant to the following schedule:
(1) Information for individual
					 registered attorney by name:
(i) no charge for single
					 inquiry;
(ii) $2.50
					 for each additional name.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 118 - Registration of In-House Counsel and Foreign Legal Consultants › Section 118.3 - Filing requirement

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Every in-house counsel and every
					 foreign legal consultant approved by an Appellate Division for registration in
					 New York State shall file an initial registration statement with the Chief
					 Administrator of the Courts within 30 days of the date of receipt notice of
					 such approval, or at such other time as the Chief Administrator may direct.
					 During each alternate year thereafter, each such registrant shall file a
					 subsequent registration statement within 30 days after the registrant's
					 birthday, for as long as the registrant remains eligible for registration
					 pursuant to the Rules of the Court of Appeals.
(b) The initial registration
					 statement and subsequent registration statements shall be filed by an online
					 program established for that purpose.
(c) The registration statement shall be
					 on a form provided by the Chief Administrator and shall include the following
					 information, attested to by affirmation:
(1) name of the registrant;
(2) date of birth;
(3) name when first
					 registered;
(4) law
					 school from which degree granted;
(5) year of initial
					 registration;
(6)
					 judicial department of registration;
(7) office addresses (including
					 department);
(8)
					 home address;
(9)
					 business telephone number,
(10) social security number;
(11) e-mail address;
(12) race, gender/gender
					 identity, sexual orientation, ethnicity and employment category
					 (optional);
(13)
					 compliance with child support obligations; and
(14) if registering as a
					 foreign legal consultant, the name of the foreign country of his or her
					 admission to practice.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 118 - Registration of In-House Counsel and Foreign Legal Consultants › Section 118.4 - Public access to registration information

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided in
					 this section, the information contained in the registration statement filed
					 pursuant to section
					 118.3 of this Part shall be made
					 available to the public upon submission of a written request and the payment of
					 a charge for production, pursuant to the following schedule:
(1) Information for individual
					 registrants by name:
(i) no
					 charge for single inquiry;
(ii) $2.50 for each additional
					 name.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 121 - Temporary Assignment Of Judges To The Supreme Court › Section 121.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
All temporary assignments of judges to the
						Supreme Court from a court of limited jurisdiction, other than the Court of
						Claims, or designations of eligibility for such assignments, shall be made by
						the Chief Administrator of the Courts, in his or her discretion, upon
						consultation with and agreement of the presiding justice of the appropriate
						Appellate Division, pursuant to Part 33 of the Rules of the Chief Judge and in
						accordance with the procedure set forth in this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 121 - Temporary Assignment Of Judges To The Supreme Court › Section 121.2 - Procedure for selection

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Selection of judges for temporary
					 assignment pursuant to this Part shall be made by the Chief Administrator upon
					 recommendations from an evaluatory panel consisting of the appropriate Deputy
					 Chief Administrator for the Courts within and without the City of New York, the
					 Deputy Chief Administrator for Management Support, the Administrative Judge for
					 Matrimonial Matters, and the administrative judge of the court where the judge
					 serves. The Chief Administrator may alter the membership of the panel where
					 circumstances require. The panel shall consider the need for judges to be
					 assigned, the availability of judges for assignment and the capability of the
					 judges eligible for assignment.
(b) In determining the capability of
					 judges eligible for assignment, the evaluatory panel shall consult with
					 administrative judges and with bar associations and other persons or groups as
					 may be appropriate, and shall consider the following criteria with respect to
					 each judge:
(1) productivity,
					 including effective docket management and prompt case disposition;
(2) scholarship, including
					 knowledge and understanding of substantive, procedural and evidentiary law of
					 New York State, attentiveness to factual and legal issues before the court,
					 application of judicial precedents and other appropriate sources of authority,
					 and quality and clarity of written opinions;
(3) temperament, including the ability
					 to deal patiently with and be courteous to all parties and participants;
					 and
(4) work ethic,
					 including punctuality, preparation and attentiveness, and meeting commitments
					 on time and according to the rules of the court.
The panel also shall consider any
						complaints filed with court administrators.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 121 - Temporary Assignment Of Judges To The Supreme Court › Section 121.3 - Terms of assignment

Current through Register Vol. 46, No. 28,
					 July 10, 2024
Temporary assignments shall be for terms
						of no greater than one year, provided that the initial assignment shall be for
						a term of no greater than four months. Where appropriate, the chief
						administrator may designate, pursuant to section
						121.2 of this Part, a judge as
						eligible for being selected for temporary assignments over the course of a term
						of not more than one year. Judges shall be eligible for redesignation at the
						conclusion of a term pursuant to the procedure set forth in this
						section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 121 - Temporary Assignment Of Judges To The Supreme Court › Section 121.4 - Termination of assignment

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The Chief Administrator, upon consultation
						with and agreement of the presiding justice of the appropriate appellate
						division, may terminate at any time any temporary assignment made pursuant to
						this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 121 - Temporary Assignment Of Judges To The Supreme Court › Section 121.5 - Effect of discipline by Judicial Conduct Commission

Current
					 through Register Vol. 46, No. 28, July 10, 2024
Absent exceptional circumstances, as
						determined by the Chief Administrator upon consultation with and agreement of
						the Presiding Justice of the appropriate Appellate Division, no judge shall be
						eligible to sit as a temporarily assigned justice pursuant to this Part for a
						period of two years from the date of any order of the State Commission on
						Judicial Conduct that directs that the judge be publicly admonished or
						censured.