N.Y. Family Court Act § 320.5: The initial appearance; release or detention

§ 320.5. The initial appearance; release or detention. 1. At the

initial appearance, the court in its discretion may release the

respondent or direct his detention.

2. Rules of court shall define permissible terms and conditions of

release. The court may in its discretion release the respondent upon

such terms and conditions as it deems appropriate. The respondent shall

be given a written copy of any such terms and conditions. The court may

modify or enlarge such terms and conditions at any time prior to the

expiration of the respondent's release.

3. (a) The court shall not direct detention unless available

alternatives to detention, including conditional release, would not be

appropriate, and the court finds that unless the respondent is detained:

(i) there is a substantial probability that he or she will not appear

in court on the return date; or

(ii) there is a serious risk that he or she may before the return date

commit an act which if committed by an adult would constitute a crime.

(b) Any finding directing detention pursuant to paragraph (a) of this

subdivision made by the court shall state the facts, the level of risk

the youth was assessed pursuant to a detention risk assessment

instrument approved by the office of children and family services, and

the reasons for such finding including, if a determination is made to

place a youth in detention who was assessed at a low or medium risk on

such a risk assessment instrument, the particular reasons why detention

was determined to be necessary.

(c) If the court makes a finding that detention is necessary pursuant

to subparagraphs (i) and (ii) of paragraph (a) of this subdivision, the

court may consider, where applicable, as a condition of release,

electronic monitoring of the respondent, if such electronic monitoring

would significantly reduce the substantial probability that the

respondent would not return to court on the return date, or the serious

risk that the respondent may before the return date commit an act that

if committed by an adult would constitute a crime.

(d) If the respondent may be a sexually exploited child as defined in

subdivision one of section four hundred forty-seven-a of the social

services law, the court may direct the respondent to an available

short-term safe house as a condition of release.

4. At the initial appearance the presentment agency may introduce the

respondent's previous delinquency findings entered by a family court. If

the respondent has been fingerprinted for the current charge pursuant to

section 306.1, the presentment agency may also introduce the fingerprint

records maintained by the division of criminal justice services. The

clerk of court and the probation service shall cooperate with the

presentment agency in making available the appropriate records. At the

conclusion of the initial appearance such fingerprint records shall be

returned to the presentment agency and shall not be made a part of the

court record.

5. Upon a finding of facts and reasons which support a detention order

pursuant to subdivision three of this section, the court shall also

determine and state in any order directing detention:

(a) whether the continuation of the respondent in the respondent's

home would be contrary to the best interests of the respondent based

upon, and limited to, the facts and circumstances available to the court

at the time of the initial appearance; and

(b) where appropriate and consistent with the need for protection of

the community, whether reasonable efforts were made prior to the date of

the court appearance that resulted in the detention order issued in

accordance with this section to prevent or eliminate the need for

removal of the respondent from his or her home or, if the respondent had

been removed from his or her home prior to the initial appearance, where

appropriate and consistent with the need for protection of the

community, whether reasonable efforts were made to make it possible for

the respondent to safely return home.