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 352 - Graduated Responses › Section 352.4 - Graduated Responses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  local probation director shall establish and disseminate to departmental staff
				  a written policy and procedure with respect to the use of incentives to
				  reinforce pro-social behavior and interventions, services and/or sanctions to
				  address non-compliant behaviors. The policy shall be consistent with public
				  safety and effective supervision strategies for determining the appropriate
				  course of action, and the timeframes within which to take those actions. These
				  policies shall provide for:
(1) early
				  notification to the individual, and parent/guardian where appropriate, of the
				  probation department's application of incentives, interventions and sanctions
				  to encourage pro-social behavior; and
(2) consideration as to which incentives and
				  interventions may be suitable and support the probationer's behavioral change
				  and compliance with conditions; and
(3) consideration as to which sanctions such
				  as additional interventions, intensifying the level of supervision, reprimands
				  by department administrative officials, changes in service providers, and/or
				  greater restrictions on movement can be imposed administratively by the
				  department, while reducing the need for formal court intervention;
				  and
(4) consideration of the
				  probationer's history of non-compliance with the terms and conditions of the
				  current disposition, gravity of the non-compliant behaviors, dangerousness to
				  self and/or others, and other case specific circumstances; and
(5) consideration, if a Violation of
				  Probation Petition and Report is being prepared, as to the feasibility and
				  advisability of:
(i) continuing the probation
				  sentence or disposition with or without modification;
(ii) extending the probation term as provided
				  by law;
(iii) when revocation of
				  the probation sentence is recommended, whether to propose a sentence of
				  imprisonment coupled with probation as authorized by law, where the original
				  sentence of probation contained no condition of imprisonment; or
(iv) when revocation of the probation
				  sentence or disposition is recommended, whether to propose an alternate
				  dispositional option.
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 352.5 - Procedures for the use of incentives and rewards in criminal and family court cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedures
				  for the use of incentives and rewards shall be implemented to support positive
				  behavioral change in the probationer and compliance with conditions of
				  probation. To be most effective, responses to behavior shall be swift, certain,
				  fair, and tailored to the individual:
(1)
				  Procedures should incentivize pro-social behavior and successful completion of
				  short and long term case plan goals;
(2) Procedures should encourage referrals to
				  service providers which utilize incentives and rewards in working with
				  probationers;
(3) Procedures should
				  define incentives and may include, but not be limited to, verbal praise,
				  written acknowledgement of positive behavior, accomplishment of goals, and
				  improved education or employment performance, or other recognitions valued by
				  the individual or family. Incentives may also include modifications of
				  court-ordered conditions including early discharge with court approval;
				  and
(4)  Procedures should
				  incorporate responsivity principles.
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 352.6 - Procedures for non-compliant behaviors and Probation violations in criminal and family court cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedures
				  for responding to non-compliant behaviors, other than absconding or new
				  offenses, to be utilized in the absence of court direction.
(1) Investigation of alleged non-compliance.
(i) When a probation officer has reasonable
				  cause to believe that a probationer has not complied with condition(s) of
				  probation, the probation officer shall commence an investigation.
(ii) Such investigation shall, to the extent
				  necessary, consist of determining the facts and seriousness of the alleged
				  non-compliance.
(iii) The probation
				  officer shall review incentives and sanctions that have been utilized during
				  the supervision period.
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 352.7 - Procedures for new offense violations for criminal supervision cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Procedures upon a probationer's arrest for a new offense.
(1) Investigating the alleged offense.
(i) Upon a probation department's knowledge
				  that a probationer under its supervision has been arrested for a new offense
				  (other than a traffic infraction), the probation officer shall commence an
				  investigation.
(ii) Such
				  investigation shall, to the extent necessary, consist of determining the facts
				  and seriousness of the alleged offense.
