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 351.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  absconder means a probationer who has failed to make his/her whereabouts known
				  for a period of 30 calendar days subsequent to his/her last failure to report,
				  or who has left the jurisdiction of the court without permission of the court
				  or probation officer with intent to evade supervision.
(b) The term active case means the
				  probationer is available for probation supervision and should be supervised
				  based on the results of the assessment instrument and individualized case
				  plan.
(c) The term actuarial risk
				  means the relative risk of the probationer continuing the behaviors related to
				  the presenting problem.
(d) The
				  term administrative case means the probationer is unavailable for active
				  supervision and meets the requirements of section
				  351.6(c) 
				  of this Part. Administrative case is a designation that defines the status of
				  the probationer and not the level of risk, which varies among
				  probationers.
(e) The term
				  auxiliary personnel means a qualified probation department employee, other than
				  a probation officer, designated by the local director of probation to act for
				  the probation department and who is overseen by a probation officer or
				  supervisor.
(f) The term case plan
				  means the probationer's individual plan, developed to provide services which
				  are based on a state approved actuarial risk and need assessment.
(g) The term classification means the
				  specification of the type and frequency of contact between probation officer
				  and probationer in accordance with criteria and procedures which determine the
				  required level of supervision.
(h)
				  The term conditions of probation means specific supervision requirements
				  prescribed by the court or otherwise authorized by law to assist the
				  probationer in leading a law-abiding life.
(i) The term contact means a communication
				  with or concerning the probationer, in person, by telephone, by mail, or by
				  electronic means. Specific types of contacts are as follows:
(1) The term collateral contact means a
				  contact to objectively verify information regarding the probationer with
				  someone or some source other than the probationer, including the probationer's
				  compliance with conditions of probation and progress toward achieving the case
				  plan goals. Such contacts can be in person, by mail, by telephone, or by
				  electronic means.
(2) The term
				  contact substitution means a protocol by which in-person contact and home
				  contact can be replaced for a period lasting no longer than six months in
				  duration while a juvenile delinquent or Person in Need of Supervision (PINS)
				  probationer is engaged in a community-based therapeutic or treatment program
				  that is evidence-based.
(3) The
				  term home contact means going to the probationer's home to verify residence,
				  assess living conditions, monitor probationer compliance with the conditions of
				  probation, discuss case plan, and/or address service needs.
(4) The term in-person contact means a real
				  time meeting between a probation officer and probationer where both parties are
				  in the same place at the same time.
(5) The term positive home contact means an
				  in-person meeting with a probationer in his or her home.
(6) The term probationer contact means a
				  visual contact in real time with the probationer by the probation officer or
				  other authorized personnel. Probationer contact may include contact in person
				  or through real time technology.