New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 175
Executive Department
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9 NYCRR 175-1.1 - Application
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
This Subpart shall apply only to juvenile delinquents, juvenile offenders and juvenile offenders afforded youthful offender status.
9 NYCRR 175-1.2 - Guidelines for transfer
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- Executive Department
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- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A youth may be transferred to the Department of Mental Hygiene for care and treatment in a State school or State hospital under the jurisdiction of the Department of Mental Hygiene, whenever it appears to the satisfaction of the Director of the Division for Youth that such youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in such a State school or State hospital and that the interests of the State will be best served thereby.
(b)The Director of the Division for Youth may, subject to the requirements of section 9.51 of the Mental Hygiene Law, apply for the transfer of any youth in the care of the division who has not been sentenced as a juvenile offender and who is not subject to a restrictive placement pursuant to section 353.5 of the Family Court Act, to a residential treatment facility for children and youth.
(c)Juvenile offenders shall be transferred only to a facility under the jurisdiction of the Office of Mental Health specially designed for the care and treatment of juvenile offenders which is characterized by physically restricting construction, hardware and procedures.
9 NYCRR 175-1.3 - Order of the Director of the Division for Youth
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Transfers pursuant to this Subpart may be made only upon written order of the Director of the Division for Youth and upon the written consent or approval of the Commissioner of the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.
9 NYCRR 175-1.4 - Notice and opportunity to be heard
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Except in the case of emergencies requiring immediate admission to State hospitals pursuant to the Mental Hygiene Law, a youth may be transferred to the Department of Mental Hygiene only after written notice has been given to the youth to be transferred, to his parents or guardian and to his attorney of record, if any; and after the youth has been afforded an opportunity to be heard at a transfer hearing pursuant to sections 175-1.7 and 175-1.8 of this Subpart.
9 NYCRR 175-1.5 - Initiation of transfer proceeding
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)In conjunction with the appropriate district supervisor, the director of the facility where the youth to be transferred is in custody or the youth's foster care worker, shall prepare a referral report documenting reasons why it appears that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in the State school or State hospital and why the interests of the State will be best served thereby. Such report shall include at least the following documents:
(1)a memorandum to the Director of Health Services requesting a transfer hearing pursuant to article 19-G, section 517 of the Executive Law;
(2)a statement of the reasons why:
(i)it appears that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in a State school or State hospital in the Department of Mental Hygiene; and
(ii)the interests of the State will be best served by the youth's care and treatment in a State school or State hospital in the Department of Mental Hygiene; and
(3)a written and signed report prepared by a psychiatrist based upon an examination conducted not more than one week previously, stating that the youth requires inpatient care in either a State school, a psychiatric center or in a residential treatment facility; and
(4)a statement of general background identifying information on the youth.
(b)The facility director or foster care worker shall forward the referral report to the Director of Health Services.
(c)The Director of Health Services shall review the referral report for appropriateness and completeness and confer with the counsel's office to insure the materials are legally sufficient for a transfer hearing.
(1)If the Director of Health Services recommends approval of the request for a transfer hearing he shall, within two working days of receipt of the referral report, submit such report, a cover memorandum and transfer recommendation memorandum for either a State school, a psychiatric center or a residential treatment facility to the Deputy Director for Program Operations.
(2)If the Director of Health Services recommends disapproval of the request for a transfer hearing he shall, within two working days of receipt of the referral report, submit such report and a statement of his reasons for disapproval of the request for a transfer hearing to the Deputy Director for Program Operations.
(d)The Deputy Director for Program Operations, or his designee, shall review the referral report and all accompanying documents, and make one of the following determinations:
(1)continuation of the youth's present facility program;
(2)modification of the youth's present program; or
(3)approval of the transfer request.
If the Deputy Director for Program Operations approves the transfer request, he shall sign the transfer recommendation memorandum and submit it, along with the referral report and all accompanying documents, to the Director of the Division for Youth.
