N.Y. Comp. Codes R. & Regs. tit. 9 § 359.5

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

Section 359.5 - General requirements for probation voluntary assessment and case planning services in youth part

(a) Each probation director shall establish and maintain probation voluntary assessment and case planning services for matters in the youth part of superior court in accordance with the provisions of the Executive Law, the Criminal Procedure Law, and all other applicable laws, rules and regulations.

(b) The probation director shall develop, adopt, and disseminate to departmental staff written policies and procedures for the uniform provision of probation voluntary assessment and case planning services in the youth part. The policies and procedures shall require a probation presence at the initial appearance of the regularly scheduled youth part, upon notification from the court. The probation department shall offer voluntary assessment and case planning services to an adolescent offender or juvenile offender at the earliest possible opportunity. The probation department shall advise the presiding Judge of alternatives to detention, where available.

(c) The policies and procedures shall address, at a minimum:

(1) notification to adolescent offenders and juvenile offenders of the availability and provision of probation voluntary assessment and case plan services in the youth part;

(2) ensuring the youth is notified of the voluntary nature of the assessment, case planning and service referral process;

(3) ensuring that the youth is notified that they may be accompanied by their legal counsel during their voluntary assessment;

(4) scheduling an initial interview to occur within eight business days of the receipt of the accusatory instrument(s) or indictment and supporting documents from the youth part;

(5) conducting a risk and needs assessment, using a state-approved risk assessment tool;

(6) completing a case plan addressing the identified needs based upon the nature of the behaviors contributing to the present offense;

(7) providing suitable and individualized programming referrals;

(8) ensuring that the probation department shall not transmit, nor otherwise communicate to the district attorney or the youth part any statement made by the adolescent offender or juvenile offender to a probation department. However, the probation department may make a recommendation regarding the completion of his or her case plan to the youth part and provide such information as it shall deem relevant; and

(9) providing a summary in the presentence investigation, summarizing assessment findings, referrals, and progress with respect to mitigating risk and addressing any identified needs.

(d) As part of the initial interview meeting, for voluntary assessment and case planning services with the youth, the probation department shall:

(1) advise the youth of the voluntary nature of the assessment, case planning and service referral process and obtain a signed notice of agreement for voluntary assessment and case planning services from the youth indicating his/her willingness to participate in the assessment, case planning and services processes;

(2) advise the youth that the probation department shall not transmit nor otherwise communicate to the district attorney or the youth part any statement made by the adolescent offender or juvenile offender to the probation department. However, the probation department may make a recommendation regarding the completion of his/her voluntary case plan to the youth part and provide such information it shall deem relevant;

(3) if the youth accepts voluntary assessment and case planning services, complete a State approved, validated risk and need assessment instrument;

(4) for youth who are under the age of 18, secure from the parent(s) or other person(s) legally responsible for his/her care all necessary consents for release of information regarding the youth. For youth who are 18 years or older, obtain consents for release of information from the youth;

(5) notify the court of commencement of voluntary assessment and case planning services with a signed notice of agreement.

(e) If the youth fails to appear at probation for the initial interview, the probation department shall advise the court within three business days, if the appointment is not rescheduled.

(f) To the extent practicable, such services shall continue through the pendency of the action and shall further continue where such action is removed to the family court in accordance with article 722 of the Criminal Procedure Law.

(g) If probation determines the youth has ceased voluntary participation or alternatively achieves maximum benefit in voluntary assessment and case planning services, or the case is disposed of, upon request of the court, the probation department shall notify the court of the reason for such closure.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 359.5

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