FCA ART 3 VOLUME 5 Flashcards
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
A CoP PReP
352.2- Order of disposition.
The court shall enter an order of disposition as follows:
- Conditional discharge
- Conditionally discharge the respondent subject to the conditions determined by the court
- Probation
- Place respondent on probation
- Place the respondent
- Place the respondent in custody of a suitable relative, commissioner of social services or division for youth and continuing the proceeding
- Restrictive placement
- Continue the proceeding and place the respondent under restrictive placement
A CoP PReP
352.2- Order of disposition.
*ln determining the order the court shall consider the needs and best interests of the _________ as well as the need for protection of the community”
respondent
352.2- Order of disposition.
If the respondent has committed a designated felony act the court shall determine a disposition of _________________ under section 353.5
- In all other findings the court shall order the ____________ available alternative
restrictive placement ……… least restrictive available alternative
352.2- Order of disposition.
(NEW) Where a youth receives a juvenile delinquency adjudication for conduct committed when the youth was SIXTEEN (16) YEARS OF AGE OR SEVENTEEN (17) YEARS OF AGE, that would solely constitute a _________ and if the presumption that the court shall refer the case to the probation service for adjustment service has been rebutted (refuted or disproven), the court shall have the power to enter an order of disposition _________________ the respondent.
- The court shall not order detention, probation or placement of a youth solely adjudicated under this subdivision.
Violation……. conditionally discharging
352.3 Order of protection.
The court may enter an order of protection against any respondent for good cause shown as part of a disposition.
Familiarize yourself with the terms and conditions that can be part of an order of protection,
“(A) stay away from the home, school, business or place of employment of the victims of the alleged offense; or
(B) refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the alleged offense and such members of the family or household of such victim or victims as shall be specifically named by the court in such order; or
(c) refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person’s household; or
(d) refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order.”
352.3 Order of protection.
The court may enter an order of protection against any respondent for good cause shown as part of a disposition.
Familiarize yourself with the terms and conditions that can be part of an order of protection,
“(A) stay away from the home, school, business or place of employment of the victims of the alleged offense; or
(B) refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the alleged offense and such members of the family or household of such victim or victims as shall be specifically named by the court in such order; or
(c) refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person’s household; or
(d) refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order.”
352.3 Order of protection.
An order of protection shall remain in effect for the period as specified by the court and cannot exceed the term of an accompanying ______________ if issued.
“ACOD -adjournment in contemplation of dismissal”
353.1 Conditional discharge.
The court may conditionally discharge the respondent for a period not to exceed:
____________
Upon issuance of the conditional discharge, the respondent will be released without probation supervision but subject to certain conditions
A. Six months
B. One year
C. Two Years
D. Three years
B. One year
353.1 Conditional discharge.
Such conditions can now include attending and completing an education reform program.
A finding that the respondent committed an additional crime after a conditional discharge has been ordered and prior to expiration and termination of the period of such order constitutes a ground for ____________ of such order whether or not such fact is specified as a condition of the order.
revocation
353.1 Conditional discharge.
The court can modify or enlarge the conditions at any time, and just like in the CPL, the respondent need not be present if such modification is a ______________of conditions, otherwise they must be present
The respondent must be given a written copy of the conditions at the time a conditional discharge is ordered or modified, provided, however, that whenever the respondent has not been personally present at the time of a modification, the court shall notify the respondent in writing within __________ after such modification, specifying the nature of the elimination or relaxation of any condition and the effective date thereof.
relaxation ….. TWENTY (20) DAYS
353.2. Probation
The court may order a period of probation, which shall not exceed __________ however the court may extend it if circumstances require for ____________
TWO (2) YEARS……. ONE (1) ADDITIONAL YEAR
353.2. Probation
The respondent (MUST/MAY) be given a written copy of the conditions at the time probation supervision is ordered.
MUST
353.2. Probation
“When ordering a period of probation or a conditional discharge the court may, as a condition of such order, require that the respondent:
(Be familiar with the following conditions)
(a) attend school regularly and obey all rules and regulations of the school;
(b) obey all reasonable commands of the parent or other person legally responsible for the respondent’s care;
(c) abstain from visiting designated places or associating with named individuals;
(d) avoid injurious or vicious activities;
(e) co-operate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred;
(f) make restitution or perform services for the public good (NOTE: THE REQUIREMENT OF THE MINIMUM AGE OF 10 TO MAKE RESTITUTION HAS BEEN REMOVED)
(g) except when the respondent has been assigned to a facility in accordance with executive law, in cases wherein the record indicates that the consumption of alcohol by the respondent may have been a contributing factor, attend and complete an alcohol awareness program
(h) comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the commissioner of social services or the division for youth.
353.2. Probation
“When ordering a period of probation or a conditional discharge the court may, as a condition of such order, require that the respondent:
(Be familiar with the following conditions)
(a) attend school regularly and obey all rules and regulations of the school;
(b) obey all reasonable commands of the parent or other person legally responsible for the respondent’s care;
(c) abstain from visiting designated places or associating with named individuals;
(d) avoid injurious or vicious activities;
(e) co-operate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred;
(f) make restitution or perform services for the public good (NOTE: THE REQUIREMENT OF THE MINIMUM AGE OF 10 TO MAKE RESTITUTION HAS BEEN REMOVED)
(g) except when the respondent has been assigned to a facility in accordance with executive law, in cases wherein the record indicates that the consumption of alcohol by the respondent may have been a contributing factor, attend and complete an alcohol awareness program
(h) comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the commissioner of social services or the division for youth.
353.2. Probation
- When ordering a period of probation, the court may, as a condition of such order, further require that the respondent:
(a) meet with a probation officer when directed to do so by that officer and permit the officer to visit the respondent at home or elsewhere;
(b) permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling;
(c) permit the probation officer to obtain information from the respondent’s school;
(d) co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so;
*(Know this) (e) obtain permission from the probation officer for any absence from respondent’s residence in excess of__________ ; and
(f) with the consent of the division for youth, spend a specified portion of the probation period, not exceeding___________ , in a non-secure facility provided by the division for youth pursuant to the executive law.
two (2) weeks…….. ONE (1) YEAR
353.2. Probation
A finding that the respondent committed an additional crime after probation supervision has been ordered and prior to expiration or termination of the period of such order constitutes a ground for revocation of such order however, such fact must be specified as a condition of such order. T/F?
False. It DOES NOT need to be a specific condition
