New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 359 - Role of Probation in Youth Part of the Superior Court › Section 359.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  Adolescent Offender means a person charged with a felony committed on or after
				  October first, two thousand eighteen, when he or she was sixteen years of age
				  or on or after October first, two thousand nineteen, when he or she was
				  seventeen years of age.
(b) The
				  term Alternative to Detention means a court-ordered, community-based service in
				  lieu of detention including but not limited to electronic monitoring, intensive
				  case management, respite, and release under supervision.
(c) The term commissioner shall mean the
				  Commissioner of the Division of Criminal Justice Services.
(d) The term evidence-based services mean an
				  intervention that has been shown in research to be associated with positive
				  outcomes.
(e) The term Initial
				  Interview refers to the meeting within which Probation staff convenes the
				  youth, parent or other person legally responsible for his/her care if
				  available, legal counsel, and other permissible parties, for the purposes of
				  commencing Voluntary Assessment and Case Planning services.
(f) The term Juvenile Offender means a person
				  thirteen, fourteen or fifteen years of age criminally responsible for certain
				  acts as defined in section 1.20(42)  of the penal law.
(g) The term Notice of Agreement for
				  Voluntary Assessment and Case Planning Services refers to the document signed
				  by a defendant/youth consenting to the commencement of services and
				  interventions as identified in the case plan, while a criminal case is pending
				  in Youth Part.
(h) The term
				  protective factor means certain strengths or assets that have been demonstrated
				  by research to reduce risk of negative outcomes.
(i) The term risk factor means a specific
				  area of influence that increases the likelihood that a youth will engage in
				  delinquent behavior. Risk factors may be static (cannot be changed) or dynamic
				  (can be changed). The major risk factors are personal attitudes/values/beliefs
				  supportive of crime, pro-delinquent associates and isolation from pro-social
				  associates, temperament and personality factors, history of antisocial behavior
				  from a young age, dynamic family factors, and low levels of personal
				  educational, vocational or financial achievement.
(j) The term risk and needs assessment means
				  a validated protocol approved by the Commissioner to assess the youth's risk of
				  re-arrest/recidivism and identify needs.
(k) The term Youth Part File refers to the
				  records held by the Court specific to the alleged offense(s) committed by the
				  youth with such criminal matter(s) pending in Youth Part. This file is provided
				  to probation for purposes of initiating Voluntary Assessment and Case Planning
				  Services including, but not limited to all accusatory documents, Superior Court
				  Information, Orders of Protection, and victim statements.