N.Y. Comp. Codes R. & Regs. tit. 9 § 350.10

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

Section 350.10 - Submission, transmittal, and confidentiality of probation reports

(a) Submission of probation reports. The probation director shall establish written policy and procedure to ensure that the court has sufficient time to read the report prior to court disposition/sentence and to make appropriate exceptions for disclosure purposes as follows:

(1) For all criminal cases the probation report shall be submitted to the court not less than one court day prior to sentencing except if waived by the parties.

(2) For all JD and PINS cases, the probation report shall be submitted to the court at least five court days prior to commencement of the dispositional hearing.

(3) Investigations and reports ordered by the court in designated felony act cases under Family Court Act, section 351.1(1) shall have priority over other cases arising under Family Court Act, articles 3 and 7.

(4) Where probation supervision is recommended the probation department may transmit the recommended conditions of probation supervision.

(b) Transmittal of Pre-sentence Reports to Professional Licensing Agencies. Probation departments shall accumulate and transmit, at a minimum, once every three months, a copy of all pre-sentence reports prepared in the case of defendants who are known to be licensed pursuant to Title 8 of the Education Law to the State Department of Health if the licensee is a physician, a specialist's assistant, or a physician's assistant, and to the State Education Department with respect to all other such licenses. Such reports may be submitted in hard copy or electronically, and shall contain such other information as required by Criminal Procedure Law 390.50(6)

(c) Confidentiality. Accessibility of probation reports is limited to those authorized by law or court order, and as specified in Part 348, DCJS' s Case Record Management Rule.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 350.10

Amended New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019