N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.72 - Duties of the probation service and procedures relating to the adjustment process (family offenses)
(a) If the assistance of the probation
service is requested by the person seeking to file a family offense petition,
the adjustment process shall commence within seven days from the request. The
probation service shall permit any participant who is represented by a lawyer
to be accompanied at any conference by the lawyer, who shall be identified by
the probation officer to the other party, and shall not discourage any person
from seeking to file a petition.
(b) If an extension of the period of the
adjustment process is sought, the probation service shall, with the written
consent of the person seeking to file a family offense petition, apply in
writing to the court and shall set forth the services rendered, the date of
commencement of those services, the degree of success achieved, the services
proposed to be rendered and a statement by the assigned probation officer: that
there is no imminent risk that, if an extension of the period is granted, the
potential respondent will, during the extended period of adjustment, endanger
the health or safety of the person seeking to file a family offense petition or
any other member of the same family or household, and the facts upon which the
opinion is based; and that the matter will not be successfully adjusted unless
an extension is granted.
(c) The probation service shall
discontinue its efforts at adjustment if, at any time:
(1) the person seeking to file a family
offense petition or the potential respondent requests that it do so;
or
(2) it appears to
the probation service that:
(i)
there is no reasonable likelihood that a cessation of the conduct forming the
basis of the family offense complaint will result; or
(ii) there is an imminent risk
that the potential respondent will inflict or threaten to inflict physical
injury upon the person seeking to file a family offense petition or upon any
other member of the same family or household; or
(iii) the potential respondent
has inflicted or threatened to inflict physical injury on the person seeking to
file a family offense petition or any other member of the same family or
household since efforts at adjustment began.
(d) If the adjustment process is
not successfully concluded, the probation service shall notify in writing all
the persons who participated therein:
(1) that the adjustment process has not
been successfully concluded, and the reasons therefor; and
(2) that the person seeking to
file a family offense petition is entitled to access to the court for that
purpose.
(e) If the adjustment process results in
an agreement for the cessation of the conduct forming the basis of the family
offense complaint:
(1) it shall
be reduced to writing by the probation service, shall be signed by both parties
to it, and shall be submitted to the court, together with a petition for
approval of the agreement and a proposed order incorporating the agreement;
and
(2) if the
agreement is approved by the court, a copy of the order shall be furnished by
the probation service to the person seeking to file a family offense petition
and the potential respondent, in person if they are present, and by mail if
their presence has been dispensed with by the court.
Notes
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No prior version found.