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 352.8 - Issuance and Management of warrants for arrest of probationers and notices to appear

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local
				  probation director shall establish written policies and procedures governing:
(1) the circumstances to be considered
				  relative to obtaining a notice to appear or warrant;
(2) the timely preparation and delivery to
				  the appropriate court for consideration of the recommendation and, where
				  necessary, follow-up communication and documentation of the court's response to
				  the request;
(3) where the
				  probation department is the holder of criminal court warrants for the arrest of
				  probationers,
(i) a process that ensures
				  chronological tracking of all warrants from the request for such, through
				  issuance, receipt at the department, entry into the NYS Division of Criminal
				  Justice Services (NYS DCJS) Wanted/Missing Persons file system,
				  intradepartmental chain of responsibility, execution, and, as appropriate,
				  cancellation. Such procedures shall comply with the electronic posting of
				  warrants as required by NYS DCJS and issued by the National Crime Information
				  Center (NCIC);
(ii) a process that
				  ensures the timely entry of warrants and removal of warrants from the NYS DCJS
				  Wanted/Missing Persons file system in a manner that complies with the
				  electronic posting of warrants as required by NYS DCJS and NCIC, and the
				  updating of information in the NYS DCJS Integrated Probation Registrant System
				  (IPRS).
(4) Where other
				  law enforcement agencies enter and hold warrants for the arrest of
				  probationers, the local director shall establish written policies that clearly
				  delineate the department's responsibility as to the issuance, tracking,
				  execution, and cancellation of warrants for the arrest of probationers. This
				  policy shall not inhibit the entering/holding agency's ability to comply with
				  the electronic posting of warrants as required by NYS DCJS and
				  NCIC.
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 352.9 - Supervision during a violation proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
The probation department shall continue supervision of the
					 probationer in a manner commensurate with the risk and needs of the probationer
					 and public safety during the pendency of a violation of probation
					 proceeding.
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 352.10 - Notification of court upon probationer's failure to complete alcohol or substance abuse treatment program

Current through Register Vol. 46, No. 28, July 10, 2024
Where a criminal court probationer ceases to participate in
					 or is unsuccessfully terminated from an alcohol or substance abuse treatment
					 program ordered as a condition of probation, the probation officer shall
					 investigate reason(s) for non-compliance and immediately notify the local
					 probation director or his designee. Each director shall, within ninety (90)
					 business days, report the cessation or termination to the court, unless the
					 probationer has resumed participation in an alcohol or substance abuse program
					 with the approval of the director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 353 - Financial Obligations › Section 353.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Financial
				  obligations shall include but not be limited to restitution, administrative
				  fees, fines, mandatory surcharges and designated surcharges.
(b) Undisbursed restitution payments shall
				  mean payments which have been remitted and are to be disbursed to an intended
				  beneficiary, but have gone unclaimed for a period of one year because the
				  location of the intended beneficiary cannot be ascertained after using
				  reasonable efforts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 353 - Financial Obligations › Section 353.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure that collection and disbursement of financial
					 obligations are in accordance with legal requirements and acceptable accounting
					 procedures and to promote offender accountability and victim
					 compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 353 - Financial Obligations › Section 353.3 - Rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local
				  probation director shall be responsible for ensuring that his or her respective
				  probation department adheres to the accounting procedures for probation
				  departments issued by the Office of the State Comptroller with respect to
				  handling of all financial obligations which the department collects or similar
				  procedures which establish a system of controls to guarantee accurate and
				  timely collection and disbursement of financial obligations.
(b) Every local probation department shall
				  ensure that all financial obligations are promptly disbursed to intended
				  beneficiaries or paid over to appropriate county officials, and reported to
				  State and/or local officials consistent with any timeframes established in law,
				  by court order or release conditions. Information relating to financial
				  obligations shall be reported to the Division of Probation and Correctional
				  Alternatives consistent with applicable law and as determined by the
				  division.
(c) Interest accrued and
				  any undisbursed restitution payments shall be designated for the payment of
				  restitution order that have remained unsatisfied for the longest period of
				  time. Reasonable efforts for purposes of such payments shall include initial
				  notice by mail to the address of record and contact with the United States post
				  office or telephone information service for a possible forwarding address or
				  new telephone listing. In the event that an intended beneficiary dies prior to
				  completion of the restitution, the remaining payments shall be made to the
				  estate of the deceased. Every local probation department shall establish a
				  written procedure for handling of undisbursed restitution payments, including
				  any interest earned. Unsatisfied restitution orders shall mean that the last
				  schedule payment is at least 60 calendar days overdue. A probation department
				  shall establish a current listing of unsatisfied restitution orders in order to
				  determine which crime victim has gone unsatisfied for the longest period of
				  time. Monies may be disbursed based upon month or year of the unsatisfied
				  order, and a local director shall provide for a mechanism whereby crime victims
				  receive a proportion or fixed amount of undisbursed monies and interest earned.