(e)The Director of the Division for Youth shall review the recommendations for transfer, the referral report and all accompanying documents. If it appears to his satisfaction that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in a State school or State hospital in the Department of Mental Hygiene and that the interests of the State will be best served thereby, he shall sign the transfer recommendation memorandum and forward it, along with all accompanying documents, to the counsel's office for initiation of a transfer hearing.
9 NYCRR 175-1.6 - Notice of transfer hearing and statement of allegations
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The Division for Youth's Counsel's Office shall prepare a notice of transfer hearing which shall include a statement describing the allegations upon which the transfer hearing shall be based.
(b)The notice of transfer hearing shall state in writing the rights of the youth to a transfer hearing, including the right of each party to be represented, to testify, to produce witnesses, to present documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the facts and to examine evidence.
(c)Copies of the notice of transfer hearing shall be served by mail or in person upon the youth, the parents or guardian, the youth's attorney and the hearing officer.
9 NYCRR 175-1.7 - Rights of parties
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The transfer hearing shall be held within 20 days of mailing the notice of transfer hearing, subject to the authority of the hearing officer to grant reasonable adjournments.
(b)The transfer hearing shall be presided over by a hearing officer designated by the Division for Youth.
(c)The youth shall have the right to legal counsel at the transfer hearing.
(d)The Division for Youth's Counsel's Office shall act as agency representative at the transfer hearing.
(e)Notification of transfer hearing date.
At least five days prior to the date of the transfer hearing, notice shall be given to the parties and representatives by the hearing officer, including the youth, the youth's attorney and the parents or guardian of the youth. The notice to the parties shall inform them of:
(1)the date and place of the transfer hearing; and
(2)the name and address of the hearing officer who will conduct the transfer hearing.
(f)Opportunity shall be afforded the youth or his attorney, upon request, to examine copies of documentary evidence in the possession of the Division for Youth which the division plans to introduce at the transfer hearing.
9 NYCRR 175-1.8 - Conduct of transfer hearing
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The hearing officer shall preside. He shall make an opening statement describing the nature of the proceeding and the issues and the manner in which the transfer hearing will be conducted.
(b)The hearing officer shall have all the powers conferred by law to require attendance of witnesses and the production of books and records and to administer oaths and to take testimony.
(c)The hearing officer shall conduct an impartial hearing.
(d)Technical rules of evidence followed in a court of law shall not apply, but evidence must be relevant and material.
(e)Each party has a right to be represented by counsel, or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to examine opposing witnesses to the extent necessary to assure that the hearing officer is accurately informed of the facts, to offer evidence in rebuttal and to examine any documentary evidence offered by the other party.
(f)The hearing officer may, in his discretion, order the removal of any person present at a transfer hearing when the presence of that person interferes with the orderly conduct of the transfer hearing.
(g)The transfer hearing may be adjourned by the hearing officer for good cause on his own motion or at the request of either party.
(h)A verbatim record of the transfer hearing shall be made.
9 NYCRR 175-1.9 - Examination of record after transfer hearing
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
The record of the transfer hearing shall be confidential, but it may be examined by either party, including the youth, his parents or his attorney.
9 NYCRR 175-1.10 - The decision
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The hearing officer shall issue a decision determining whether sufficient grounds for transfer as alleged exist. The hearing officer's decision shall be based upon a preponderance of the evidence presented at the transfer hearing. Where such evidence is found to exist, the hearing officer shall authorize the Director of the Division for Youth to prepare an order to the Commissioner of the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities for transfer of the youth. The counsel's office shall submit the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities admission application form to the Director of the Division for Youth for signature. The counsel's office then shall forward the signed application to the facility director or foster care worker. Once the facility director or foster care worker has received the written decision of the hearing officer and signed application of the Director of the Division for Youth, the youth may be transferred to the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.
(b)Where the hearing officer finds that there is no substantial evidence upon which the allegations are based, the hearing officer shall issue a decision which denies the transfer.
(c)In all cases, a written decision shall be served upon the parties within four days following the hearing.
(d)Notice of a decision to transfer a juvenile delinquent shall also be sent to the family court which placed the youth.
9 NYCRR 175-1.11 - Judicial review
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
In the letter transmitting the decision, the hearing officer shall advise the parties of the availability of judicial review, pursuant to article 78 of the Civil Practice Law and Rules.
