N.Y. Fam. Ct. Act § 308.1

§ 308.1. Rules of court for preliminary procedure. 1. Rules of court\nshall authorize and determine the circumstances under which the\nprobation service may confer with any person seeking to have a juvenile\ndelinquency petition filed, the potential respondent and other\ninterested persons concerning the advisability of requesting that a\npetition be filed.\n 2. Except as provided in subdivisions three and four of this section,\nthe probation service may, in accordance with rules of court, adjust\nsuitable cases before a petition is filed. The inability of the\nrespondent or his or her family to make restitution shall not be a\nfactor in a decision to adjust a case or in a recommendation to the\npresentment agency pursuant to subdivision six of this section. Nothing\nin this section shall prohibit the probation service or the court from\ndirecting a respondent to obtain employment and to make restitution from\nthe earnings from such employment. Nothing in this section shall\nprohibit the probation service or the court from directing an eligible\nperson to complete an education reform program in accordance with\nsection four hundred fifty-eight-l of the social services law.\n 3. The probation service shall not adjust a case in which the child\nhas allegedly committed a designated felony act unless it has received\nthe written approval of the court.\n 4. The probation service shall not adjust a case in which the child\nhas allegedly committed a delinquent act which would be a crime defined\nin section 120.25, (reckless endangerment in the first degree),\nsubdivision one of section 125.15, (manslaughter in the second degree),\nsubdivisions one, two and three of section 130.25, (rape in the third\ndegree), subdivision one of former section 130.40, subdivision one or\ntwo of section 130.65, (sexual abuse in the first degree), section\n135.65, (coercion in the first degree), section 140.20, (burglary in the\nthird degree), section 150.10, (arson in the third degree), section\n160.05, (robbery in the third degree), subdivision two, three or four of\nsection 265.02, (criminal possession of a weapon in the third degree),\nsection 265.03, (criminal possession of a weapon in the second degree),\nor section 265.04, (criminal possession of a dangerous weapon in the\nfirst degree) of the penal law where the child has previously had one or\nmore adjustments of a case in which such child allegedly committed an\nact which would be a crime specified in this subdivision unless it has\nreceived written approval from the court and the appropriate presentment\nagency.\n 5. The fact that a child is detained prior to the filing of a petition\nshall not preclude the probation service from adjusting a case; upon\nadjusting such a case the probation service shall notify the detention\nfacility to release the child.\n 6. The probation service shall not transmit or otherwise communicate\nto the presentment agency any statement made by the child to a probation\nofficer. However, the probation service may make a recommendation\nregarding adjustment of the case to the presentment agency and provide\nsuch information, including any report made by the arresting officer and\nrecord of previous adjustments and arrests, as it shall deem relevant.\n 7. No statement made to the probation service prior to the filing of a\npetition may be admitted into evidence at a fact-finding hearing or, if\nthe proceeding is transferred to a criminal court, at any time prior to\na conviction.\n 8. The probation service shall consider the views of the complainant\nand the impact of the alleged act or acts of juvenile delinquency upon\nthe complainant and upon the community in determining whether adjustment\nunder this section would be suitable.\n 9. Efforts at adjustment pursuant to rules of court under this section\nmay not extend for a period of more than three months without leave of\nthe court, which may extend the period for an additional two months.\n 10. If a case is not adjusted by the probation service, such service\nshall notify the appropriate presentment agency of that fact within\nforty-eight hours or the next court day, whichever occurs later.\n 11. The probation service may not be authorized under this section to\ncompel any person to appear at any conference, produce any papers, or\nvisit any place.\n 12. The probation service shall certify to the division of criminal\njustice services and to the appropriate police department or law\nenforcement agency whenever it adjusts a case in which the potential\nrespondent's fingerprints were taken pursuant to section 306.1 in any\nmanner other than the filing of a petition for juvenile delinquency for\nan act which, if committed by an adult, would constitute a felony,\nprovided, however, in the case of a child twelve years of age, such\ncertification shall be made only if the act would constitute a class A\nor B felony.\n 13. The provisions of this section shall not apply where the petition\nis an order of removal to the family court pursuant to article seven\nhundred twenty-five of the criminal procedure law against a juvenile\noffender as defined in subdivision eighteen of section 10.00 of the\npenal law.\n 14. Notwithstanding subdivisions three, four and thirteen of this\nsection, the probation service may adjust a proceeding where the court\nhas referred a case to the probation service in accordance with section\n320.6 of this article in conjunction with or subsequent to the issuance\nof an order pursuant to subdivision one of section 345.1 of this article\nwhere such order does not include a fact-finding for an act which would\nconstitute a juvenile offense, designated felony or offense listed in\nsubdivision four of this section. Where a proceeding has been referred\nto the probation service in which an order issued pursuant to section\n345.1 of this article consists solely of a violation as defined in\nsubdivision three of section 10.00 of the penal law committed by a\njuvenile sixteen years of age or, commencing on October first, two\nthousand nineteen, seventeen years of age, the probation service shall\nadjust the matter unless good cause is shown and is documented in its\nrecords.\n