N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-4.6

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

Section 175-4.6 - Transfer process-16- and 17-year old juvenile offenders

(a) In order to transfer a juvenile offender who is 16 or 17 years of age to the custody of the Department of Correctional Services, the criteria supporting the transfer of such juvenile offender shall be documented by the division, including any written reports.

(b) Such documentation shall be forwarded to the deputy director for residential services of the division for review and recommendation within two business days after it is received. The deputy director for residential services shall forward the documentation to the director of the division.

(c) The director of the division, or his or her designee, shall review the documentation and issue a final determination within five business days after receipt. The final determination shall be forwarded to the deputy director and general counsel of the division.

(d) If the director of the division, or his or her designee, approves the transfer request, the deputy director and general counsel shall notify the deputy director for residential services of the final determination and shall apply to the sentencing court for permission to transfer the juvenile offender to the custody of the Department of Correctional Services.

(e) The juvenile offender shall be notified of the final determination of the director of the division within seven days thereafter.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-4.6