9 NYCRR 175-1.12 - Voluntary transfer
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A youth may volunteer to transfer to a State school or State hospital in the Department of Mental Hygiene without a transfer hearing. The youth must sign a waiver of a transfer hearing while represented by an attorney. The youth's attorney shall countersign the waiver as a witness if he determines that the youth is aware of the significance of his act and shall sign an affidavit indicating that he: advised the youth of his right to a hearing; examined all relevant materials and conferred with the psychiatrist treating the youth; and concludes that it is in the best interest of the youth to waive the transfer hearing.
(b)The hearing officer shall review the youth's waiver of transfer hearing, the attorney's affidavit and all relevant documents and determine whether the youth's waiver was voluntary and knowing. He shall notify the counsel's office and the facility director or foster care worker of his decision orally, as soon as practicable, and render a written decision to be mailed to the parties within two business days of his receipt of the written materials. Upon receipt of the hearing officer's oral approval for the transfer, the counsel's office shall submit the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities admission application form to the Director of the Division for Youth for signature. The legal unit shall then forward the signed application to the facility director or foster care worker. When the facility or foster care worker has received the written decision of the hearing officer and the signed application of the Division for Youth Director, the youth may be transferred to the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.
(c)If the hearing officer does not accept the waiver, a hearing shall be held in accordance with the procedures set out in sections 175-1.6 through 175-1.9 of this Subpart.
9 NYCRR 175-1.13 - Emergency requiring immediate admission
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A youth who has been examined by a psychiatrist, physician or appropriate Division for Youth professional and determined to require immediate hospitalization shall be referred to a hospital pursuant to section 9.39 or section 9.37 of the Mental Hygiene Law for observation, care and treatment.
(1)A youth shall be determined to require immediate hospitalization if he is alleged to have a mental illness for which immediate observation, care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others. For the purpose of this section, likelihood to result in serious harm shall mean:
(i)substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that he is dangerous to himself; or
(ii)a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of physical harm.
(b)No later than 15 calendar days after the admission of any youth to a hospital pursuant to this section, the director of the facility from which the youth was transferred shall initiate a transfer hearing pursuant to the procedures set out in section 175-1.5 of this Subpart.
(1)The referral report for a transfer hearing conducted after a youth has been admitted to a hospital pursuant to this section shall include the psychiatrists' documentations used by the Office of Mental Health or local psychiatric facility for the emergency admission or a psychiatric report prepared no earlier than seven calendar days prior to the date of the youth's admission.
(c)A youth admitted to a hospital pursuant to this section may waive his right to a hearing if:
(1)the attorney appointed to represent the youth advises the youth of his right to a hearing;
(2)the youth signs a waiver of hearing and consents to admission to the hospital;
(3)the youth's attorney considers the waiver and consent executed by the youth appropriate and he countersigns such waiver and consent and signs an affidavit indicating that he: advised the youth of his right to a hearing; examined all relevant materials and conferred with the psychiatrist treating the youth; and concludes that it is in the best interest of the youth to waive the transfer hearing; and
(4)the hearing officer, after consultation with the youth's attorney and review of all the relevant documents, considers the waiver and consent signed by the youth appropriate and countersigns such waiver and consent. If the hearing officer does not accept the waiver, a transfer hearing shall be held in accordance with sections 175-1.6 through 175-1.9 of this Subpart.
(d)After the transfer hearing, if the hearing officer rules against continued retention of the youth in a Department of Mental Hygiene facility, the Division for Youth's Counsel's Office shall forward the hearing officer's report to the Commissioner of the Office of Mental Health.
9 NYCRR 175-2.1 - Application
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
This Subpart shall apply only to juvenile delinquents placed with the division under section 353.5 or paragraphs (a) and (b) of subdivision 3 of section 353.3 of the Family Court Act.
