New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter I - ADMINISTRATION OF PROBATION
Part 356 - Probation Services for Article 3 Juvenile Delinquency (JD)
Section 356.5 - General Requirements for Juvenile Delinquency Preliminary Procedure

(a) Each probation director shall establish and maintain preliminary procedure services for juvenile delinquency matters in accordance with the provisions of the Criminal Procedure Law, Executive Law, the Family Court Act, Uniform Rules for the Family Court, court order, and all other applicable laws, rules and regulations.

(b) The probation director shall develop, adopt, and disseminate to departmental staff written policies and procedures for the uniform provision of preliminary procedure services for JD matters. The policies and procedures shall address, at a minimum:

(c) Probation shall review complaints to determine eligibility and suitability for adjustment services. Where a case is deemed eligible and suitable for adjustment, probation shall make reasonable efforts at provision of intake and adjustment services, including screening and assessment. Such reasonable efforts shall:

(d) As part of initial conferencing with the potential respondent, parent or other person legally responsible for his/her care or any other interested person(s), the probation service shall inform such persons regarding the petition and Family Court processes as set forth in the URFC and explain the benefits of the youth engaging in and successfully completing adjustment services where the youth is eligible and suitable.

(e) The appearance ticket date at probation must be within fourteen (14) calendar days of issuance of the appearance ticket, except in cases involving a designated felony, in which case the return date shall be within 72 hours excluding Saturdays, Sundays, and public holidays. For youth removed from the Youth Part to Family Court for intake/adjustment services under Article 3 of the Family Court Act, the probation department shall conduct the initial conference within eight (8) business days of notification/receipt of the complaint.

(f) If the youth fails to appear at probation on the return date, probation may refer the matter directly to the presentment agency, or, in its discretion, may attempt to secure the attendance of the youth through written notification or telephone communication to the youth and parent/guardian, in accordance with FCA § 307.2(1).

(g) If the complainant does not appear on the return date, probation may, in its discretion, attempt to secure voluntary attendance, in accordance with FCA § 307.2(2). Probation efforts to communicate with the complainant, whether by phone, in writing, or in person shall provide the complainant an opportunity to:

(h) Efforts to secure the attendance of the youth or voluntary attendance of the complainant shall not extend beyond seven days subsequent to the appearance ticket return date, and the probation service shall refer the matter to the appropriate presentment agency within such period, in accordance with FCA §§ 307.2(1) and 307.2(2).

(i) All youth who are deemed eligible and suitable for adjustment services shall be screened to determine the future risk of recidivism.

(j) Probation may conduct detention screening of appropriate cases to determine the risk of flight and the risk of committing a new offense pending disposition of the current matter.

(k) Probation may conduct relevant criminal history checks, as needed and appropriate, according to the policy of the division.

(l) Screening and assessment conducted by probation for diversion, investigation, or supervision purposes shall be done using state-approved risk and need assessment instruments.