reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of preliminary procedure is to provide
					 opportunity for assessment, case planning, and effective community-based
					 services for non-judicial resolution of complaints.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains all requirements for the provision of
					 diversion services in matters pertaining to PINS, pursuant to FCA section 735.
					 These requirements apply to probation departments that have been designated as
					 the lead agency by their jurisdiction to conduct preliminary procedure. Where
					 probation has responsibility to provide a portion of preliminary procedure, the
					 relevant section(s) of this Part shall apply.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.4 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
Where the youth resides in one county but the acts giving
					 rise to the presenting problem occur in another county, the complaint shall be
					 made in the county where the acts occurred. The matter may be transferred
					 directly to the county of residence. Where transferred, the receiving county
					 shall accept the case for consideration of diversion services. Where diversion
					 services are unsuccessful, the matter shall be returned to the originating
					 county for referral to petition.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.5 - General requirements for PINS preliminary procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each probation director shall establish
				  and maintain written policies and procedures regarding preliminary procedure
				  services pursuant to their responsibilities as designated by the county, in
				  accordance with the provisions of the Executive Law, the Family Court Act,
				  court order, and all other applicable laws, rules and regulations. These
				  policies and procedures shall include:
(1)
				  reasonable timeframes for the initiation of preliminary procedure;
(2) criteria for determining standards of
				  "diligent efforts" and "no substantial likelihood that the youth and family
				  will benefit from continued services";
(3) sharing resources wherever appropriate
				  and feasible with other agencies and service providers, to effectively and
				  efficiently implement preliminary procedure;
(4) screening and assessments for risk of
				  continuing in the problematic behavior and for the sexual exploitation of youth
				  shall be done using state-approved instruments; and
(5) conducting a mental health screen with a
				  state-approved instrument with the consent of the youth and parent(s) and/or
				  other person(s) legally responsible for his/her care.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.7 - Diversion services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  the provision of diversion services, probation shall:
(1) provide written notice to the complainant
				  that the case has been opened for diversion services;
(2) make diligent efforts to provide
				  diversion services in accordance with the general requirements of this
				  Part;
(3) target the underlying
				  risk factors related to the presenting problem behavior(s) which gave rise to
				  each complaint;
(4) make referrals
				  for service as needed, based on the results of a State approved risk and needs
				  assessment instrument; and
(5)
				  prioritize resources to higher risk youth and target interventions to reduce
				  dynamic risk factors.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.8 - Assessment, reassessment, case planning, and client engagement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As part of
				  diversion services, probation shall assess for risk and needs and utilize case
				  planning tools and protocols, as approved by the Division of Criminal Justice
				  Services, to:
(1) identify youth who are at
				  moderate or high risk for continuing in the behaviors underlying the presenting
				  problem to address the priority areas for intervention;
(2) complete a full risk and needs assessment
				  at case opening and case closure for all medium and high-risk youth to ensure
				  effective case planning and to measure change in dynamic risk and protective
				  factors;
(3) develop case plans
				  based on assessment results that focus on the priority areas for intervention
				  to address the presenting problem;
(4) engage youth by providing evidence-based
				  services through probation department and/or community-based service providers;
				  and
(5) advocate for the youth's
				  timely commencement of services and work closely through on-going communication
				  with the service providers to monitor a youth's participation and progress in
				  completing the services that address the needs identified in the case plan.
				  Document in the case file the youth's and family's progress in the
				  services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.10 - Return from court

Current through Register Vol. 46, No. 28, July 10, 2024
Where pursuant to FCA section 742(b) the court orders the
					 youth and/or the parent(s) or other person(s) legally responsible for his/her
					 care to participate in diversion services, probation shall thereafter notify
					 the court when it either determines the case has been successfully resolved, or
					 that there is not a substantial likelihood that the youth and/or the youth's
					 family will benefit from continued diversion services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.11 - Pre-diversion case designation requirements and criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pre-diversion services: this case
				  designation shall apply where:
(1) the youth
				  has demonstrated a pattern of behavior that meets the definition of
				  PINS;
(2) the potential complainant
				  does not file a complaint; and
(3)
				  the potential complainant, youth and family were engaged in an alternative
				  resolution of the presenting problem.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.12 - Case closing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cases
				  where the goals of the case plan have been met shall be considered for
				  successful case closure.