				  Nothing shall preclude a local probation director from disbursing monies in
				  excess of the amount of disbursement as calculated above, based upon undue
				  hardship of the victim after confirming such hardship.
(d) Repeated failure to make financial
				  obligations as required by law shall be timely reported to the appropriate
				  court, local conditional release commission, or the Board of Parole.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 354 - Intake › Section 354.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  probation intake means a generic term used to describe a function of probation
				  which provides for the rendering by probation personnel to members of the
				  community of certain preadjudicatory services in family court matters and/or
				  certain referral services, or a unit of a probation department performing such
				  function.
(b) The term intake
				  services means those services rendered by a probation department which include
				  a case review and an evaluation thereof, and which in certain cases include the
				  effecting of an adjustment without the necessity of intervention by the Family
				  Court through conciliation, counseling and other means, and/or referring
				  certain cases to court, or referring individuals to other agencies or persons
				  where appropriate. Intake services include preliminary probation procedures,
				  child-support and paternity referral services, and services rendered by court
				  order.
(c) The term preliminary
				  probation procedure means those intake services defined by The Family Court Act
				  and uniform Family Court rules which authorize probation intake to:
(1) confer with potential petitioners,
				  potential respondents and other interested persons about the advisability of
				  filing a petition including the modification or enforcement of a court order;
				  and
(2) attempt to aid in the
				  adjustment of complaints in suitable cases, without the necessity of court
				  intervention but with the voluntary concurrence of the potential petitioner,
				  and the potential respondent in 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 354 - Intake › Section 354.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To regulate the
				  provision of intake services in order that suitable cases are resolved
				  nonjudicially and all others are either immediately referred for petition for
				  court intervention, or referred to other agencies where appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 354 - Intake › Section 354.3 - Applicability and rationale

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  This Part is applicable to all intake services rendered by probation
				  departments in matters of the Family Court, regardless of nomenclature assigned
				  by a probation department to such services.
(b) The rationale for this Part is as
				  follows:
(1) Intake services are rendered in
				  Family Court support proceedings, family offense and marital conciliation
				  matters pursuant to statute. In addition, the Family Court, by court order, has
				  required the rendering of intake services in other matters which are not
				  otherwise statutorily mandated.
(2)
				  Specifying criteria for intake decisionmaking serves to facilitate uniformity
				  in decisionmaking.
(3) Specifying
				  procedures for intake decisionmaking serves to expedite decisions made and,
				  therefore, the processing of 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 354 - Intake › Section 354.4 - General requirements for intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General requirements for all intake
				  services.
(1) Probation intake shall be
				  established and maintained by a probation director in each probation department
				  pursuant to the provisions of the Executive Law, The Family Court Act, uniform
				  Family Court rules, court order, rules and regulations herein, and other laws,
				  rules and regulations.
(2) The
				  probation director shall provide for, adopt and disseminate to probation
				  intake, written procedures for the rendering of all intake services, shall
				  review such procedures at least annually to ensure that they are current with
				  existing law and local probation practice, and shall conform such procedures
				  thereto as may be required from time to time.
(3) The probation director shall ensure that
				  all such procedures so adopted for probation intake comply with all applicable
				  laws, rules, regulations and court orders.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 354 - Intake › Section 354.5 - Preliminary probation procedures at intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Criterion for determining a suitable
				  case.
(1) A suitable case shall meet all the
				  following conditions:
(i) probation intake
				  determines that the case is in the apparent jurisdiction of the Family
				  Court;
(ii) probation intake
				  advises the persons seeking to originate the court proceeding that a petition
				  may be filed any time prior to or during the adjustment period;
(iii) the potential petitioner, the potential
				  respondent and other interested persons, including the victim or injured
				  person, if made a part of the adjustment process, all understand that such
				  process and any agreement derived therein is entirely voluntary and such
				  persons agree to proceed with the adjustment process;
(iv) it appears to probation intake that the
				  case can be adjusted within the time periods required by The Family Court Act
				  and the uniform Family Court rules;
(v) all circumstances in determining whether
				  or not the case is suitable for adjustment under the provisions of The Family
				  Court Act and the uniform Family Court rules have been considered;
				  and
(vi) The Family Court Act, the
				  uniform Family Court rules, a court order, or this Part do not exclude the case
				  from an adjustment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 354 - Intake › Section 354.6 - Case closing requirements and criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cases referred to probation intake for
				  preliminary probation procedures shall be closed in accordance with the
				  below-listed criteria:
(1) A case where the
				  adjustment process was not commenced and which was excluded from any
				  opportunity for adjustment and referred for petition, shall be closed with the
				  designation "referred for petition immediately".
