N.Y. Comp. Codes R. & Regs. tit. 9 § 352.4

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

Section 352.4 - Graduated Responses

(a) The local probation director shall establish and disseminate to departmental staff a written policy and procedure with respect to the use of incentives to reinforce pro-social behavior and interventions, services and/or sanctions to address non-compliant behaviors. The policy shall be consistent with public safety and effective supervision strategies for determining the appropriate course of action, and the timeframes within which to take those actions. These policies shall provide for:

(1) early notification to the individual, and parent/guardian where appropriate, of the probation department's application of incentives, interventions and sanctions to encourage pro-social behavior; and

(2) consideration as to which incentives and interventions may be suitable and support the probationer's behavioral change and compliance with conditions; and

(3) consideration as to which sanctions such as additional interventions, intensifying the level of supervision, reprimands by department administrative officials, changes in service providers, and/or greater restrictions on movement can be imposed administratively by the department, while reducing the need for formal court intervention; and

(4) consideration of the probationer's history of non-compliance with the terms and conditions of the current disposition, gravity of the non-compliant behaviors, dangerousness to self and/or others, and other case specific circumstances; and

(5) consideration, if a Violation of Probation Petition and Report is being prepared, as to the feasibility and advisability of:

(i) continuing the probation sentence or disposition with or without modification;

(ii) extending the probation term as provided by law;

(iii) when revocation of the probation sentence is recommended, whether to propose a sentence of imprisonment coupled with probation as authorized by law, where the original sentence of probation contained no condition of imprisonment; or

(iv) when revocation of the probation sentence or disposition is recommended, whether to propose an alternate dispositional option.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 352.4

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