(b)
				  Progress made toward youth risk reduction shall be documented through
				  reassessment prior to closing the case.
(c) Probation shall promptly give written
				  notice of case closure to the potential petitioner and the parent(s) or other
				  person(s) legally responsible for his/her care of the potential
				  respondent.
(d) A finding by the
				  designated lead agency that a case has been successfully diverted shall
				  constitute presumptive evidence that the factual allegations have been
				  successfully resolved and cannot be used in any subsequent petition.
(e) All cases opened for diversion services
				  shall be closed in accordance with one of the following case closing
				  designations:
(1) successfully diverted:
				  where satisfactory resolution of the complaint was achieved as the result of
				  preliminary procedure. This shall include cases that were diverted either at
				  the initial conference, or after a period of diversion services;
(2) withdrawn: where the potential petitioner
				  withdrew the complaint, for any reason, either before or during the provision
				  of diversion services, the complainant shall be advised that the factual
				  allegations may be used in making a future complaint;
(3) terminated with no bar to petition: where
				  the case has not been successfully diverted and the designated lead agency
				  determines that diversion efforts have been exhausted and that there is no
				  substantial likelihood that the youth and family would benefit from continued
				  services. For parent(s) or other person(s) legally responsible for his/her care
				  filed complaints, such closing designation shall also require documentation of
				  consent and active participation of the parent(s) or other person(s) legally
				  responsible for his/her care in diversion services; or
(4) terminated with bar to petition: such
				  case closing shall be used for parent(s) or other person(s) legally responsible
				  for his/her care initiated complaints that have not been successfully diverted
				  because the parent(s) or other person(s) legally responsible for his/her care
				  did not consent to, actively participate in, or pursue diversion
				  services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 357 - INTAKE FOR ARTICLE 7 › Section 357.13 - Case recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All preliminary procedure case records
				  shall be kept in either paper or electronic format, or a combination of
				  both.
(b) Pre-diversion services:
				  where pre-diversion services are provided in lieu of initiating preliminary
				  procedure, it is not necessary to open an individual case file. However, at
				  minimum a record of the following information shall be maintained:
(1) youth name and date of birth;
(2) date(s) of receipt of the
				  complaint(s);
(3) description of
				  the pre-diversion services either referred to or directly provided, and any
				  information regarding outcome(s).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.1 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
This Part's objective is to promote public/traffic safety,
					 offender accountability, and quality assurance through the establishment of
					 minimum standards for the usage and monitoring of ignition interlock devices
					 imposed by a criminal court involving a felony or misdemeanor charge or
					 conviction under the Vehicle and Traffic Law or Penal Law or arising from a
					 youthful offender adjudication replacing any such conviction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be applicable to every county, monitor, and
					 operator, and shall govern qualified manufacturers and installation/service
					 providers as to use, installation, and reporting with respect to ignition
					 interlock devices imposed upon the aforementioned criminal court population
					 within New York State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.5 - Approval process and responsibilities of qualified manufacturers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Only a qualified manufacturer may conduct
				  business in New York State with respect to any operator. An interested
				  manufacturer of a certified ignition interlock device seeking to conduct
				  business within New York State shall apply to the division to become a
				  qualified manufacturer in one or more designated regions of New York
				  State.
