N.Y. Comp. Codes R. & Regs. tit. 9 § 359.9

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

Section 359.9 - Pretrial release services in youth part of superior court

(a) Where pretrial services are operated by the probation department, each probation director shall establish and maintain pretrial services for youth part matters, in accordance with the provisions of the Executive Law, the Criminal Procedure Law, and all other applicable laws, rules, and regulations.

(b) Where pretrial services are provided by the probation department, each probation director shall develop, adopt, and disseminate written policies and procedures for the uniform provision of such pretrial services in the youth part. The policies and procedures shall ensure:

(1) screening of youth at the earliest possible time after arrest. This may include while the youth is in custody, pre-arraignment, or at the initial session of the regularly scheduled youth part, upon notification from the court;

(2) a standardized interview of eligible youth, related to the program's criteria for release;

(3) were available, use of a state-approved assessment tool that measures a youth's failure to appear in court;

(4) advising the court of any available alternatives to detention that may be appropriate;

(5) procedures to monitor, investigate, and report to the court regarding the compliance of youth released under supervision, as ordered by the court; and

(6) timely notification to the court when a released youth has been determined to be non-compliant with the terms and conditions of release as set forth by the court, including orders of protection.

(c) Release under supervision services in youth part.

(1) Upon notification to probation by the court, that a youth has been released under supervision with certain terms and conditions of the court, and probation has been directed to monitor such conditions, pursuant to applicable laws, and rules, probation shall:

(i) coordinate with the court to receive a written copy of the terms and conditions of release as issued by the court;

(ii) refer the youth and family to available alternative to detention services/programs, consistent with the court order; and

(iii) provide to all youth and parent(s) or other person(s) legally responsible for his/her care, information and reminders for court appearance(s).

(2) Monitoring.

(i) Absent directive from the court, probation shall maintain regular contact with youth, and conduct additional contacts, as determined by the probation director or his/her designee.

(ii) Probation shall monitor court appearances of these youth.

(iii) Probation shall assist youth with complying with release under supervision conditions, including orders of protection.

(3) Non-compliance with release under supervision terms and conditions.

(i) Probation shall attempt to contact youths under release, who fail to appear in court, or who are not complying with court-ordered conditions in order to encourage voluntary return or compliance before the court is notified.

(4) Reporting to court shall include a verbal or written summary of:

(i) referrals made to ordered, appropriate and/or accessible alternative to detention programming;

(ii) compliance by the youth and parent(s) or other person(s) legally responsible for his/her care with the ordered or referred programming and/or services; and

(iii) compliance by the youth and parent(s) or other person(s) legally responsible for his/her care with the terms and conditions imposed by the court.

(5) Case closure of pretrial release service in youth part.

(i) Probation performing pretrial services for the court shall cease when:

(a) the criminal case before the youth part is removed to family court;

(b) a sentence is imposed on the originating case, the case is dismissed or otherwise disposed;

(c) court notifies the department of such.

(ii) Probation shall indicate whether closure was successful as measured by regular appearance before the court.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 359.9

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