N.Y. Comp. Codes R. & Regs. tit. 22 § 205.72

Current through Register Vol. 46, No. 50, December 11, 2024

Section 205.72 - Duties of the probation service and procedures relating to the adjustment process (family offenses)

(a) If the assistance of the probation service is requested by the person seeking to file a family offense petition, the adjustment process shall commence within seven days from the request. The probation service shall permit any participant who is represented by a lawyer to be accompanied at any conference by the lawyer, who shall be identified by the probation officer to the other party, and shall not discourage any person from seeking to file a petition.

(b) If an extension of the period of the adjustment process is sought, the probation service shall, with the written consent of the person seeking to file a family offense petition, apply in writing to the court and shall set forth the services rendered, 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 there is no imminent risk that, if an extension of the period is granted, the potential respondent will, during the extended period of adjustment, endanger the health or safety of the person seeking to file a family offense petition or any other member of the same family or household, and the facts upon which the opinion is based; and that the matter will not be successfully adjusted unless an extension is granted.

(c) The probation service shall discontinue its efforts at adjustment if, at any time:

(1) the person seeking to file a family offense petition or the potential respondent requests that it do so; or

(2) it appears to the probation service that:

(i) there is no reasonable likelihood that a cessation of the conduct forming the basis of the family offense complaint will result; or

(ii) there is an imminent risk that the potential respondent will inflict or threaten to inflict physical injury upon the person seeking to file a family offense petition or upon any other member of the same family or household; or

(iii) the potential respondent has inflicted or threatened to inflict physical injury on the person seeking to file a family offense petition or any other member of the same family or household since efforts at adjustment began.

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

(1) that the adjustment process has not been successfully concluded, and the reasons therefor; and

(2) that the person seeking to file a family offense petition is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for the cessation of the conduct forming the basis of the family offense complaint:

(1) it shall be reduced to writing by the probation service, shall be signed by both parties to it, and shall be submitted to the court, together with a petition for approval of the agreement and a proposed order incorporating the agreement; and

(2) if the agreement is approved by the court, a copy of the order shall be furnished by the probation service to the person seeking to file a family offense petition and the potential respondent, in person if they are present, and by mail if their presence has been dispensed with by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.72