Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Prior to commencing eligibility and suitability determination, probation shall
review the complaint to determine whether it is within the scope of FCA article
3.
(b) Eligibility Criteria: Cases
within the scope of FCA article 3 shall be considered eligible for adjustment
services, except when one or more of the below-listed exclusionary criteria are
present:
(1) the complainant seeks access to
the presentment agency for the purposes of having a petition filed (FCA §
308.1 );
(2) the potential
respondent insists upon accessing the presentment agency for the purposes of
having a petition filed, or declines, or is unavailable to participate in the
adjustment process;
(3) the
presentment agency and the family court have not given written approval for
adjustment, where such approval is required by the FCA §
308.1(4);
(4) the family court has
not given written approval where the alleged conduct of the potential
respondent would constitute a designated felony act as defined by FCA §
301.2(8),
as required by FCA § 308.1(3); and
(5) the family court has not given written
approval for adjustment where the alleged conduct of the potential respondent,
if committed by an adult, would constitute a class A or B felony which is not a
designated felony act.
(c) Suitability Criteria: In order to
determine whether the case is suitable for the adjustment process, the
probation service shall consider the provisions of the URFC §
205.22(c).
(d) Detention Cases:
(1) Coordinate local efforts for the
screening of appropriate cases for release, identifying alternative to
detention programs and services, and communication with law enforcement and the
detention agency. When a youth is detained and the facility is located outside
of the county of jurisdiction, the probation department in the jurisdiction
where the youth is detained may assist in screening the youth for consideration
for release;
(i) Determine eligibility for
probation intake and adjustment services in accordance with FCA provisions;
(ii) Make a determination as to
whether alternatives to detention are appropriate to avoid remand of a
youth;
(iii) Determine suitability
for probation intake and adjustment services in accordance with URFC
provisions;
(iv) Consider the
results of a completed state-approved detention risk assessment instrument on
the instant offense;
(2)
The fact that a youth is detained prior to the filing of a petition shall not,
where authorized, preclude the probation department from adjusting a case.
Where feasible, the probation department shall coordinate with the detention
administrator to have the youth released on an appearance ticket when screened
and determined to be eligible and suitable for adjustment services under
Article 3 of the Family Court Act unless the youth is remanded on a Family
Court order;
(3) When a youth is
released from detention before filing of a petition, and probation operates the
detention facility, the agency responsible for operating a detention facility
shall issue a Family Court Appearance Ticket to the youth and the person
legally responsible for the youth's care, in accordance with FCA §§
307.1 and 307.3(3). Such Family Court Appearance Tickets shall be issued unless
special circumstances exist which require the detention of the youth,
including:
(i) there is a substantial
probability that the youth will not appear or be produced at the appropriate
probation department at a specified time and place; or
(ii) there is a serious risk that, before the
petition is filed, the youth may commit an act which, if committed by an adult,
would constitute a crime.
(4) When a youth is being considered for
release from detention before filing of a petition, and probation does not
operate the detention facility, Probation shall:
(i) Seek the release of detained youth
eligible and suitable for Probation intake and adjustment services;
(ii) Seek the issuance of a Family Court
Appearance Ticket from the agency responsible for operating a detention
facility in accordance with FCA §§ 307.1 and 307.3(3). A Family Court
Appearance Ticket shall be issued unless special circumstances exist which
require the detention of the youth, including:
(a) there is a substantial probability that
the youth will not appear or be produced at the appropriate probation
department at a specified time and place; or
(b) there is a serious risk that, before the
petition is filed, the youth may commit an act which, if committed by an adult,
would constitute a crime.
(5) If a youth is detained or about to be
detained, and the Probation Department's initial review reveals the case may be
appropriate for release or alternative to detention, the Probation Department
shall conduct a screening interview with the alleged JD youth to determine
eligibility and suitability for adjustment services.
(a) Screening and interviewing to determine
suitability for intake and adjustment services shall take place at the earliest
possible time after arrest.
(b)
Probation shall deploy staff and services in a manner consistent with achieving
the earliest possible intervention and release.
(c) The interview should take place as soon
as possible to affect the earliest possible release decision. For youth
detained after regular business hours, such interviews shall take place within
two (2) business days of detention.
(e) Where it is determined that the complaint
is within the scope of FCA article 3, and both eligible and suitable for
adjustment services, and the complainant seeks preliminary procedure services,
probation shall conduct an initial conference and provide such services in
accordance with URFC. This shall include:
(1)
Making reasonable efforts to confer with any persons seeking to have a JD
petition filed, the potential respondent and other interested persons including
the victim or complainant, on the same day that such persons appear at the
probation department concerning the advisability of requesting that a JD
petition be filed and in order to gather information needed for a determination
of the suitability of the case for adjustment;
(2) Permitting any youth who is represented
by an attorney to be accompanied by the attorney at any preliminary
conference;
(3) Ascertaining from
the complainant pursuant to URFC, a brief statement of the underlying events
and a brief statement of factors, if known to that person that would assist the
court in determining whether the potential respondent should be detained or
released in the event that a petition is filed;
(4) Promptly informing the complainant, the
potential respondent, parent or other person legally responsible for his/her
care, or any other interested person(s) at the first conference regarding the
petition and Family Court processes as set forth in the URFC and explain the
benefits of probation intake and adjustment and the services that may be made
available to address the needs of the youth, as compared to proceeding directly
to petition; and
(5) For youth
determined to be eligible and suitable for adjustment services, the probation
department may conduct a pre-screen assessment at the Initial Intake Conference
using a state approved, risk and need assessment instrument that measures the
risk of recidivism. This assessment may be completed by a Probation Assistant,
Probation Officer, or an employee of the Probation department specially trained
and approved by the Probation Director, and under the direct oversight and
review by a Probation Supervisor.
(6) Informing the complainant where it
appears to probation that the court would not have jurisdiction over the case,
and such case is thereby excluded from any opportunity for adjustment. In such
instances, the JD complaint filed may be referred to a presentment agency for
the purpose of requesting that a petition be filed with the court. The reason
for excluding the complaint for consideration for adjustment shall be
documented in the case record. The record shall contain all required
documentation, including a statement of the grounds for not commencing
adjustment, and a copy of the written notification to the complainant, pursuant
to URFC.