(2) The four regions of the
				  State by counties for purposes of this Part are as follows:
(i) Region 1: Allegany, Cattaraugus, Cayuga,
				  Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario,
				  Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates;
(ii) Region 2: Broome, Chenango, Clinton,
				  Cortland, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis,
				  Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tioga, and Tompkins;
(iii) Region 3: Albany, Columbia, Delaware,
				  Dutchess, Greene, Montgomery, Orange, Otsego, Putnam, Rensselaer, Rockland,
				  Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren, and Washington;
				  and
(iv) Region 4: Bronx, Kings,
				  Nassau, New York, Queens, Richmond, Suffolk, and Westchester.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.6 - Cancellation, suspension, and revocation of qualified manufacturers, installation/service providers, and certified ignition interlock devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any of the
				  following reasons may result in revocation of a certified ignition interlock
				  device or suspension or removal of a qualified manufacturer or
				  installation/service provider:
(1) when there
				  is a voluntary request by a manufacturer to cancel certification of a
				  device;
(2) when notified by the
				  Department of Health that a device no longer meets their regulatory
				  standards;
(3) when a device is
				  discontinued by the manufacturer;
(4) when the manufacturer's liability
				  insurance is terminated or cancelled;
(5) when the manufacturer or
				  installation/service provider conceals or attempts to conceal its true
				  ownership;
(6) when materially
				  false or inaccurate information is provided relating to a device's performance
				  standards;
(7) when there are
				  defects in design, materials, or workmanship causing repeated failures of a
				  device;
(8) when the manufacturer
				  or installation/service provider knowingly permits nonqualified service
				  technicians to perform work;
(9)
				  when a manufacturer or installation/service provider assists users with
				  circumventing or tampering with a device;
(10) when service or the submission of
				  required reports is not provided in a timely manner as required by this
				  Part;
(11) when the manufacturer or
				  installation/service provider refuses to provide an ignition interlock device
				  free of charge to an operator who has received a judicial waiver;
(12) when there is a pattern of substandard
				  customer service;
(13) when a
				  manufacturer or installation/service provider interferes with or obstructs a
				  review or investigation by the division or any designee;
(14) when there are any other violations of
				  the provisions contained in this Part, including division and Department of
				  Health regulations, or any ignition interlock contractual agreement;
(15) upon verbal and/or written notification
				  or communication of disapproval, suspension in whole or in part, revocation, or
				  cancellation of a manufacturer's device, services, and/or operations by another
				  state or jurisdiction;
(16) when a
				  manufacturer or installation/service provider provides gratuities or any other
				  personal incentives to a State or local official or any monitor for purposes of
				  soliciting business; and
(17) when
				  a manufacturer or installation/service provider conducts business in New York
				  State outside of the designated region or regions of operation approved by the
				  division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.7 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Any monitor shall receive notification
				  pursuant to its county plan of all operators which it has responsibility to
				  monitor within five business days of the applicable criminal court's order
				  imposing the condition of an ignition interlock device and of an operator's
				  release from imprisonment, in accordance with section
				  358.4(d)(6) 
				  of this Part. Such monitor shall obtain proof of installation by the operator
				  and installation/service provider. The installation/service provider shall
				  provide notification of installation of an ignition interlock device to the
				  appropriate monitor and probation department in accordance with section
				  358.5(d)(16) 
				  of this Part and the operator in accordance with subdivision (c) of this
				  section.
(2) Where a monitor learns
				  that the operator no longer owns or operates a motor vehicle in which an
				  ignition interlock device has been installed, the monitor may issue a letter of
				  de-installation directly to the installation/service provider which authorizes
				  removal of the device.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.8 - Costs and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  operator shall pay the cost of installing and maintaining the ignition
				  interlock device unless the operator has been determined to be financially
				  unable to afford the cost of the ignition interlock device by the applicable
				  criminal court whereupon such cost may be imposed pursuant to a payment plan or
				  waived.
(b) Any operator who claims
				  financial inability to pay for the device shall submit in advance of any
				  pre-sentence release or sentencing three copies of his or her financial
				  disclosure report, on a form prescribed by the division, to the criminal court
				  which shall distribute copies to the District Attorney and defense counsel. The
				  report shall enumerate factors which may be considered by the court with
				  respect to financial inability of the operator to pay for the device and shall
				  include, but not be limited to income from all sources, assets, and expenses.
