N.Y. Comp. Codes R. & Regs. tit. 9 § 351.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 351.1 - Definitions

(a) The term absconder means a probationer who has failed to make his/her whereabouts known for a period of 30 calendar days subsequent to his/her last failure to report, or who has left the jurisdiction of the court without permission of the court or probation officer with intent to evade supervision.

(b) The term active case means the probationer is available for probation supervision and should be supervised based on the results of the assessment instrument and individualized case plan.

(c) The term actuarial risk means the relative risk of the probationer continuing the behaviors related to the presenting problem.

(d) The term administrative case means the probationer is unavailable for active supervision and meets the requirements of section 351.6(c) of this Part. Administrative case is a designation that defines the status of the probationer and not the level of risk, which varies among probationers.

(e) The term auxiliary personnel means a qualified probation department employee, other than a probation officer, designated by the local director of probation to act for the probation department and who is overseen by a probation officer or supervisor.

(f) The term case plan means the probationer's individual plan, developed to provide services which are based on a state approved actuarial risk and need assessment.

(g) The term classification means the specification of the type and frequency of contact between probation officer and probationer in accordance with criteria and procedures which determine the required level of supervision.

(h) The term conditions of probation means specific supervision requirements prescribed by the court or otherwise authorized by law to assist the probationer in leading a law-abiding life.

(i) The term contact means a communication with or concerning the probationer, in person, by telephone, by mail, or by electronic means. Specific types of contacts are as follows:

(1) The term collateral contact means a contact to objectively verify information regarding the probationer with someone or some source other than the probationer, including the probationer's compliance with conditions of probation and progress toward achieving the case plan goals. Such contacts can be in person, by mail, by telephone, or by electronic means.

(2) The term contact substitution means a protocol by which in-person contact and home contact can be replaced for a period lasting no longer than six months in duration while a juvenile delinquent or Person in Need of Supervision (PINS) probationer is engaged in a community-based therapeutic or treatment program that is evidence-based.

(3) The term home contact means going to the probationer's home to verify residence, assess living conditions, monitor probationer compliance with the conditions of probation, discuss case plan, and/or address service needs.

(4) The term in-person contact means a real time meeting between a probation officer and probationer where both parties are in the same place at the same time.

(5) The term positive home contact means an in-person meeting with a probationer in his or her home.

(6) The term probationer contact means a visual contact in real time with the probationer by the probation officer or other authorized personnel. Probationer contact may include contact in person or through real time technology.

(j) The term criminogenic needs means risk factors linked to criminal behaviors that are the appropriate targets for intervention, which include but are not limited to criminal thinking/attitudes, criminal associates, personality, family, substance abuse, mental health, social issues, school, aggression/violence, skills, and/or employment/free time.

(k) The term differential supervision means a system whereby probationers are classified based on risk level pursuant to specific criteria, and assigned to one of the levels of supervision.

(l) The term disposition means the formal resolution of a case by a court.

(m) The term educational achievement means measurable progress or achievement in academic or vocational disciplines.

(n) The term employment retention means sustained and measurable work on either a part- time or full-time basis.

(o) The term evidence-based practice means a practice that is demonstrated through data-supported research and evaluation to be effective in producing the desired outcome.

(p) The term graduated sanctions means a system of progressive responses used to address the probationer's continued non-compliance.

(q) The term incentive means positive reinforcement or rewards for continued probationer compliance and/or improvement.

(r) The term initial interview means the first interview for supervision purposes between the probation department and the probationer, at which time the conditions of probation are reviewed and acknowledged. The risk assessment and/or case planning process can be commenced at this time.

(s) The term interim probation supervision means the management of an offender pursuant to Criminal Procedure Law sections 216.05(10) and/or 390.30(6) where a court adjourns sentencing and permits the defendant to remain in the community under conditions specified by the court and to be supervised by a probation department.

(t) The term merit credit means a protocol by which greatest risk, high risk or medium risk probationers, who are in compliance with their conditions of probation and achieving their case plan goals, may be considered for a reduction in contacts by their probation officer, or eligible for other forms of incentives as determined by local probation departments. Merit credits reflect sustained and measurable achievement and must be documented in the case file.

(u) The term merit credit activities means victim restoration measures, employment retention, educational achievement, sustained program participation, program completion, or pro-social community activities. Merit credit activities are directly related to the probationer's identified criminogenic needs, conditions of probation and case plan.

(v) The term placed on probation means a disposition imposed by a family court which permits the probationer to remain in the community under conditions specified by such court and to be supervised by a probation department.

(w) The term probationer means an individual placed on probation, who has received a probation sentence, or who is subject to interim probation supervision.

(x) The term probation sentence means a sentence imposed by a criminal court which permits the probationer to remain in the community under conditions specified by such court and to be supervised by a probation department.

(y) The term program completion means the probationer has completed all of the program requirements.

(z) The term pro-social community activities means positive engagement of the probationer that contributes to his or her reduced risk of recidivism. Examples of pro-social community activities include, but are not limited to, documented involvement in leadership roles and/or meaningful participation in clubs, cultural groups, religious activities, athletics, or hobbies.

(aa) The term protective factor means a certain strength or asset that has been demonstrated by research to reduce risk of negative outcomes.

(ab) The term risk and need assessment means the use of a state approved, validated actuarial instrument and recommended protocol to screen and assess the probationer's risk of recidivism.

(ac) The term risk management means the utilization of accountability measures, including graduated sanctions in probation supervision. In risk management, the probation officer is watchful of signs that the probationer is demonstrating non-compliance or other high-risk behaviors and responds by imposing graduated responses.

(ad) The term risk reduction means providing direction, support, and services to the probationer that will facilitate a change in the factors that contribute to unlawful behavior. This helps lead the probationer to new patterns of thinking, feeling and behaving that sustain a law-abiding lifestyle.

(ae) The term service provider means any agency, organization or individual licensed, certified, or regulated by law that provides services to the probationer in accordance with the probationer's needs.

(af) The term specialized assessment means a state approved, validated actuarial instrument and recommended protocol to screen and assess a specific area of concern in terms of recidivism. Examples include substance abuse, mental health, domestic violence, or sexual offending.

(ag) The term stabilization period means the first three months of juvenile probation supervision and three-six months of adult probation supervision as a greatest risk or high risk probationer during which the probationer is assessed for compliance with the conditions of probation and the case plan.

(ah) The term State approved means approved by the NYS Division of Criminal Justice Services (DCJS).

(ai) The term supervision means the sum of activities of a probation officer(s) or other authorized personnel with a probationer during the term of probation or interim probation supervision. Supervision shall include, but is not limited to, contact with the probationer and appropriate collateral and home contacts; probationer participation in services as indicated by the assessment and case plan; the enforcement of law, conditions of probation, and court orders for the promotion of public safety and probationer accountability; the reduction of recidivism through positive probationer behavioral change; and the restoration of victims.

(aj) The term sustained program participation means the probationer has consistently attended and meaningfully participated in programs approved by the department, and has made measurable progress in meeting program requirements.

(ak) The term technology means an automated device or system, software, or other technological application authorized for use by the probation department which can record or transmit specific information, verify probationer identity, facilitate probationer-probation officer communication, and/or notify the probation officer or probation department of compliance with the order and conditions of probation.

(al) The term victim restoration measures means the activities undertaken by the probationer for the victim's well-being.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 351.1