(2) A case in which a potential petitioner
				  failed to pursue the complaint or withdrew the complaint, for any reason,
				  either before the commencement of the adjustment process or during such
				  process, shall be closed with the designation "terminated matter not pursued
				  and not referred for petition". A case in this category includes, but is not
				  limited to, situations where a potential respondent is either unavailable or
				  declines to participate in the adjustment process and the potential
				  petitioner's determination to withdraw the complaint or not pursue it is based
				  upon such availability or declining to participate.
(3) A case in which the satisfactory
				  resolution of the complaint was derived without court intervention shall be
				  closed with the designation "adjusted".
(4) A case in which the resolution of the
				  complaint did not occur because, after the commencement of the adjustment
				  process, the potential petitioner filed a petition, or the adjustment process
				  was incomplete or unsuccessful and the potential petitioner was notified that a
				  petition may be filed, shall be closed with the designation "terminated without
				  adjustment and referred for petition".
(5) A case in which a potential petitioner
				  seeking relief in a family offense proceeding wishes to commence a criminal
				  proceeding and that person is referred to the proper official for the filing of
				  an accusatory instrument shall be closed with the designation "referred to
				  criminal 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 354 - Intake › Section 354.7 - Case recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to complying with Part 348 of
				  this Chapter, case records shall comply with the below-listed requirements:
(1) A record shall be maintained on all
				  suitable cases which have been excluded from any opportunity for adjustment and
				  referred for petition immediately. In all cases, the record shall include the
				  article of the Family Court Act under which the case arises, the exclusionary
				  criteria utilized and rationale for exclusion, the date the case was closed,
				  and a statement that the case was referred for petition immediately. In cases
				  where the basis for the referral for petition immediately was not an insistence
				  upon access to the court, the record shall also include a description of the
				  complaint in the case.
(2) The
				  records of cases, terminated matter not pursued, and Family Court article 8
				  cases referred to Criminal Court shall, at least, include a statement as to the
				  circumstances which precluded the commencement or continuation of the
				  adjustment process.
(3) The records
				  of cases which are not referred for petition immediately or are not terminated
				  matter not pursued shall include the below-listed information:
(i) a description of the complaint in the
				  case and the article of The Family Court Act under which a petition may be
				  filed;
(ii) information to the
				  effect that the potential petitioner and the potential respondent were advised
				  of their rights and of the limits of the adjustment process as specified in the
				  Family Court Act, the Uniform Family Court Rules and this Part.
(iii) information to the effect that the
				  participation in the adjustment process by the potential petitioner and the
				  potential respondent, as well as any other person made a part of the adjustment
				  process, is voluntary;
(iv) a
				  summary of key decisions, actions and services taken by those persons made a
				  part of the adjustment process and probation intake; and
(v) a closing summary which shall include as
				  a minimum the date the adjustment period commenced and the date the case was
				  closed, together with a statement that the case was closed as adjusted or
				  closed as terminated without adjustment and referred for petition. It shall
				  also include the rationale for the final action in 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 354 - Intake › Section 354.8 - Procedures for child support and paternity referral services at intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Probation
				  intake shall provide for and render child support and establishment of
				  paternity referral services pursuant to section 256 (6)(a)  of the Executive
				  Law and, except as provided in subdivision (d) of this section, shall make an
				  immediate referral of a potential petitioner to the child support enforcement
				  unit of a local department of social services where:
(1) such potential petitioner is applying for
				  or receiving aid to dependent children assistance, as defined by the State
				  Department of Social Services, where the eligibility for such assistance is in
				  question; or
(2) where such
				  potential petitioner is not eligible for such assistance but does appear to be
				  eligible for services rendered by such child support enforcement unit and
				  wishes to utilize 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 354 - Intake › Section 354.9 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any and all
				  requests for waivers, which term shall include variances, of this Part or any
				  subdivision herein shall be made in writing, specifying with particularity
				  those provision(s) for which a waiver is sought together with the need and