				  This report shall be made available to assist the court in determining whether
				  or not the operator is financially able to afford the cost of the ignition
				  interlock device, and if not whether to impose a payment plan. Where it is
				  determined that a payment plan is not feasible, the court shall determine
				  whether the fee/charge for the device shall be waived.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.9 - Record retention and disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Record retention and disposition of all records of the
					 county, any qualified manufacturer, and installation/service provider with
					 respect to this Part shall be in accordance with the applicable records
					 retention and disposition schedule promulgated by the State Education
					 Department.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.10 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
NHTSA's
Model Specifications for Breath Alcohol
					 Ignition Interlock Devices (BAIIDs)
, which have been incorporated by
					 reference in this Part have been filed with the Office of the Secretary of
					 State of the State of New York, the publication so filed being 78 FR 26849,
					 published by the National Archives and Records Administration, pages
					 26849-26867, posted May 8, 2013 and effective May 8, 2014. Technical
					 corrections to these NHTSA model specifications, which also have been
					 incorporated by reference in this Part, have been filed with the Office of the
					 Secretary of State of the State of New York, the publication so filed being 80
					 FR 16720, published by the National Archives and Records Administration, pages
					 16720-16723, posted and effective March 30, 2015. These model specifications
					 (including the 2015 technical corrections) may be examined at the Office of the
					 Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY
					 12231-0001, and the Division of Criminal Justice Services, Office of Probation
					 and Correctional Alternatives, Alfred E. Smith Office Building, 80 South Swan
					 Street, Albany, NY 12210.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of this part is to define probation's role in
					 offering Voluntary Assessment and Case Planning services, and when probation
					 departments deliver pretrial release services, to the Adolescent Offender and
					 Juvenile Offender charged with a crime in the Youth Part of Superior
					 Court.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains all requirements for the provision by
					 probation of Voluntary Assessment and Case Planning services in the Youth Part,
					 for Adolescent Offenders and Juvenile Offenders, including pretrial release
					 services where probation departments provide such services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.4 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
The probation department serving a jurisdiction where an
					 offense occurred has responsibility for providing voluntary assessment and case
					 planning services for those youths with matters pending in the youth part.
					 Where the youth resides in one jurisdiction but the present criminal offense
					 occurred in another jurisdiction, the probation department in the jurisdiction
					 where the crime occurred, the sending probation department, shall coordinate
					 with the receiving probation department where the youth resides, for the
					 purposes of providing voluntary assessment and case planning services. The
					 receiving probation department shall accept the case for the provision of
					 voluntary assessment and case planning services. Where the provision of these
					 services is unsuccessful, the receiving probation department shall advise the
					 sending probation department. When the case is closed by the receiving
					 probation department, the department shall provide a summary to the sending
					 probation department of any assessment findings, referrals and progress with
					 respect to mitigating risk and addressing any identified
					 needs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.5 - General requirements for probation voluntary assessment and case planning services in youth part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  probation director shall establish and maintain probation voluntary assessment
				  and case planning services for matters in the youth part of superior court in
				  accordance with the provisions of the Executive Law, the Criminal Procedure
				  Law, and all other applicable laws, rules and regulations.
(b) The probation director shall develop,
				  adopt, and disseminate to departmental staff written policies and procedures
				  for the uniform provision of probation voluntary assessment and case planning
				  services in the youth part. The policies and procedures shall require a
				  probation presence at the initial appearance of the regularly scheduled youth
				  part, upon notification from the court. The probation department shall offer
				  voluntary assessment and case planning services to an adolescent offender or
				  juvenile offender at the earliest possible opportunity. The probation
				  department shall advise the presiding Judge of alternatives to detention, where
				  available.
