N.Y. Comp. Codes R. & Regs. tit. 22 § 205.23

Current through Register Vol. 46, No. 16, April 17, 2024

Section 205.23 - Duties of the probation service and procedures relating to the adjustment process (juvenile delinquency)

(a) Upon a determination by the probation service that a case is suitable for the adjustment process, it shall include in the process the potential respondent and any other persons listed in section 205.22(a) of this Part who wish to participate therein. The probation service shall permit any participant who is represented by a lawyer to be accompanied by the lawyer at any conference.

(b) If an extension of the period of the adjustment process is sought, the probation service shall apply in writing to the court and shall set forth the services rendered to the potential respondent, the date of commencement of those services, the degree of success achieved, the services proposed to be rendered and a statement by the assigned probation officer that, in the judgment of such person, the matter will not be successfully adjusted unless an extension is granted.

(c) The probation service may discontinue the adjustment process if, at any time:

(1) the potential respondent or the person seeking to have a juvenile delinquency petition filed requests that it do so; or

(2) the potential respondent refuses to cooperate with the probation service or any agency to which the potential respondent or a member of his or her family has been referred.

(d) If the adjustment process is not successfully concluded, the probation service shall notify all the persons who participated therein in writing:

(1) that the adjustment process has not been successfully concluded;

(2) that the appropriate presentment agency will be notified within 48 hours or the next court day, whichever occurs later; and

(3) that access may be had to the presentment agency to request that a petition be filed;

and, in addition to the above, shall notify the potential respondent in writing of the reasons therefor.

(e) The case record of the probation service required to be kept pursuant to section 243 of the Executive Law and the regulations promulgated thereunder shall contain a statement of the grounds upon which:

(1) the adjustment process was commenced but was not successfully concluded; or

(2) the adjustment process was commenced and successfully concluded.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.23