N.Y. Comp. Codes R. & Regs. tit. 9 § 354.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 354.6 - Case closing requirements and criteria

(a) Cases referred to probation intake for preliminary probation procedures shall be closed in accordance with the below-listed criteria:

(1) A case where the adjustment process was not commenced and which was excluded from any opportunity for adjustment and referred for petition, shall be closed with the designation "referred for petition immediately".

(2) A case in which a potential petitioner failed to pursue the complaint or withdrew the complaint, for any reason, either before the commencement of the adjustment process or during such process, shall be closed with the designation "terminated matter not pursued and not referred for petition". A case in this category includes, but is not limited to, situations where a potential respondent is either unavailable or declines to participate in the adjustment process and the potential petitioner's determination to withdraw the complaint or not pursue it is based upon such availability or declining to participate.

(3) A case in which the satisfactory resolution of the complaint was derived without court intervention shall be closed with the designation "adjusted".

(4) A case in which the resolution of the complaint did not occur because, after the commencement of the adjustment process, the potential petitioner filed a petition, or the adjustment process was incomplete or unsuccessful and the potential petitioner was notified that a petition may be filed, shall be closed with the designation "terminated without adjustment and referred for petition".

(5) A case in which a potential petitioner seeking relief in a family offense proceeding wishes to commence a criminal proceeding and that person is referred to the proper official for the filing of an accusatory instrument shall be closed with the designation "referred to criminal court".

N.Y. Comp. Codes R. & Regs. Tit. 9 § 354.6