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 347 - Probation Management › Section 347.3 - Rationale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
				  the probation department is to protect the safety and property of persons by
				  prevention of juvenile delinquency and adult crime and related family
				  malfunctioning, with maximum effectiveness and at reasonable cost.
(b) Probation is concerned with assisting
				  individuals and families through a full range of services to avoid behavior
				  which caused their original difficulties.
(c) In the broadest context, management of
				  probation operations includes the participation of those executives and
				  legislators who have responsibility for determination of the laws, policies,
				  staffing and budgets for the probation department. Probation administrators
				  must be effective in their relationships and dealings with executives and
				  legislators.
(d) Probation
				  management must share with the community in identifying and developing
				  resources and innovative programs for prevention of crime and
				  delinquency.
(e) Another important
				  management perspective is the organization and coordination of all levels of
				  employees of the probation department in the execution of probation
				  functions.
(f) A body of sound
				  management knowledge and practice, expressed in "rules", has been developed
				  through long experience of both private industry and government. It is
				  important that the employees of the probation organization understand and apply
				  the "rules" of sound probation management.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 347 - Probation Management › Section 347.4 - Rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  organizational arrangement of probation functions and positions shall be
				  specified in a chart of organization.
(b) The authority and responsibility of all
				  positions shall be specified, communicated to all personnel, and maintained on
				  file.
(c) Channels of internal and
				  external communications to be followed by employees shall be
				  specified.
(d) Statements of
				  general purpose and objectives by functions shall be used in planning and
				  maintaining the organization and management of the probation
				  department.
(e) Staff authority and
				  responsibility shall be arranged for the planning and evaluation of probation
				  programs.
(f) The recruitment,
				  selection, and promotion of probation professional personnel shall be based on
				  the "Standard Specifications for Professional Probation Positions" (Appendix
				  H-10, infra.), as promulgated by the Commissioner of the Division of Criminal
				  Justice Services in cooperation with the Office of Commission Operations and
				  Municipal Assistance of the New York State Department of Civil
				  Service.
(g) Collaboration with
				  criminal justice and related community services shall be maintained to
				  facilitate communications, coordinate activities and effectively use resources
				  for carrying out probation services.
(h) Written statements of probation policies
				  and procedures shall be developed and maintained with the involvement of all
				  appropriate levels of employees.
(i) Periodic progress reports on probation
				  operations shall be made to all staff, appropriate authorities and the
				  public.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 348 - Case Record Management › Section 348.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Case record
				  management is the systematic control over the establishment, accessibility,
				  utilization, content, security, privacy, preservation and timely destruction of
				  case records.
(b) Cumulative case
				  record is a single case file containing all information with respect to a case
				  from its inception through its conclusion. All records developed and/or
				  received by the probation department which are related to the carrying out of
				  authorized probation functions and services are considered probation records
				  for the purpose of retention and destruction. The records may be written or
				  electronic. Reports and other records material developed by the probation
				  department and transmitted to the courts or other agencies become the
				  responsibility of the court or other agencies as records.
(c) Probation services include intake,
				  investigation, supervision, voluntary assessment and case planning services,
				  and any other special 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 348 - Case Record Management › Section 348.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
This rule establishes minimum State standards regarding
					 probation case record management.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 348 - Case Record Management › Section 348.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to all probation departments
					 throughout 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 348 - Case Record Management › Section 348.4 - Accessibility of case records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Case records shall be accessible, in whole or in part, only by those
				  authorized by law, court order and/or the Division of Probation and
				  Correctional Alternatives (DPCA). DPCA has access to all case records and
				  probation departments shall provide copies of any case records to DPCA upon
				  request.
(b) The contents of the
				  case record shall include information and/or documents of:
(1) Intake services, where
				  applicable.
(2) Pretrial services,
				  where applicable.
(3)
				  Pre-dispositional services, where applicable.
(4) Voluntary assessment and case planning
				  services, where applicable.
(5)
				  Arrest, complaint, appearance ticket, and any other legal information and/or
				  documents obtained or generated.
(6) Any probation investigation and report
				  and related in formation and/or documents.