9 NYCRR 175-2.2 - Guidelines for transfer
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A juvenile delinquent shall be considered for transfer from a school or center under the jurisdiction of the Division for Youth pursuant to title III of article 19-G of the Executive Law, to a secure facility only when:
(a)the juvenile delinquent has shown himself to be exceptionally dangerous to himself or to other persons during his placement at the school or center. A juvenile delinquent may be transferred if his behavior indicates that he is exceptionally dangerous to himself, to other youth or staff members in the facility, or to persons in the community. Exceptionally dangerous behavior may include, but is not limited to: serious intentional assaults on other persons, sexual assaults on other youth or setting fires; or
(b)the juvenile delinquent has demonstrated by a pattern of behavior at the school or center that he needs a more structured setting. Such behavior may include, but is not limited to: persistently refusing to obey the reasonable instructions of staff members; consistently causing disruptions in facility programs; continuously and maliciously destroying State property or personal property of other youth or staff members; or, repeatedly inciting other youth to commit assaultive or destructive acts. No such transfer shall be made unless:
(1)the hearing officer has evaluated the juvenile delinquent's clinical record;
(2)the appropriate personnel have considered the appropriateness and availability of a transfer to an alternative nonsecure facility; and
(3)a plan of further service for the juvenile delinquent has been developed;
(c)the juvenile delinquent is in need of protection from other youth. A juvenile delinquent may be transferred to a secure facility when reasonable grounds exist to believe that his safety is in danger at the school or center, and when placement at another nonsecure facility is unavailable or inappropriate. Continual efforts shall be made to relocate the juvenile delinquent from the secure facility. Such efforts shall be reviewed by the Deputy Director for Program Operations every 15 days. In no event shall a juvenile delinquent transferred under this subdivision be held in a secure facility more than 60 days.
9 NYCRR 175-2.3 - Notice and assistance to juvenile delinquent in a transfer hearing
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The director of the school or center shall prepare, in a simple but complete manner, a written notice of the charges setting forth the grounds upon which the transfer is sought. The juvenile delinquent shall be provided with a copy of the notice of the charges at least 48 hours prior to the transfer hearing by the coordinator of his residential unit.
(b)In order to prepare for his hearing, the juvenile delinquent is entitled to the assistance of a representative and shall be so informed.
(1)A list of at least three available representatives shall be prepared by the division's counsel's office. The list shall consist of Division for Youth ombudsmen and other division legal staff, and shall always include the school's or center's ombudsman. If the juvenile delinquent wishes to select his representative, he shall be entitled to do so; if he refuses to do so, then the counsel's office shall appoint a representative from the prepared list for him.
(2)The juvenile delinquent's representative shall:
(i)meet with the juvenile delinquent as soon as possible to discuss the charges. If a juvenile delinquent under 16 years of age is charged with any act which would be a crime if committed by an adult, or if he is over 16 and is charged with any violation of law, he shall be advised of his privilege against self-incrimination;
(ii)meet with any persons whom the juvenile delinquent wishes to call as witnesses and arrange for these people to appear at the hearing if he believes that their testimony would be helpful;
(iii)examine the juvenile delinquent's record and determine if any of its contents are relevant to the juvenile delinquent's defense. The youth's representative shall be given a copy of all documentary evidence which the school or center intends to introduce at the hearing at the time he is notified of his appointment as representative, or as soon as practicable thereafter; but, in no event shall he be given said documents less than 48 hours prior to the hearing.
(3)The Division for Youth's Counsel's Office shall provide training to staff members who will act as youth representatives at transfer hearings.
9 NYCRR 175-2.4 - Emergency transfer requests
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- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A juvenile delinquent may be placed in a secure facility pending a transfer hearing when there is a danger of safety. Notice of the charges shall be provided to the juvenile delinquent within 48 hours of the transfer, excluding weekends or holidays.
9 NYCRR 175-2.5 - Conduct of a transfer hearing
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)All transfer hearings shall be conducted within 72 hours after the notice of charges has been delivered to the juvenile delinquent or as soon as practicable under the circumstances of the case.
(b)The transfer hearing will be conducted by an outside hearing officer who is experienced in the child care field and is not an employee of the Division for Youth. A list of the officers and their resumes shall be available for public inspection. The hearing officer need not be an attorney.