				  justification therefor. All such requests shall be filed with the State
				  Director of Probation and Correctional Alternatives. The State Director of
				  Probation and Correctional Alternatives may, in his discretion, upon good cause
				  shown therefor as determined by him, permit a waiver and attach any conditions
				  thereto as he may deem appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 355 - Probation Officers As Peace Officers › Section 355.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
The term peace officer means a person designated by law who
					 is authorized to exercise peace officer powers when acting pursuant to his or
					 her special duties. Persons designated as peace officers include probation
					 officers. For purposes of the Executive Law, Criminal Procedure Law and Family
					 Court Act, probation officer trainees shall be considered probation
					 officers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 355 - Probation Officers As Peace Officers › Section 355.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
To provide and promote public protection by regulating the
					 conduct of the probation officer as a peace officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 355 - Probation Officers As Peace Officers › Section 355.3 - Requirements for policies and procedures for probation officers acting as peace officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  director of probation shall, in accordance with law, develop, implement and
				  maintain a peace officer policy in writing specifying:
(1) when such officers, acting as peace
				  officers, are to be considered performing their official duties as employees of
				  the probation department;
(2) if
				  and when such officers may use, carry or possess a firearm while on duty;
				  and
(3) when and under what
				  conditions such officers may carry out arrest, search and seizure functions and
				  execute warrants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.2 - Objective

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of Probation Services for Article 3 Juvenile
					 Delinquency matters is to provide effective screening, assessment, case
					 planning, client engagement, and where appropriate, evidence-based services to
					 youth, for the non-judicial resolution of suitable complaints. The goal of
					 these services is to address the needs of youth, reduce unnecessary reliance on
					 detention and reduce future re-arrest/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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains all requirements for the provision of
					 adjustment services by probation in matters pertaining to Juvenile Delinquency,
					 pursuant to FCA Article 3 and URFC. This Part also contains requirements for
					 the probation department to perform pre-dispositional supervision of a youth
					 alleged to be a juvenile delinquent with a case pending in Family Court, in
					 accordance with FCA and URFC.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.4 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
Juvenile delinquency matters shall originate in the county
					 in which they occurred.Where the youth resides in one county but the act(s)
					 giving rise to the presenting problem occur in another county, the complaint
					 shall be made in the county where the act(s) occurred. Adjustment matters may
					 be transferred to the county of residence. Where transferred, the receiving
					 probation department shall accept the case for consideration of adjustment
					 services. Where adjustment services are unsuccessful, the matter shall be
					 returned to the originating county for referral for petition.A court order for
					 the pre-dispositional supervision of youth is received by the probation
					 department in the jurisdiction where the act(s) occurred. If the youth resides
					 in another jurisdiction, the probation department in the jurisdiction of
					 residence shall perform pre-dispositional 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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.5 - General Requirements for Juvenile Delinquency Preliminary Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each probation
				  director shall establish and maintain preliminary procedure services for
				  juvenile delinquency matters in accordance with the provisions of the Criminal
				  Procedure Law, Executive Law, the Family Court Act, Uniform Rules for the
				  Family Court, court order, 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 preliminary procedure
				  services for juvenile delinquency matters. The policies and procedures shall
				  address, at a minimum:
(1) Role of the
				  probation officer in engaging youth and effecting behavioral change;
(2) Referral of appropriate cases to
				  community resources;
(3) Use of
				  graduated responses consistent with Part 352 titled GRADUATED
				  RESPONSES;
(4) Where another court
				  proceeding or other preliminary probation matter is pending; and
(5) Where the potential respondent is a
				  probationer or under the supervision of another 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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.6 - Probation Intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to
				  commencing eligibility and suitability determination, probation shall review
				  the complaint to determine whether it is within the scope of FCA article
				  3.