(7) All probation supervision-related
				  information and/ or documents, including order and conditions, risk and needs
				  assessment(s), applicable interstate/intrastate transfer records, case
				  plan.
(8) Any victim impact
				  statement and information, where available.
(9) All correspondence received relating to
				  or associated with 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 348 - Case Record Management › Section 348.5 - Investigation Record Keeping Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Investigation records shall include the following:
(a) Court order for the
				  Investigation.
(b) Supportive
				  documentation in the preparation of the investigation including but not limited
				  to:
(i) Accusatory instruments, indictment,
				  and/or petition
(ii)
				  Defendant/respondent statements
(iii) Victim statements
(iv) Arrest report(s)
(v) Related correspondence
(vi) Release of information requests and
				  responses
(vii) Related records
(viii) Criminal history record
				  information
(ix) Certificate of
				  Conviction
(x) any investigation
				  worksheet and/or notes
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 348 - Case Record Management › Section 348.6 - Supervision recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Periodic reassessments/case reviews.
(1) Periodic reassessments/case reviews shall
				  include the following:
(i) a copy of the
				  State approved completed risk and needs assessment and any reassessment/case
				  review;
(ii) documentation of
				  compliance or non-compliance with contact requirements during the supervision
				  period;
(iii) progress towards
				  achieving case plan goals, objectives, and action steps during the current
				  supervision period;
(iv)
				  documentation of participation in merit credit activities, where applicable,
				  during the supervision period;
(v)
				  documentation of any substitution credits provided, where applicable, during
				  the supervision period;
(vi) any
				  modification of case plan, conditions of probation, pre- dispositional
				  supervision, or interim probation supervision and reclassification of the
				  supervision level; and
(vii)
				  summary of the use of graduated responses, any violation of probation,
				  pre-dispositional supervision, or interim probation supervision,
				  re-arrest/reconviction information, and any other probation and/or court
				  action(s) and 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 348 - Case Record Management › Section 348.7 - Accessibility of case records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General.
(1) Case records shall be
				  accessible, in whole or in part, only by those authorized by law, court order
				  and/or the Division of Criminal Justice Services (DCJS). Authorized DCJS
				  personnel shall have access to all case records and probation departments shall
				  provide copies of any case records to DCJS upon request.
(2) Any pre-sentence report or memorandum
				  submitted to the court pursuant to article 390 of the Criminal Procedure Law
				  and any medical, psychiatric or social agency report or other information
				  gathered for the court by a probation department or submitted directly to the
				  court, in connection with the question of sentence is confidential and may not
				  be made available to any person or public or private agency except where
				  specifically required or permitted by statute or upon specific authorization of
				  the court.
(3) Any
				  pre-dispositional reports or memoranda prepared or obtained by a probation
				  department for the purpose of a dispositional hearing shall be deemed
				  confidential information furnished to the court and shall be subject to
				  disclosure solely in accordance with Family Court Act section
				  351.1  or 750
				  whichever is applicable or as otherwise provided by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  interstate compact for adult offender supervision and the interstate compact
				  for juveniles means legally binding agreements and administrative arrangements
				  under which the states in an interstate transfer serve as each other's agents
				  in the supervision of certain parolees, probationers, juvenile delinquents,
				  persons in need of supervision, and youthful offenders.
(b) The term interstate transfer means a
				  process by which the supervision of probationers is transferred to and from
				  jurisdictions outside the State of New York.
(c) The term intrastate transfer means a
				  process by which supervision and jurisdiction of a probationer is transferred
				  within the State of New York and includes inter-county probation pursuant to
				  section 176  of the Family Court Act.
(d) The term temporary transfer means the
				  intrastate process by which supervision of a probationer who desires to reside
				  temporarily within the jurisdiction of another local probation department for
				  purposes of education, employment, or residential treatment is transferred to
				  such department for a period between 1 and 10 months.
The amended version of this section by
					 New
					 York State Register March 29, 2023/Volume XLV, Issue 13, eff.
					 3/29/2023 is not yet
					 available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
To provide procedures which will ensure the expeditious
					 processing of interstate, intrastate and temporary transfer of supervision
					 cases and the appropriate supervision of such cases.
