New York Laws
Article 722 - Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part And Related Procedures
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.