N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-4.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 175-4.3 - Transfer guidelines

A juvenile offender may be transferred from the custody of the Division for Youth to the custody of the Department of Correctional Services if he or she meets any one or more of the criteria set forth below, however, no transfer based soley on paragraphs (b), (e), or (g) shall occur during the first ninety days of residence in a Division for Youth facility.

(a) the juvenile offender constitutes a danger to him or herself or other individual(s) and is in need of increased structure and/or supervision;

(b) the juvenile offender consistently refuses to participate or demonstrates an unwillingness to participate, in the division's programs;

(c) the juvenile offender has consistently engaged in behavior involving unauthorized organizations, which constitutes a threat to the safety, security and good order of the facility;

(d) the juvenile offender was found to be in possession of any weapon or other dangerous contraband which constitutes a threat to the safety, security and good order of the facility;

(e) the juvenile offender engages in behavior which consistently interferes with the ability of other residents to progress in the Division for Youth programs;

(f) the juvenile offender has documented medical treatment needs which can be better managed in facilities operated by the Department of Correctional Services;

(g) the juvenile offender has requested to be transferred to the custody of the Department of Correctional Services and the division approves of such transfer, after considering the juvenile offender's emotional maturity, program needs and earliest parole eligibility date;

(h) the juvenile offender is a parole violator, and the Division for Youth has assessed the juvenile offender's reported behavior while on parole and the nature of the parole violation, and has determined that there is no substantial likelihood that the juvenile offender will benefit from the programs offered in Division for Youth facilities.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-4.3