N.Y. Comp. Codes R. & Regs. tit. 9 § 356.9

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

Section 356.9 - Referral to Presentment Agency

(a) Where probation refers a complaint to the presentment agency, probation shall:

(1) Document the reason for referral to the presentment agency, and shall include a statement as to the feasibility and appropriateness for referral back to probation for adjustment services. If the victim insists that the matter be sent to petition for the purpose of obtaining an Order of Protection, and the youth is otherwise suitable and eligible for intake and adjustment services, the probation department shall advise the presentment agency of the same and recommend that the court return the youth for adjustment services upon the Court's consideration for issuance of the Order of Protection;

(2) Indicate the reason for the referral and notify the presentment agency within 48 hours or the next court day, whichever occurs later, where the adjustment process was commenced, but terminated without adjustment, and the case referred to the presentment agency in accordance with FCA § 308.1(10);

(3) Not transmit or otherwise communicate to the presentment agency any statement made by the child to the probation officer; and

(4) Not transmit any statement made to probation prior to the filing of a petition, fact-finding hearing, or if transferred to criminal court, at any time prior to conviction, in accordance with FCA § 308.1(7).

(b) Probation may make a recommendation regarding adjustment and provide such information, including any arresting officer's report and the youth's record of previous adjustments and arrests as probation deems relevant, in accordance with FCA § 308.1(6).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 356.9

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