New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 175 - Transfers
Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities
Section 175-2.3 - Notice and assistance to juvenile delinquent in a transfer hearing
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 175-2.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The director of the school or center shall prepare, in a simple but complete manner, a written notice of the charges setting forth the grounds upon which the transfer is sought. The juvenile delinquent shall be provided with a copy of the notice of the charges at least 48 hours prior to the transfer hearing by the coordinator of his residential unit.
(b) In order to prepare for his hearing, the juvenile delinquent is entitled to the assistance of a representative and shall be so informed.
(1) A list of at least three available
representatives shall be prepared by the division's counsel's office. The list
shall consist of Division for Youth ombudsmen and other division legal staff,
and shall always include the school's or center's ombudsman. If the juvenile
delinquent wishes to select his representative, he shall be entitled to do so;
if he refuses to do so, then the counsel's office shall appoint a
representative from the prepared list for him.
(2) The juvenile delinquent's representative
shall:
(i) meet with the juvenile delinquent
as soon as possible to discuss the charges. If a juvenile delinquent under 16
years of age is charged with any act which would be a crime if committed by an
adult, or if he is over 16 and is charged with any violation of law, he shall
be advised of his privilege against self-incrimination;
(ii) meet with any persons whom the juvenile
delinquent wishes to call as witnesses and arrange for these people to appear
at the hearing if he believes that their testimony would be helpful;
(iii) examine the juvenile delinquent's
record and determine if any of its contents are relevant to the juvenile
delinquent's defense. The youth's representative shall be given a copy of all
documentary evidence which the school or center intends to introduce at the
hearing at the time he is notified of his appointment as representative, or as
soon as practicable thereafter; but, in no event shall he be given said
documents less than 48 hours prior to the hearing.
(3) The Division for Youth's Counsel's Office
shall provide training to staff members who will act as youth representatives
at transfer hearings.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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