(c)Formal rules of evidence will not be in effect at the hearing except that all testimony shall be given under oath administered by someone authorized by the State of New York to administer oaths.
(d)The juvenile delinquent and his representative shall be present during the presentation of evidence to the hearing officer; provided, however, that upon the request of either party, the hearing officer may determine that the juvenile delinquent should be excused during all or any part of a witness's testimony if it appears that the hearing of such testimony would be harmful to the juvenile delinquent. All witnesses shall be excluded from the hearing until called to testify, except in no case shall the ombudsman, the youth's representative, or the facility's representative be excluded. The representative shall assist the juvenile delinquent at the hearing. The facility director or his designee may present any written evidence, including but not limited to clinical evaluations and incident reports, as well as any oral testimony, in support of the transfer. After presentation of the facility's evidence, the juvenile delinquent and his witnesses will present their testimony or other evidence in response. Cross-examination shall be allowed but shall be limited in the discretion of the hearing officer to relevant and nonrepititious questions. Rebuttal evidence may be presented. The hearing officer may question any witness during any presentation.
(e)The ombudsman may attend the transfer hearing on his own or at the juvenile delinquent's request.
(f)The hearing shall be tape recorded, in a manner which reasonably assures a complete and audible recording of the hearing, and the tapes and all evidence submitted to the hearing officer shall be sent to the chairperson of the Division for Youth's transfer board and shall be retained by him for two years. The tapes and documentary evidence shall be available for inspection by an attorney for the juvenile delinquent within two weeks of the hearing. If the attorney requests a transcript of the hearing or a copy of the documentary evidence, the division shall provide them within a reasonable time, but only upon written assurance by the attorney that he shall bear the costs thereof.
(g)Within 12 hours of the close of the hearing, the hearing officer shall render an oral decision. If the hearing officer finds by substantial evidence that the juvenile delinquent has been shown to be exceptionally dangerous to himself or to other persons while at the school or center; or that the juvenile delinquent has demonstrated by a pattern of behavior that he needs a more structured setting; or that the juvenile delinquent is in need of protection and that placement at another facility is unavailable or inappropriate, the hearing officer shall affirm the facility director's decision to transfer the juvenile delinquent. A finding against the school or center shall prohibit the transfer.
(h)Within five days after the hearing, the hearing officer shall prepare a written decision in which he states the evidence relied upon and the grounds for his decision. In the case of a transfer requested by the juvenile delinquent, the hearing officer shall make a finding that independent evidence exists to justify the transfer.
(i)When the written decision is rendered, a copy of it shall be given to the director of the facility in which the juvenile delinquent resides and he, or his designee, shall give a copy to the juvenile delinquent and explain the decision to the juvenile delinquent. A copy shall also be given to the youth's representative. If the decision affirms the transfer, a copy shall be sent to the youth's parents or guardian and to the Family Court which ordered the disposition.
(j)If the hearing officer affirms the decision to transfer the juvenile delinquent and the transfer is made before the written decision is rendered, the director of the secure facility or his designee shall inform the juvenile delinquent of the decision to transfer and explain the reasons to him. The youth's representative shall also be notified.
9 NYCRR 175-3.1 - Earlier source heading: 175-3.1 to 175-3.7 [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Current section text is not available here.
9 NYCRR 175-4.1 - Purpose
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
This Subpart sets forth requirements and guidelines for the transfer of juvenile offenders from the custody of the Division for Youth to the custody of the Department of Correctional Services.
9 NYCRR 175-4.2 - Applicability
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
The provisions of this Subpart shall apply to juvenile offenders committed to the custody of the Division for Youth who are 16 years of age or older. A juvenile offender, 16 years of age or older, may be transferred from the custody of the Division for Youth to the custody of the Department of Correctional Services when there is no substantial likelihood that the juvenile offender will benefit from the programs offered by division facilities.
9 NYCRR 175-4.3 - Transfer guidelines
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- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A juvenile offender may be transferred from the custody of the Division for Youth to the custody of the Department of Correctional Services if he or she meets any one or more of the criteria set forth below, however, no transfer based soley on paragraphs (b), (e), or (g) shall occur during the first ninety days of residence in a Division for Youth facility.