The amended version of this section by
					 New
					 York State Register March 29, 2023/Volume XLV, Issue 13, eff.
					 3/29/2023 is not yet
					 available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.3 - General requirements for the transfer of supervision of all probationers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All interstate transfers of probation supervision shall be in accordance with
				  the provisions of the interstate compact for adult offender supervision, the
				  interstate compact for juveniles, any other governing compact, and applicable
				  rules, regulations and procedures as adopted by the State compact administrator
				  for such compacts with reference to the transfers of probation supervision. Any
				  sending probation department shall take all necessary steps to ensure the
				  following are completed prior to transfer:
(1)
				  fingerprinting of any convicted probationer, youthful offender, and juvenile
				  delinquent adjudicated of a fingerprintable offense;
(2) DNA testing, where applicable;
				  and
(3) sex offender registration,
				  where applicable.
A sending department shall indicate what actions it has
					 taken with regard to these aforementioned requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.5 - Requirements for the temporary transfer of supervision of probationers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Temporary
				  transfer of a probationer may be approved by a sending probation department
				  upon verification of temporary residency by the receiving probation
				  department.
(b) Upon knowledge of a
				  probationer's desire to temporarily reside in a place other than within the
				  jurisdiction where the sending probation department is located for purposes of
				  education, employment, or residential treatment, for a period of 30 consecutive
				  calendar days or more not to exceed 10 months, the sending probation department
				  may request the appropriate probation department within the State to
				  temporarily assume courtesy supervision. Prior to a transfer of courtesy
				  supervision, the sending department shall notify the court with jurisdiction of
				  the transfer. Where residency can be verified, the receiving department shall
				  accept supervision, absent special circumstances.
(c) The request by the sending probation
				  department to the receiving department shall occur immediately upon knowledge
				  of a probationer's desire to reside in another jurisdiction of the State. The
				  sending department shall provide the receiving department at a minimum with the
				  following:
(1) name of individual subject of
				  transfer;
(2) subject's current and
				  prospective street/apartment address;
(3) subject's current home and business
				  telephone number;
(4) underlying
				  offense or act;
(5) name of
				  subject's current and prospective employer if different; and
(6) name, address, and telephone number of
				  residential treatment provider or educational institution, where
				  applicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.6 - Administrative appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever
				  there is a dispute as to acceptance of an intrastate or temporary transfer case
				  between local probation departments, either or both departments may appeal to
				  the director of the Office of Probation and Correctional
				  Alternatives.
(b) The departments
				  shall provide the Office of Probation and Correctional Alternatives with
				  information as to their respective position and specific details as to the
				  nature of the dispute and such other information as may be requested by the
				  director. The office shall attempt to mediate the matter and if necessary, the
				  commissioner of the Division of Criminal Justice Services, upon consultation
				  with the director of the Office of Probation and Correctional Alternatives,
				  shall promptly render a final determination binding upon both
				  departments.
The amended version of this section by
					 New
					 York State Register March 29, 2023/Volume XLV, Issue 13, eff.
					 3/29/2023 is not yet
					 available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 349 - Interstate And Intrastate Transfer Of Probation Supervision For Adults And Juveniles › Section 349.7 - Restitution and other financial obligation

Current through Register Vol. 46, No. 28, July 10, 2024
The receiving probation department shall be responsible for
					 the collection of any restitution payment and designated surcharge imposed as a
					 condition of a probation sentence or disposition and disbursement to the proper
					 beneficiary. The receiving department shall be entitled to receive and keep any
					 designated surcharge imposed. However, in no event shall the receiving
					 probation department be responsible for the collection and disbursement of any
					 restitution and/or other financial obligations which it does not routinely
					 collect.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  interview means the process of interviewing an individual directly, whether
				  through in-person interview, or another form of telecommunication, such as
				  telephone or e-mail.
(b) The term
				  in-person interview means a face-to-face interview with the
				  respondent/defendant and/or other persons conducted in real-time in either
				  direct physical proximity or remotely by video conference.
