N.Y. Comp. Codes R. & Regs. tit. 9 § 359.1

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

Section 359.1 - Definitions

(a) The term Adolescent Offender means a person charged with a felony committed on or after October first, two thousand eighteen, when he or she was sixteen years of age or on or after October first, two thousand nineteen, when he or she was seventeen years of age.

(b) The term Alternative to Detention means a court-ordered, community-based service in lieu of detention including but not limited to electronic monitoring, intensive case management, respite, and release under supervision.

(c) The term commissioner shall mean the Commissioner of the Division of Criminal Justice Services.

(d) The term evidence-based services mean an intervention that has been shown in research to be associated with positive outcomes.

(e) The term Initial Interview refers to the meeting within which Probation staff convenes the youth, parent or other person legally responsible for his/her care if available, legal counsel, and other permissible parties, for the purposes of commencing Voluntary Assessment and Case Planning services.

(f) The term Juvenile Offender means a person thirteen, fourteen or fifteen years of age criminally responsible for certain acts as defined in section 1.20(42) of the penal law.

(g) The term Notice of Agreement for Voluntary Assessment and Case Planning Services refers to the document signed by a defendant/youth consenting to the commencement of services and interventions as identified in the case plan, while a criminal case is pending in Youth Part.

(h) The term protective factor means certain strengths or assets that have been demonstrated by research to reduce risk of negative outcomes.

(i) The term risk factor means a specific area of influence that increases the likelihood that a youth will engage in delinquent behavior. Risk factors may be static (cannot be changed) or dynamic (can be changed). The major risk factors are personal attitudes/values/beliefs supportive of crime, pro-delinquent associates and isolation from pro-social associates, temperament and personality factors, history of antisocial behavior from a young age, dynamic family factors, and low levels of personal educational, vocational or financial achievement.

(j) The term risk and needs assessment means a validated protocol approved by the Commissioner to assess the youth's risk of re-arrest/recidivism and identify needs.

(k) The term Youth Part File refers to the records held by the Court specific to the alleged offense(s) committed by the youth with such criminal matter(s) pending in Youth Part. This file is provided to probation for purposes of initiating Voluntary Assessment and Case Planning Services including, but not limited to all accusatory documents, Superior Court Information, Orders of Protection, and victim statements.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 359.1

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