(c) The policies and
				  procedures shall address, at a minimum:
(1)
				  notification to adolescent offenders and juvenile offenders of the availability
				  and provision of probation voluntary assessment and case plan services in the
				  youth part;
(2) ensuring the youth
				  is notified of the voluntary nature of the assessment, case planning and
				  service referral process;
(3)
				  ensuring that the youth is notified that they may be accompanied by their legal
				  counsel during their voluntary assessment;
(4) scheduling an initial interview to occur
				  within eight business days of the receipt of the accusatory instrument(s) or
				  indictment and supporting documents from the youth part;
(5) conducting a risk and needs assessment,
				  using a state-approved risk assessment tool;
(6) completing a case plan addressing the
				  identified needs based upon the nature of the behaviors contributing to the
				  present offense;
(7) providing
				  suitable and individualized programming referrals;
(8) ensuring that the probation department
				  shall not transmit, nor otherwise communicate to the district attorney or the
				  youth part any statement made by the adolescent offender or juvenile offender
				  to a probation department. However, the probation department may make a
				  recommendation regarding the completion of his or her case plan to the youth
				  part and provide such information as it shall deem relevant; and
(9) providing a summary in the presentence
				  investigation, summarizing assessment findings, referrals, and progress with
				  respect to mitigating risk and addressing any identified needs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.6 - Voluntary assessment and case planning services

Current through Register Vol. 46, No. 28, July 10, 2024
For those youths who consent to participate in voluntary
					 assessment and case planning services, the probation department shall:
(a) Complete a full assessment using a State
				  approved, risk and need assessment instrument for adolescent offender or
				  juvenile offender youth.
(b)
				  Complete an initial case plan within 10 business days of the date when the
				  notice of agreement is signed by the youth, as long as the matter is pending in
				  youth part. The case plan shall:
(1)
				  prioritize need areas for intervention, based upon the results of the risk and
				  needs assessment;
(2) include
				  objectives that build on existing protective factors;
(3) make referrals to available and
				  appropriate services, based upon the results of the risk and needs
				  assessment;
(4) include input from
				  parent(s)or other person(s) legally responsible for his/her care and youth to
				  identify any barriers and strengths toward meeting case plan goals;
(5) delineate the roles and responsibilities
				  of the youth, parent(s) or other person(s) legally responsible for his/her
				  care, probation officer, and other individuals who may positively influence the
				  youth's behaviors;
(6) document
				  intended action steps, short term and long term goals for successful case
				  progress and/or closure; and
(7)
				  include consideration for issues of responsivity (primary language, sex, gender
				  expression, mental health, etc.) that may obstruct the youth's progress toward
				  goals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.7 - Voluntary assessment and case plan services: summary and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The probation
				  department shall not transmit to the district attorney or the youth part judge
				  any statement made by the youth to probation during the provision of voluntary
				  assessment and case planning services. The probation department shall not
				  transmit any results of the assessment related to risk, in any communication to
				  the youth part prior to the ordering of a pre-sentence investigation report.
				  Assessment findings reported at this time shall be limited to the need(s) of
				  the youth. No statement made to the probation department may be admitted into
				  evidence at a fact-finding hearing at any time prior to a conviction. However,
				  probation may make a recommendation regarding completion of the case plan to
				  youth part and provide such information as it shall deem relevant.
(b) Where probation has engaged a youth in
				  voluntary assessment and case planning services, probation shall provide a
				  summary of these efforts to the court within the pre-sentence investigation, as
				  follows:
(1) assessment findings;
				  and
(2) referrals and progress with
				  respect to mitigating risk and addressing any identified
				  needs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.8 - Removal to family court

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  youth part removes the matter to family court jurisdiction and the youth has
				  received voluntary assessment and case planning services from the probation
				  department, to the extent practicable, these services shall continue once the
				  matter is removed to family court to facilitate delivery of consistent evidence
				  based services.
(b) For youth
				  removed from the youth part to the family court jurisdiction to receive intake
				  and adjustment services under article 3, the probation department may consider
				  the youth's voluntary participation in assessment and case planning services
				  while having been in the youth part. Participation and progress in such
				  services while in youth part may reduce the time needed for adjustment
				  services, depending upon the youth's progress in addressing case plan
				  goals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.9 - Pretrial release services in youth part of superior court

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where pretrial services are operated by
				  the probation department, each probation director shall establish and maintain
				  pretrial services for youth part matters, in accordance with the provisions of
				  the Executive Law, the Criminal Procedure Law, and all other applicable laws,
				  rules, and regulations.
