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 356.9 - Referral to Presentment Agency
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 356.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Where probation refers a complaint to the presentment agency, probation shall:
(1)
Document the reason for referral to the presentment agency, and shall include a
statement as to the feasibility and appropriateness for referral back to
probation for adjustment services. If the victim insists that the matter be
sent to petition for the purpose of obtaining an Order of Protection, and the
youth is otherwise suitable and eligible for intake and adjustment services,
the probation department shall advise the presentment agency of the same and
recommend that the court return the youth for adjustment services upon the
Court's consideration for issuance of the Order of Protection;
(2) Indicate the reason for the referral and
notify the presentment agency within 48 hours or the next court day, whichever
occurs later, where the adjustment process was commenced, but terminated
without adjustment, and the case referred to the presentment agency in
accordance with FCA § 308.1(10);
(3) Not transmit or otherwise communicate to
the presentment agency any statement made by the child to the probation
officer; and
(4) Not transmit any
statement made to probation prior to the filing of a petition, fact-finding
hearing, or if transferred to criminal court, at any time prior to conviction,
in accordance with FCA § 308.1(7).
(b) Probation may make a recommendation regarding adjustment and provide such information, including any arresting officer's report and the youth's record of previous adjustments and arrests as probation deems relevant, in accordance with FCA § 308.1(6).
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