(b) Eligibility Criteria: Cases
				  within the scope of FCA article 3 shall be considered eligible for adjustment
				  services, except when one or more of the below-listed exclusionary criteria are
				  present:
(1) the potential respondent insists
				  upon accessing the presentment agency for the purpose s of having a petition
				  filed, or declines, or is unavailable to participate in the adjustment
				  process;
(2) the presentment agency
				  and the family court have not given written approval for adjustment, where such
				  approval is required by the FCA §308.1 (4);
(3) the family court has not given written
				  approval where the alleged conduct of the potential respondent would constitute
				  a designated felony act as defined by FCA §
											301.2(8), as required by FCA
				  §308.1(3); and
(4) the family court
				  has not given written approval for adjustment where the alleged conduct of the
				  potential respondent, if committed by an adult, would constitute a class A or B
				  felony which is not a designated felony act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.8 - Assessment, Case Planning, and Client Engagement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As part of adjustment services, probation
				  shall conduct risk and need assessments and utilize case planning tools and
				  protocols, as approved by the Commissioner, to:
(1) Identify youth who are at medium 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 remediate 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 criminogenic needs identified in the
				  case plan. Document the case file of the youth'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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.9 - Referral to Presentment Agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where probation refers a complaint to the
				  presentment agency, probation shall:
(1)
				  Document the reason for referral to the presentment agency, and shall include a
				  statement as to the feasibility and appropriateness for referral back to
				  probation for adjustment services. If the victim insists that the matter be
				  sent to petition for the purpose of obtaining an Order of Protection, and the
				  youth is otherwise suitable and eligible for intake and adjustment services,
				  the probation department shall advise the presentment agency of the same and
				  recommend that the court return the youth for adjustment services upon the
				  Court's consideration for issuance of the Order of Protection;
(2) Indicate the reason for the referral and
				  notify the presentment agency within 48 hours or the next court day, whichever
				  occurs later, where the adjustment process was commenced, but terminated
				  without adjustment, and the case referred to the presentment agency in
				  accordance with FCA § 308.1(10);
(3) Not transmit or otherwise communicate to
				  the presentment agency any statement made by the child to the probation
				  officer; and
(4) Not transmit any
				  statement made to probation prior to the filing of a petition, fact-finding
				  hearing, or if transferred to criminal court, at any time prior to conviction,
				  in accordance with FCA § 308.1(7).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.10 - Return from Court

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  family court orders the juvenile delinquency matter be returned for adjustment
				  services, probation shall thereafter notify the court whether the case has been
				  successfully Adjusted or Terminated without Adjustment/Referred to
				  Court.
(b) If the petition alleged
				  the commission of a designated felony act or the commission of a crime pursuant
				  to FCA § 308.1(4), probation shall make a recommendation to the court regarding
				  the suitability of adjusting the case (FCA § 320.6).
(c) Upon receipt of the court order,
				  probation shall take reasonable and prompt action to hold a conference with the
				  youth and the parent or other person legally responsible for his/her
				  care.
(d) Probation shall document
				  the case opening date as the date the youth and the parent or other person
				  legally responsible for his/her care, appear for the initial conference with
				  the Probation Officer assigned to oversee adjustment 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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.11 - Removal from Youth Part of the Superior Court to Family Court for Probation Intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  Youth Part of the Superior Court has removed a case to Family Court for
				  Probation Intake, probation shall thereafter notify the Family Court and/or
				  presentment agency whether the case has been Referred for Petition Immediately,
				  Successfully Adjusted or Terminated without Adjustment/Referred to Court, as
				  follows;
Notification/Youth Part Case Removed to Family
								  Court
for Probation Intake:
Probation Intake Closing type:
Probation Department responsible to
								  notify:
Referred for Petition Immediately
Family Court and Presentment Agency
Terminated without Adjustment; Referred for
								  Petition
Family Court and Presentment Agency
Adjusted
Family Court
(b) If the petition alleged the commission of
				  a designated felony act or the commission of a crime pursuant to FCA §
				  308.1(4), probation shall make a recommendation to the court regarding the
				  suitability of adjusting the case (FCA § 320.6).
(c) Upon receipt of the Juvenile Delinquency
				  accusatory instrument and supporting documents, probation shall take prompt
				  action to conduct an initial conference with the youth and the parent/guardian
				  per section
				  356.5(e) 
				  of this part.
(d) Upon the youth
				  and parent or other person legally responsible for his/her care agreeing to
				  participate in adjustment services, Probation shall document the case opening
				  date as the date of the Initial Conference with the Probation Officer assigned
				  to oversee adjustment 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 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.12 - Case Closing Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				  are three (3) case closing options
(1)
				  Referred for Petition Immediately: the adjustment process was not commenced due
				  to exclusionary or suitability criteria and referred to the presentment
				  agency.
