New York regulations
Title 9 Part 359
Executive Department
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9 NYCRR 359.1 - Definitions
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
9 NYCRR 359.2 - Objective
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
The objective of this Part is to define probation’s role in offering voluntary assessment and case planning services, and when probation departments deliver pretrial release services, to the adolescent offender and juvenile offender charged with a crime in the youth part of superior court.
9 NYCRR 359.3 - Applicability
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
This Part contains all requirements for the provision by probation of voluntary assessment and case planning services in the youth part, for adolescent offenders and juvenile offenders, including pretrial release services where probation departments provide such services.
9 NYCRR 359.4 - Jurisdiction
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
The probation department serving a jurisdiction where an offense occurred has responsibility for providing voluntary assessment and case planning services for those youths with matters pending in the youth part. Where the youth resides in one jurisdiction but the present criminal offense occurred in another jurisdiction, the probation department in the jurisdiction where the crime occurred, the sending probation department, shall coordinate with the receiving probation department where the youth resides, for the purposes of providing voluntary assessment and case planning services. The receiving probation department shall accept the case for the provision of voluntary assessment and case planning services. Where the provision of these services is unsuccessful, the receiving probation department shall advise the sending probation department. When the case is closed by the receiving probation department, the department shall provide a summary to the sending probation department of any assessment findings, referrals and progress with respect to mitigating risk and addressing any identified needs.
9 NYCRR 359.5 - General requirements for probation voluntary assessment and case planning services in youth part
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LawEngine holds a witnessed source copy, but later State Register activity targets this section. Inline text is withheld until the change record and source text are reconciled.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
9 NYCRR 359.6 - Voluntary assessment and case planning services
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
For those youths who consent to participate in voluntary assessment and case planning services, the probation department shall:
(a)Complete a full assessment using a State approved, risk and need assessment instrument for adolescent offender or juvenile offender youth.
(b)Complete an initial case plan within 10 business days of the date when the notice of agreement is signed by the youth, as long as the matter is pending in youth part. The case plan shall:
(1)prioritize need areas for intervention, based upon the results of the risk and needs assessment;
(2)include objectives that build on existing protective factors;
(3)make referrals to available and appropriate services, based upon the results of the risk and needs assessment;
(4)include input from parent(s)or other person(s) legally responsible for his/her care and youth to identify any barriers and strengths toward meeting case plan goals;
(5)delineate the roles and responsibilities of the youth, parent(s) or other person(s) legally responsible for his/her care, probation officer, and other individuals who may positively influence the youth’s behaviors;
(6)document intended action steps, short term and long term goals for successful case progress and/or closure; and
(7)include consideration for issues of responsivity (primary language, sex, gender expression, mental health, etc.) that may obstruct the youth’s progress toward goals.
(c)Conduct re-assessments every 90 days while the youth is engaged in voluntary assessment and case planning services.
9 NYCRR 359.7 - Voluntary assessment and case plan services: summary and reports
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
(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.
9 NYCRR 359.8 - Removal to family court
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
(a)Where the youth part removes the matter to family court jurisdiction and the youth has received voluntary assessment and case planning services from the probation department, to the extent practicable, these services shall continue once the matter is removed to family court to facilitate delivery of consistent evidence based services.
(b)For youth removed from the youth part to the family court jurisdiction to receive intake and adjustment services under article 3, the probation department may consider the youth’s voluntary participation in assessment and case planning services while having been in the youth part. Participation and progress in such services while in youth part may reduce the time needed for adjustment services, depending upon the youth’s progress in addressing case plan goals.
9 NYCRR 359.9 - Pretrial release services in youth part of superior court
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jul 8, 2026
(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.
9 NYCRR 359.10 - Case recordkeeping requirements in youth part
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- CJS-47-22-00002-A · Adopted rule · Mar 29, 2023
- Source snapshot
- Jun 6, 2026
(a)All probation case plan records shall be kept in either paper or electronic format or a combination of both.
(b)Where pretrial release services commenced, probation records shall include the following, where applicable:
(1)terms and conditions of the pretrial release service ordered;
(2)results of any risk assessment that measures failure to appear;
(3)release of information forms;
(4)referrals to and/or summaries from any court ordered or otherwise appropriate programming/services, or other relevant collateral documents or information;
(5)other required case record information:
(i)date(s) of referrals to any court-ordered, or otherwise appropriate program/service and any available outcome information;
(ii)dates and types of contacts related to the case;
(iii)summary of pretrial release services provided may be included in the case file;
(6)any correspondence to the court related to the case.
(c)Where voluntary assessment and case planning services commenced, probation records shall include the following, where applicable:
(1)a copy of the youth part file and the date the packet was received by probation;
(2)documented date the youth was advised of the availability of youth part voluntary assessment and case planning services;
(3)documented date of the initial interview appointment;
(4)date the notice of agreement is signed;
(5)signed agreement consenting to participate in probation voluntary assessment and case planning services;
(6)all assessments and reassessments;
(7)documentation of all service referrals including:
(i)name of service provider;
(ii)primary and/or secondary reasons for the referral;
(iii)date of referral and outcome of the referral;
(iv)date services commenced;
(v)date services ended and outcome of the service; and
(vi)a brief summary of the service intervention efforts within the case plan;
(8)the initial case plan and any case plan updates that flow from reassessments;
(9)a brief closing summary regarding the provision of voluntary case planning and indicating the following:
(i)date of closure;
(ii)assessment findings;
(iii)referrals and progress while engaged in the service/ intervention;
(iv)addressing any identified needs; and
(v)whether the youth was successful or unsuccessful with voluntary probation case planning services;
(10)any correspondence related to the case.
(d)Each probation department shall adhere to other applicable provisions of Part 348 of this Title governing case record management.