(b) Where
				  pretrial services are provided by the probation department, each probation
				  director shall develop, adopt, and disseminate written policies and procedures
				  for the uniform provision of such pretrial services in the youth part. The
				  policies and procedures shall ensure:
(1)
				  screening of youth at the earliest possible time after arrest. This may include
				  while the youth is in custody, pre-arraignment, or at the initial session of
				  the regularly scheduled youth part, upon notification from the court;
(2) a standardized interview of eligible
				  youth, related to the program's criteria for release;
(3) were available, use of a state-approved
				  assessment tool that measures a youth's failure to appear in court;
(4) advising the court of any available
				  alternatives to detention that may be appropriate;
(5) procedures to monitor, investigate, and
				  report to the court regarding the compliance of youth released under
				  supervision, as ordered by the court; and
(6) timely notification to the court when a
				  released youth has been determined to be non-compliant with the terms and
				  conditions of release as set forth by the court, including orders of
				  protection.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.10 - Case recordkeeping requirements in youth part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All probation case plan records shall be
				  kept in either paper or electronic format or a combination of both.
(b) Where pretrial release services
				  commenced, probation records shall include the following, where applicable:
(1) terms and conditions of the pretrial
				  release service ordered;
(2)
				  results of any risk assessment that measures failure to appear;
(3) release of information forms;
(4) referrals to and/or summaries from any
				  court ordered or otherwise appropriate programming/services, or other relevant
				  collateral documents or information;
(5) other required case record information:
(i) date(s) of referrals to any
				  court-ordered, or otherwise appropriate program/service and any available
				  outcome information;
(ii) dates and
				  types of contacts related to the case;
(iii) summary of pretrial release services
				  provided may be included in the case file;
(6) any correspondence to the court related
				  to the case.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 360 - Waivers › Section 360.1 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
A local jurisdiction may apply to the State Director for a
					 waiver of any provision of these rules. Such application shall be in writing
					 and specify how granting the waiver would improve probation practice in the
					 jurisdiction or relieve it of an undue burden.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  absconder means a conditional releasee who has failed to make his whereabouts
				  known for a period of 30 days by failure to report or who has left the
				  specified geographic area without permission of his probation
				  officer.
(b) The term auxiliary
				  personnel means a person, other than a probation officer, designated by the
				  Director of Probation to act for the Probation Department.
(c) The term classification means the
				  specification of the frequency of contact between probation officer and
				  conditional releasee in accordance with particular criteria and procedures
				  which will determine the required level of supervision.
(d) The term classification instrument means
				  a standardized, statistically developed procedure for determining the required
				  frequency of supervision based upon the likelihood of successful completion of
				  conditional release.
(e) The term
				  conditional releasee means individuals released pursuant to section 70.40 (2)  of
				  the Penal Law.
(f) The term
				  conditional releasee means release authorized pursuant to section 70.40 (2)  of
				  the Penal Law.
(g) The term
				  conditions of conditional release means specific requirements prescribed by the
				  local conditional release commission as part of conditional release to assist
				  the conditional releasee in leading a law-abiding life.
(h) The term contact means a communication
				  with the conditional releasee.
(1) The term
				  personal contact means a face-to-face contact with the conditional
				  releasee.
(2) The term home visit
				  means a visit to the conditional releasee's home to verify residence.
(3) The term collateral contact means a
				  communication with a person other than the conditional releasee concerning the
				  conditional releasee, either in person, by telephone or by mail.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.2 - Objectives of supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  provide public protection in keeping with the special duties of a probation
				  officer.
(b) To prepare the
				  conditional releasee for independent, law-abiding living.
(c) To provide a system of differential
				  supervision based on the classification and program needs of conditional
				  releasees.
(d) To conduct a cost
				  effective supervision program.
(e)
				  To provide restitution and/or reparation to victims of criminal acts whenever
				  applicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.3 - Applicability and rationale

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  This Part is applicable to the supervision of conditional releasees released
				  pursuant to section 70.40 (2)  of the Penal Law.
(b) The rationale for this Part is as
				  follows:
(1) The activities of the
				  conditional releasee are subject to the supervision of a probation officer
				  until termination or expiration of conditional release. The type and level of
				  supervision of each client should be varied and tailored to the needs of the
				  individual for successful completion of the conditional release and for the
				  safety and protection of society. In order to accomplish this, a system of
				  differential supervision must be applied based upon a standardized method of
				  classification of the conditional release.