(c) The term investigation means the process
				  by which probation officers investigate and produce a report pursuant to an
				  order or request from family, criminal, civil, supreme or surrogate
				  court.
(d) The term legal history
				  means the formal record concerning the respondent's/defendant's involvement in
				  the legal system.
(e) The term
				  offense means an offense as defined in Penal Law, section
				  60.27(4)(a).
(f) The term public
				  institution or agency means any governmental entity which has the legal
				  authority to detain and/or obtain custody over an individual pursuant to court
				  order.
(g) The term social
				  circumstances means relevant information regarding the current and past family
				  situation, economic status, education and employment, physical and mental
				  health; attitudes and cognitive-behavioral skills; criminogenic risk and needs,
				  identified protective factors; and any significant patterns of which the court
				  should be aware.
(h) The term
				  verification means the process of confirming or substantiating the accuracy or
				  truth of information obtained via interview(s) or correspondence through the
				  use of reliable, objective, independent documentation, observation or other
				  sources.
(i) The term victim means
				  victim as defined in Penal Law (PL), section 60.27 and victim as indicated in
				  provisions of articles 3, 7 and 8 of the Family Court Act (FCA).
(j) The term victim impact statement means a
				  written document prepared by the victim(s), victim(s)'s family, or significant
				  other(s); or, subsequent to making contact with the victim or victim's
				  representative, by the investigating probation officer. It shall include: the
				  victim/family/ significant other's version of the offense/act; the extent of
				  injury or economic loss, including physical, psychological or economic injury
				  or impact, damages, or losses; actual out of pocket loss to the victim; and the
				  view of the victim/victim's representative relative to disposition/
				  treatment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.2 - Types of investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Family court, supreme court, and surrogate court investigations.
(1)
				  Adoption/custody/guardianship/neglect/visitation and all other family court
				  cases: conducted to provide home and background information related to such
				  matters affecting the child(ren) at issue. Local policy determines if these
				  investigations are conducted by the probation department.
(2) Pre-dispositional: conducted after
				  fact-finding, but prior to disposition for both person in need of supervision
				  (PINS) and juvenile delinquency (JD) matters.
(3) Supplemental: conducted pursuant to order
				  and direction of the court to update a previously submitted report on the same
				  matter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.3 - Objectives

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of the investigation and report is to
					 provide the court with relevant and reliable information, in a succinct,
					 analytical presentation for decision-making. Also, to provide dispositional and
					 regulatory agencies that are entitled to access with information for immediate
					 and future decision-making purposes with respect to placement/incarceration,
					 services and program delivery. These dispositional agencies shall include
					 probation, social services, New York State Office of Children and Family
					 Services (OCFS), Department of Corrections and Community Supervision (DOCCS), and any other public institution or agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to all JD, PINS, family offense,
					 custody, adoption, guardianship and neglect/abuse pre-dispositional
					 investigations and pre-plea reports for the family courts and supreme or
					 surrogate court where applicable and to all adult/youthful offender pre-plea,
					 pre- sentence and any certificates of relief from disabilities investigations
					 and reports for the criminal courts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.5 - Investigations and reports, generally

Current through Register Vol. 46, No. 28, July 10, 2024
The probation investigative and reporting processes shall
					 be impartial, fair, factual, analytical, pertinent, and relevant to the
					 objective of the report. The investigating probation officer shall distinguish
					 between fact and professional assessment, and between their own observations
					 and those from other sources. The source of all relevant information shall be
					 reported.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.7 - Preparation of reports for criminal, juvenile delinquency, persons in need of supervision, and family offense proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Format and Scope of Report. The report
				  shall be typed and all required identifying personal and legal information
				  shall be set forth on the face sheet. For
				  pre-dispositional/pre-plea/pre-sentence reports, the face sheet shall include,
				  at a minimum, information as set forth in the DCJS probation
				  Pre-dispositional/pre-plea/presentence Investigation Report Face sheet
				  standardized template. The report may not necessarily include all information
				  obtained through the investigation process as specified in Section
				  350.6.
