The provisions of this Subpart shall apply to juvenile offenders committed to the custody of the Division for Youth who are 16 years of age or older. A juvenile offender, 16 years of age or older, may be transferred from the custody of the Division for Youth to the custody of the Department of Correctional Services when there is no substantial likelihood that the juvenile offender will benefit from the programs offered by division facilities.
N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-4.2