Current through Register Vol. 46, No. 39, September 25, 2024
(a)
The probation service shall conduct preliminary conferences with any person
seeking to have a juvenile delinquency petition filed, the potential respondent
and other interested persons, including the complainant or victim, on the same
day that such persons appear at a probation service pursuant to section
305.2
(4)(a),
307.1 or
320.6 of the
Family Court Act, concerning the advisability of requesting that a juvenile
delinquency petition be filed and in order to gather information needed for a
determination of the suitability of the case for adjustment. The probation
service shall permit any participant who is represented by a lawyer to be
accompanied by the lawyer at any preliminary conference.
(b) During the preliminary
probation conferences, the probation service shall ascertain, from the person
seeking to have a juvenile delinquency petition filed, a brief statement of the
underlying events and, if known to that person, a brief statement of factors
that would be of assistance to the court in determining whether the potential
respondent should be detained or released in the event that a petition is
filed.
(c) In order to
determine whether the case is suitable for the adjustment process, the
probation service shall consider the following circumstances, among others:
(1) the age of the potential
respondent; and
(2)
whether the conduct of the potential respondent allegedly involved:
(i) an act or acts causing or
threatening to cause death, substantial pain or serious physical injury to
another;
(ii) the use
or knowing possession of a dangerous instrument or deadly weapon;
(iii) the use or threatened use
of violence to compel a person to engage in sexual intercourse, deviant sexual
intercourse or sexual contact;
(iv) the use or threatened use of
violence to obtain property;
(v) the use or threatened use of deadly
physical force with the intent to restrain the liberty of another;
(vi) the intentional starting of
a fire or the causing of an explosion which resulted in damage to a
building;
(vii) a
serious risk to the welfare and safety of the community; or
(viii) an act which seriously
endangered the safety of the potential respondent or another person;
(3) whether there is
a substantial likelihood that a potential respondent will not appear at
scheduled conferences with the probation service or with an agency to which he
or she may be referred;
(4) whether there is a substantial
likelihood that the potential respondent will not participate in or cooperate
with the adjustment process;
(5) whether there is a substantial
likelihood that, in order to adjust the case successfully, the potential
respondent would require services that could not be administered effectively in
less than four months;
(6) whether there is a substantial
likelihood that the potential respondent will, during the adjustment process:
(i) commit an act which, if
committed by an adult, would be a crime; or
(ii) engage in conduct that endangers the
physical or emotional health of the potential respondent or a member of the
potential respondent's family or household; or
(iii) harass or menace the complainant,
victim or person seeking to have a juvenile delinquency petition filed, or a
member of that person's family or household, where demonstrated by prior
conduct or threats;
(7) whether there is pending another
proceeding to determine whether the potential respondent is a person in need of
supervision, a juvenile delinquent or a juvenile offender;
(8) whether there have been
prior adjustments or adjournments in contemplation of dismissal in other
juvenile delinquency proceedings;
(9) whether there has been a prior
adjudication of the potential respondent as a juvenile delinquent or juvenile
offender;
(10) whether
there is a substantial likelihood that the adjustment process would not be
successful unless the potential respondent is temporarily removed from his or
her home and that such removal could not be accomplished without invoking the
court process; and
(11) whether a proceeding has been or
will be instituted against another person for acting jointly with the potential
respondent.
(d) At the first appearance at a
conference by each of the persons listed in subdivision (a) of this section,
the probation service shall inform such person concerning the function and
limitations of, and the alternatives to, the adjustment process, and that:
(1) he or she has the right to
participate in the adjustment process;
(2) the probation service is not
authorized to and cannot compel any person to appear at any conference, produce
any papers or visit any place;
(3) the person seeking to have a juvenile
delinquency petition filed is entitled to have access to the appropriate
presentment agency at any time for the purpose of requesting that a petition be
filed under article 3 of the Family Court Act;
(4) the adjustment process may continue
for a period of two months and may be extended for an additional two months
upon written application to the court and approval thereof;
(5) statements made to the
probation service are subject to the confidentiality provisions contained in
section
308.1 (6) and
(7) of the Family Court Act; and
(6) if the adjustment process is
commenced but is not successfully concluded, the persons participating therein
may be notified orally or in writing of that fact and that the case will be
referred to the appropriate presentment agency; oral notification will be
confirmed in writing.
(e) If the adjustment process is not
commenced:
(1) the record of the
probation service shall contain a statement of the grounds therefor;
and
(2) the probation
service shall give written notice to the persons listed in subdivision (a) of
this section who have appeared that:
(i) the adjustment process will not be
commenced;
(ii) the
case will be referred to the appropriate presentment agency; and
(iii) they are entitled to have
access to the presentment agency for the purpose of requesting that a petition
be filed under article 3 of the Family Court Act.
