N.Y. Comp. Codes R. & Regs. tit. 9 § 359.7

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

Section 359.7 - Voluntary assessment and case plan services: summary and reports

(a) The probation department shall not transmit to the district attorney or the youth part judge any statement made by the youth to probation during the provision of voluntary assessment and case planning services. The probation department shall not transmit any results of the assessment related to risk, in any communication to the youth part prior to the ordering of a pre-sentence investigation report. Assessment findings reported at this time shall be limited to the need(s) of the youth. No statement made to the probation department may be admitted into evidence at a fact-finding hearing at any time prior to a conviction. However, probation may make a recommendation regarding completion of the case plan to youth part and provide such information as it shall deem relevant.

(b) Where probation has engaged a youth in voluntary assessment and case planning services, probation shall provide a summary of these efforts to the court within the pre-sentence investigation, as follows:

(1) assessment findings; and

(2) referrals and progress with respect to mitigating risk and addressing any identified needs.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 359.7

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