9 CRR-NY 175-2.3NY-CRR
9 CRR-NY 175-2.3
9 CRR-NY 175-2.3
175-2.3 Notice and assistance to juvenile delinquent in a transfer hearing.
(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 CRR-NY 175-2.3
Current through September 15, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.