				  However, the report shall contain relevant and reliable information that may
				  have a bearing upon the recommendation or court disposition/sentence as well as
				  any information directed by the court.
(b) Content of report.
(1) Legal history: the legal history shall
				  consist of all relevant and reliable information as set forth in section
				  350.6(b)(1) 
				  of this Part. A summary analysis of the legal history shall be prepared in
				  paragraph form. It shall contain the following information:
(i) Family court history: dates of
				  petitions/offenses/complaints; courts; fact findings and dates;
				  adjudications/dispositions and dates. The legal history shall include, as
				  permissible, prior and pending intake-diversion matters and petitions, family
				  offense history, and the custody status of the respondent. The existence of
				  current and/or prior orders of protection shall be detailed.
(ii) Criminal court history: dates of
				  arrests/offenses/charges; courts; pleas/convictions and dates;
				  adjudications/dispositions and dates. This information shall include pending
				  charges and youthful offender adjudications. The existence of current and/or
				  prior orders of protection shall be detailed.
(iii) Family Court pre-dispositional
				  supervision compliance in present case.
(iv) Criminal court pretrial service(s)
				  compliance in present offense.
(v)
				  Voluntary assessment and case planning services: where a youth has engaged in
				  such services, probation shall provide a summary of these efforts to the court
				  within the pre-sentence investigation, as follows:
(a) Summary of any assessment findings;
(b) Referrals and progress with
				  respect to mitigating risk;
(c)
				  Addressing any identified criminogenic needs; and
(d) Progress of the youth with respect to
				  achieving 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 350 - Investigations And Reports › Section 350.8 - Certificate of relief from disabilities investigation and report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Order to
				  conduct investigation. Upon receipt of a court order/request, the probation
				  department shall conduct a certificate of relief from disabilities
				  investigation of an applicant subsequent to the sentencing of such
				  applicant.
(b) Scope of
				  Investigation and Report. The investigation an d report shall conform to
				  requirements specified in the court order/request. In the absence of any such
				  specification, the investigation and report shall consist of the gathering of
				  information with respect to the applicant's legal history, the applicant's
				  current social circumstances, including current employment and economic status.
				  It shall also include the nature of the relief requested as it relates to
				  employment, rehabilitation, and public interest/safety. It shall include a
				  recommendation as to the granting of the state of New York certificate of
				  relief from disabilities (DCJS OPCA -53) and the relief to be
				  granted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.9 - Special requirements for pre-plea investigation and report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Order and
				  Authorization to Conduct Investigation. The probation department shall conduct
				  a pre-plea investigation only upon a court order and written authorization by
				  the defendant, defendant's attorney, and the prosecuting attorney. Such written
				  authorization and waiver for Pre-Plea Probation and Investigation and report
				  (such as DCJS OPCA - 2.2A) shall include statements that no probation
				  department personnel will be called to testify regarding information acquired
				  by the probation department, that information obtained by the probation
				  department may not be used in a subsequent trial, and that this exemption does
				  not apply to defense or prosecutorial investigation material which may be
				  included in the report.
(b) Scope
				  of investigation and report. Generally, the investigation and body of the
				  report shall conform to sections
				  350.6
				  and
				  350.7 
				  of this Part. The recommendation shall take into account that at the time of
				  report preparation there is no conviction. Where the defendant declines to
				  discuss the current offense, whether on the advice of counsel or of their own
				  volition, this shall be noted in the report.
(c) Relationship to pre-sentence
				  investigation and report. Upon a conviction by plea, in all cases where a
				  pre-sentence investigation is required by statute and whenever sentencing does
				  not occur at the time of such conviction by plea, the pre-plea investigation
				  and report may be utilized as a pre-sentence report unless the court orders
				  that the report be updated, or, the probation department has learned of other
				  relevant information. In such cases, an addendum may be attached to the
				  pre-plea report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.10 - Submission, transmittal, and confidentiality of probation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submission of
				  probation reports. The probation director shall establish written policy and
				  procedure to ensure that the court has sufficient time to read the report prior
				  to court disposition/sentence and to make appropriate exceptions for disclosure
				  purposes as follows:
(1) For all criminal
				  cases the probation report shall be submitted to the court not less than one
				  court day prior to sentencing except if waived by the parties.