(a)the juvenile offender constitutes a danger to him or herself or other individual(s) and is in need of increased structure and/or supervision;
(b)the juvenile offender consistently refuses to participate or demonstrates an unwillingness to participate, in the division's programs;
(c)the juvenile offender has consistently engaged in behavior involving unauthorized organizations, which constitutes a threat to the safety, security and good order of the facility;
(d)the juvenile offender was found to be in possession of any weapon or other dangerous contraband which constitutes a threat to the safety, security and good order of the facility;
(e)the juvenile offender engages in behavior which consistently interferes with the ability of other residents to progress in the Division for Youth programs;
(f)the juvenile offender has documented medical treatment needs which can be better managed in facilities operated by the Department of Correctional Services;
(g)the juvenile offender has requested to be transferred to the custody of the Department of Correctional Services and the division approves of such transfer, after considering the juvenile offender's emotional maturity, program needs and earliest parole eligibility date;
(h)the juvenile offender is a parole violator, and the Division for Youth has assessed the juvenile offender's reported behavior while on parole and the nature of the parole violation, and has determined that there is no substantial likelihood that the juvenile offender will benefit from the programs offered in Division for Youth facilities.
9 NYCRR 175-4.4 - Transfer process-juvenile offenders 18 years of age or older
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)In order to transfer a juvenile offender who is 18 years of age or older to the custody of the Department of Correctional Services, the criteria supporting the transfer of such juvenile offender shall be documented by the division.
(b)Such documentation shall be forwarded to the deputy director for residential services of the Division for Youth for review and recommendation within two business days after it is received. The deputy director for residential services shall forward the documentation to the director of the division.
(c)The director of the division, or his or her designee, shall review the documentation and issue a final determination either approving or disapproving the transfer within five business days after receipt. If the director of the division approves the transfer, he or she shall execute a certification to the Department of Correctional Services for the purposes of effecting the transfer of the juvenile offender.
9 NYCRR 175-4.5 - Expedited transfer
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
In accordance with the transfer guidelines contained in this Subpart, in circumstances where it is necessary to ensure the health and safety of individuals in a secure facility, a juvenile offender who is 18 years of age or older may be transferred to the Department of Correctional Services on an expedited basis upon a verbal certification by the director of the division. Written confirmation of the certification, including the documentation required pursuant to section 175-4.4 of this Subpart and the reasons for an expedited transfer, shall be submitted to the Department of Correctional Services within one business day after the expedited transfer occurs.
9 NYCRR 175-4.6 - Transfer process-16- and 17-year old juvenile offenders
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- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)In order to transfer a juvenile offender who is 16 or 17 years of age to the custody of the Department of Correctional Services, the criteria supporting the transfer of such juvenile offender shall be documented by the division, including any written reports.
(b)Such documentation shall be forwarded to the deputy director for residential services of the division for review and recommendation within two business days after it is received. The deputy director for residential services shall forward the documentation to the director of the division.
(c)The director of the division, or his or her designee, shall review the documentation and issue a final determination within five business days after receipt. The final determination shall be forwarded to the deputy director and general counsel of the division.
(d)If the director of the division, or his or her designee, approves the transfer request, the deputy director and general counsel shall notify the deputy director for residential services of the final determination and shall apply to the sentencing court for permission to transfer the juvenile offender to the custody of the Department of Correctional Services.
(e)The juvenile offender shall be notified of the final determination of the director of the division within seven days thereafter.
9 NYCRR 175-4.7 - Appeal procedure
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- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A juvenile offender may request a copy of his or her transfer documentation within seven days after the transfer has occurred.
(b)A juvenile offender 18 years of age or older who is transferred to the custody of the Department of Correctional Services may appeal the transfer determination to the director of the division, in writing, within 30 days of the transfer. The juvenile offender may provide a written statement for review by the director of the division.
(c)The director of the division, or his or her designee, shall issue a decision within 10 days after receipt of the juvenile offender's appeal.