N.Y. Criminal Procedure Law § 722.00: Probation case plans

§ 722.00 Probation case plans.

1. All juvenile offenders and adolescent offenders shall be notified

of the availability of services through the local probation department.

Such services shall include the ability of the probation department to

conduct a risk and needs assessment, utilizing a validated risk

assessment tool, in order to help determine suitable and individualized

programming and referrals. Participation in such risk and needs

assessment shall be voluntary and the adolescent offender or juvenile

offender may be accompanied by counsel during any such assessment. Based

upon the assessment findings, the probation department shall refer the

adolescent offender or juvenile offender to available and appropriate

services.

2. Nothing shall preclude the probation department and the adolescent

offender or juvenile offender from entering into a voluntary service

plan which may include alcohol, substance use and mental health

treatment and services. To the extent practicable, such services shall

continue through the pendency of the action and shall further continue

where such action is removed in accordance with this article.

3. When preparing a pre-sentence investigation report of any such

adolescent offender or juvenile offender, the probation department shall

incorporate a summary of any assessment findings, referrals and progress

with respect to mitigating risk and addressing any identified needs.

4. The probation service shall not transmit or otherwise communicate

to the district attorney or the youth part any statement made by the

juvenile or adolescent offender to a probation officer. However, the

probation service may make a recommendation regarding the completion of

his or her case plan to the youth part and provide such information as

it shall deem relevant.

5. No statement made to the probation service may be admitted into

evidence at a fact-finding hearing at any time prior to a conviction.