(2) For all JD and PINS cases, the probation
				  report shall be submitted to the court at least five court days prior to
				  commencement of the dispositional hearing.
(3) Investigations and reports ordered by the
				  court in designated felony act cases under Family Court Act, section
				  351.1(1) 
				  shall have priority over other cases arising under Family Court Act, articles 3
				  and 7.
(4) Where probation
				  supervision is recommended the probation department may transmit the
				  recommended conditions of probation supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.11 - Pre-disposition investigations and reports in all other family related matters

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a court order and in the absence of court
					 direction, the scope of the investigation, type of report, format and content
					 for all other family related matters shall be in accordance with local
					 probation policies and procedures. In custody, adoption, visitation, and
					 guardianship investigations, the parties of the investigation are subject to
					 fingerprinting in order for probation to obtain complete access to any criminal
					 history information. Therefore, the scope of these investigations shall include
					 a multi-state criminal history search, and the probation officer shall include
					 any such criminal history information in the report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 350 - Investigations And Reports › Section 350.12 - Guidelines for schedule of payments

Current through Register Vol. 46, No. 28, July 10, 2024
Where a county or the City of New York has adopted a local
					 law authorizing its probation department to receive an investigation fee for
					 conducting an investigation pursuant to Family Court Act, section 653, the
					 schedule of payment(s) of any such fee should be imposed by the court at the
					 time the investigation is ordered. Pursuant to Family Court Act, section 252-a,
					 all fees shall be paid directly to the local probation department. To
					 facilitate the effective administration of fee collection, it is recommended
					 that the court require completion of the schedule of payment(s) on or before
					 the next court date. In the event payment is not completed by such time, it is
					 recommended that the balance be paid before completion of the hearing or
					 submission of the final order and that any schedule of remaining payment(s)
					 provide for a designated amount to be paid at specified
					 intervals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of this rule is to provide local probation
					 departments with supervision procedures for persons who receive a probation
					 sentence, are placed on probation supervision, or are under interim probation
					 supervision by the courts. The rule promotes evidence-based practices in the
					 field of probation to advance public safety by holding the offender
					 accountable, improving offender competencies, restoring victims, and reducing
					 recidivism.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to all probation departments for
					 family and criminal court probation supervision as well as interim probation
					 supervision cases.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.4 - Case assignment

Current through Register Vol. 46, No. 28, July 10, 2024
Each probation director or designee shall assign a case to
					 a probation officer within three business days from the probation department's
					 receipt of the official notification of the disposition from either criminal or
					 family court or the interim probation supervision; and
(a) review the probation disposition or
				  interim probation supervision conditions to confirm their legality and the
				  inclusion of all statutorily mandated conditions; and
(b) verify the dates of disposition or
				  imposition of interim probation supervision and ensure consistency with the
				  court order, applicable case law, and statute; and
(c) assign applicable cases to specialized
				  caseloads, where available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.5 - Assessment and case planning

Current through Register Vol. 46, No. 28, July 10, 2024
The time frame for assessment and case planning completion
					 shall be up to 30 business days which begins at the date of the initial
					 interview and extends no longer than completion of the case plan. During this
					 time, the probation department shall:
(a) Conduct the initial interview. The
				  initial interview with the probationer by the assigned probation officer,
				  another probation officer, or auxiliary probation personnel shall occur within
				  eight business days from the date of assignment. When the initial interview is
				  conducted by auxiliary probation personnel, it shall consist only of imparting
				  to the probationer necessary preliminary information and instructions relating
				  to the probation disposition or interim probation supervision; information on
				  when, where, and to whom to report; and ensuring that the probationer is
				  provided with a copy of his order and conditions of probation.
(1) Where the probationer is unavailable for
				  the initial interview during the required eight business day time frame because
				  he/she is incarcerated, in detention, or in placement, the initial interview
				  shall occur prior to release from custody, with the goal of establishing the
				  supervision relationship.
