9 NYCRR Part 7331 - Executive Department

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Source version current through Mar 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7331.1 - Policy

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Youth placed in a facility shall be allowed access to legal services for the purpose of legal preparation with respect to any matter, action or proceeding.

(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern youth access to legal services. These policies and procedures shall be reviewed annually and updated as needed.

(c)As used in this subtitle, legal services shall include access to:

(1)legal counsel; and

(2)the ombudsman.

9 NYCRR 7331.2 - Definitions

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)As used in this Part, the term legal counsel shall mean:

(1)any attorney authorized to practice law in New York State or in any jurisdiction where a youth has a legal action, proceeding or other legal matter pending; and

(2)a law student, law clerk, paralegal, or other agent acting under the supervision of and with the written authorization of an attorney who meets the requirements of paragraph (1) of this subdivision.

(b)Nothing in this Part shall be construed as requiring a facility to provide a youth with legal counsel at facility expense.

9 NYCRR 7331.3 - Access to legal counsel

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

(a)Consistent with the requirements of this Part, all youth shall have access to legal counsel. Such access shall include telephone communications and visits between youth and their legal counsel at times not unduly disruptive of facility routine.

(b)Visits or telephone communications between youth and their legal counsel shall not be monitored except visually.

(c)Access to legal counsel shall be made available at the request of legal counsel, the youth, the youth's parent(s), legal guardian or spouse.

9 NYCRR 7331.4 - Notary public

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

Each facility shall make available the services of a notary public to the youth within 72 hours of the youth's request for notarization or attestation of their signature.

9 NYCRR 7331.5 - Limitation on legal services

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-27-18-00002-A · Adopted rule
Related notice published: Sep 26, 2018
Related notice effective date: Sep 26, 2018

A youth's access to legal services, as defined in this Part, shall not be denied, revoked or limited.

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