(2) Such a standardized method of
				  classification serves to determine the required frequency of supervision by
				  level for a conditional releasee, thereby allowing probation resources to be
				  utilized more effectively.
(3) A
				  uniform classification methodology and procedure facilitates consistency in
				  decisionmaking regarding differential supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.4 - Initial interview and assignment of case

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each probation director or his designee
				  shall, upon receiving notice of an individual granted release and to be
				  supervised by the local probation department, assign a probation officer to the
				  case.
(b) Upon receiving
				  notification that an individual has been granted conditional release to be
				  supervised by the local probation department, a probation officer, preferably
				  the assigned officer, shall conduct the initial interview within seven calendar
				  days prior to the release date. The probation officer shall provide preliminary
				  information and specific instruction relative to the conditional release and
				  make every effort to ensure the individual understands the order of conditions
				  of release. The officer shall ensure that the inmate has been provided with a
				  copy of his order of conditional release, has agreed to the conditions and has
				  signed the order.
(c) The date of
				  the initial interview shall be entered into the official case record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.5 - Classification of conditional release

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the initial interview or within seven calendar
					 days of departmental notification of duty to supervise the conditional
					 releasee, the probation officer shall review any probation reports, supervision
					 history information and any other pertinent information available relative to
					 the individual whose supervision he has been assigned, determine the
					 appropriate classification level of supervision, initiate a needs assessment
					 process and develop an individual plan of supervision. The form of such
					 instruments and processes and their content shall be prescribed to the State
					 Director of Probation and Correctional Alternatives. Prior written approval of
					 the State Director of Probation and Correctional Alternatives must be obtained
					 to vary the form or content of such instruments or processes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.6 - Differential supervision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Differential supervision for conditional releasees.
(1) Each department shall classify its adult
				  supervision caseload into three categories based upon a conditional releasee's
				  likelihood of successful completion of conditional release. The classification
				  categories of supervision will be three levels: level I--intensive; level
				  II--medium; and level III-- minimum, as follows:
(i) Level I--intensive.
(a) Cases shall be assigned to this level of
				  supervision in accordance with the classification score established by the
				  State Director of Probation and Correctional Alternatives. Notwithstanding,
				  where a conditional releasee receives less than the required classification
				  score but in the best mutual judgment of the probation officer and his
				  supervisor presents a substantial likelihood of failure on release, the
				  conditional releasee may be classified as level I. The reason for such
				  classification shall be recorded in the official case record.
(b) Required contacts.
(1) The probation officer shall make one home
				  visit per month and at least four personal contacts per month, one of which may
				  take place during a home visit.
(2)
				  The probation officer shall make at least 12 collateral contacts per quarter.
				  However, in the event the probation officer has ample justification to reduce
				  the number of collateral contacts, he may, with the approval of his immediate
				  supervisor, reduce the number of collateral contacts which may not be fewer
				  than three per quarter. Justification for and approval of any reduction shall
				  be recorded in the official case record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.7 - Authorized search of a conditional releasee

Current through Register Vol. 46, No. 28, July 10, 2024
Upon reasonable cause to believe that a conditional
					 releasee has illegal drugs, drug paraphernalia, deadly or prohibited weapons,
					 or stolen property in his possession, a probation officer may conduct a search
					 of the releasee's person, residence, vehicle or property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 361 - Supervision Of Conditional Releasees › Section 361.8 - Supervision recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The official case record shall be
				  identified by name and number in system.
(b) The contents of the case record shall
				  include the following:
(1)
				  Pre-plea/pre-sentence supplemental conditional release reports; orders and
				  conditional release; and any relevant legal documents. The department's case
				  record shall include information on all probation services rendered.
(2) Initial supervision plan, including the
				  date of the review of the conditions of conditional release; classification
				  documents; quarterly supervision reports; violation of conditional release
				  reports and any relevant legal documents. Each conditional releasee's
				  supervision plan, including assessment of needs and objectives, shall be
				  reviewed on a quarterly period basis, and a summary analysis shall be recorded
				  on the case record.