(2) If
				  the initial interview is not conducted within the required eight business day
				  time frame because the probationer is unavailable, the probation department
				  shall document the reasons for the delay in the case file.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.7 - Probation supervision practices

Current through Register Vol. 46, No. 28, July 10, 2024
Supervision is the sum of activities of a probation
					 officer(s), or other authorized personnel with a probationer during the term of
					 probation or interim probation supervision and shall include, but is not
					 limited to:
(a)
Probationer
				  engagement.
(1) Engage the probationer
				  by using motivational interviewing and other evidence-based tools to prompt an
				  understanding for the need to change criminal thinking and behavior, and to
				  lead a law-abiding life.
(2)
				  Document in the case file the probationer's progress in changing his/her
				  thinking and behavior.
(3) Advocate
				  for the probationer's timely commencement of services and work closely through
				  on-going communication with the service provider(s) and monitor the
				  probationer's motivation, participation, and progress in services that address
				  the criminogenic needs identified in the case plan.
(4) Document in the case file the
				  probationer's initiation of 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 351 - Probation Supervision › Section 351.8 - Interstate and intrastate transfer cases

Current through Register Vol. 46, No. 28, July 10, 2024
If a probationer requests an interstate or an intrastate
					 transfer of supervision during the term of probation, the probation department
					 shall adhere to applicable state law governing interstate or intrastate
					 transfer, the Interstate Compact for Adult Offender Supervision or the
					 Interstate Compact for Juveniles and their respective governing rules, where
					 applicable, and additional regulatory requirements set forth in Part 349 of
					 this Title with respect to the Interstate and Intrastate Transfer of Probation
					 Supervision for Adults and Juveniles. A review of the probationer's compliance
					 with conditions of probation and his/her progress in meeting the goals of the
					 case plan should be considered before a transfer is recommended or initiated.
					 For criminal court cases, where a probationer is granted permission to move or
					 travel outside the court's jurisdiction, he/she shall sign a written waiver of
					 extradition agreeing to waive extradition proceedings where such proceedings
					 are the result of the issuance of a warrant by the court pursuant to Criminal
					 Procedure Law section 410.40(2), based upon an alleged violation of probation.
					 Where an interstate case has been accepted for supervision by another state,
					 the contact requirements herein shall be satisfied through the rules of the
					 applicable Interstate Compact and the supervision requirements of the receiving
					 state until such time as a return or retaking.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.9 - Termination of sentence

Current through Register Vol. 46, No. 28, July 10, 2024
Following departmental policies, a probation officer may
					 request of the court a termination of the probation sentence when the probation
					 officer concludes:
(a) the probationer
				  is no longer in need of such guidance, training or other assistance which would
				  otherwise be administered through probation supervision;
(b) the probationer has diligently complied
				  with the terms and conditions of the sentence of probation; and
(c) the termination of the sentence of
				  probation is not adverse to the protection of the public or the
				  victims.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.10 - Case closing

Current through Register Vol. 46, No. 28, July 10, 2024
Probation supervision cases shall be closed using one of
					 the following case closing options:
(a) termination of sentence (early
				  termination/early discharge);
(b)
				  maximum expiration;
(c)
				  revocation;
(d) complete intrastate
				  transfer;
(e) death; or
(f) other-includes the imposition of certain
				  state imprisonment sentences pursuant to Penal Law section 65.15 or authorized
				  transfer of custody and supervision to federal authorities pursuant to Criminal
				  Procedure Law section 410.80(4).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 351 - Probation Supervision › Section 351.11 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each probation director shall report to the Commissioner of
					 the Division of Criminal Justice Services in the form, manner, and timeframes
					 prescribed, including any and all such information requested pertaining to any
					 person receiving a probation sentence, placed on probation, or subject to
					 interim probation supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 352 - Graduated Responses › Section 352.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
This rule supports the role of probation in assisting
					 probationers make positive behavioral change through the use of graduated
					 responses, including incentives and sanctions. It incentivizes pro-social
					 behavior and promotes public safety and offender accountability through prompt
					 and decisive action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 352 - Graduated Responses › Section 352.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to both family and criminal court
					 cases.