(2) Adjusted: the
				  resolution of the complaint was achieved without court intervention or after
				  the court ordered return of the matter as the result of preliminary procedure.
				  This shall include cases that are resolved at the Initial Conference or after a
				  period of adjustment services.
(i) A
				  determination by probation that a case has been adjusted shall constitute
				  presumptive evidence that the complaint has been addressed and cannot be used
				  in any subsequent petition.
(ii)
				  Cases shall be considered adjusted where:
(a)
				  The potential respondent sufficiently participated in the adjustment process to
				  resolve the complaint;
(b) The
				  goals of the case plan have been addressed; and
(c) The case is closed administratively, in
				  the interests of justice.
(3) Terminated Without Adjustment and
				  Referred for Petition: the resolution of the complaint did not occur after
				  commencement of the adjustment process.
(i)
				  In accordance with URFC, probation may discontinue the adjustment process at
				  any time if:
(a) the potential respondent
				  requests that it do so; or
(b) the
				  potential respondent refuses to cooperate with the probation service or any
				  agency to which the youth or a member of the youth's family has been
				  referred.
(ii) Additional
				  considerations for discontinuance of adjustment efforts may include:
(a) the complainant insists on securing an
				  order of protection including a temporary order of protection; or
(b) the potential respondent has harassed or
				  menaced any party to the case, or is likely to continue to harass or menace any
				  party to the case where such harassing or menacing is the subject of the
				  complaint; or
(c) the potential
				  respondent may endanger or is endangering his/her or another person's physical
				  or emotional health; or
(d) it
				  appears to probation intake that the potential respondent requires extended
				  supervision, treatment or confinement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.13 - Case Record Keeping 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) Where preliminary
				  procedure was commenced, probation case records shall include the following,
				  where applicable:
(1) Documents:
(i) A copy of the complaint and date the
				  complaint was received by probation;
(ii) A copy of the family court appearance
				  ticket;
(iii) A copy of the letter
				  to complainant advising of the initiation of adjustment services;
(iv) All assessment and
				  reassessments;
(v) The initial case
				  plan, and case plan updates that flow from the reassessments;
(vi) Where the adjustment period extends
				  beyond the authorized initial period of time to adjust, a copy of the judge's
				  authorization for the requested extension;
(vii) A brief closing summary indicating date
				  of case closure and progress toward achieving case plan goals;
(viii) Copies of written notices to the
				  complainant regarding the case closing and whether the complaint has been
				  successfully resolved. Where the case was closed as terminated without
				  adjustment and referred to the presentment agency, this notice shall include a
				  statement that the complaint was forwarded to the presentment agency;
(ix) Copy of notification to the parent(s) of
				  the potential respondent or other person(s) legally responsible for his/her
				  care regarding the case closing and whether the complaint has been successfully
				  resolved or referred to the presentment agency;
(x) Copy of notification to the presentment
				  agency in all cases where the matter was terminated without adjustment and
				  referred for petition;
(xi) Copy of
				  the certification of adjustment required by the FCA to be sent to the division
				  and to the appropriate law enforcement agency (FCA§ 308.1) for cases where the
				  potential respondent's fingerprints were taken and the case was adjusted;
				  and
(xii) Copy of notification to
				  the Family Court of the final case closing designation for cases referred back
				  to probation by the family court after a petition was filed (FCA § 320.6
				).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD) › Section 356.14 - Pre-dispositional supervision in family court

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
(1) Each probation director shall establish
				  and maintain written policies and procedures for the uniform provision of
				  pre-dispositional supervision for juvenile delinquency matters, under the
				  jurisdiction of the family court, in accordance with the provisions of the FCA,
				  URFC, court order, and all other applicable laws, rules and regulations. The
				  policies and procedures shall address, at a minimum:
(i) procedures to monitor, investigate and
				  report to the family court regarding the compliance of respondents under
				  pre-dispositional supervision as ordered by the court;
(ii) timely notification to the court when a
				  youth under pre-dispositional supervision has been determined to be
				  non-compliant with the terms and conditions of release as set forth by the
				  court including orders of protection.