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
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 354.6
Current through Register Vol. 46, No. 12, March 20, 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".
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