N.Y. Comp. Codes R. & Regs. tit. 9 § 350.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 350.1 - Definitions

(a) The term interview means the process of interviewing an individual directly, whether through in-person interview, or another form of telecommunication, such as telephone or e-mail.

(b) The term in-person interview means a face-to-face interview with the respondent/defendant and/or other persons conducted in real-time in either direct physical proximity or remotely by video conference.

(c) The term investigation means the process by which probation officers investigate and produce a report pursuant to an order or request from family, criminal, civil, supreme or surrogate court.

(d) The term legal history means the formal record concerning the respondent's/defendant's involvement in the legal system.

(e) The term offense means an offense as defined in Penal Law, section 60.27(4)(a).

(f) The term public institution or agency means any governmental entity which has the legal authority to detain and/or obtain custody over an individual pursuant to court order.

(g) The term social circumstances means relevant information regarding the current and past family situation, economic status, education and employment, physical and mental health; attitudes and cognitive-behavioral skills; criminogenic risk and needs, identified protective factors; and any significant patterns of which the court should be aware.

(h) The term verification means the process of confirming or substantiating the accuracy or truth of information obtained via interview(s) or correspondence through the use of reliable, objective, independent documentation, observation or other sources.

(i) The term victim means victim as defined in Penal Law (PL), section 60.27 and victim as indicated in provisions of articles 3, 7 and 8 of the Family Court Act (FCA).

(j) The term victim impact statement means a written document prepared by the victim(s), victim(s)'s family, or significant other(s); or, subsequent to making contact with the victim or victim's representative, by the investigating probation officer. It shall include: the victim/family/ significant other's version of the offense/act; the extent of injury or economic loss, including physical, psychological or economic injury or impact, damages, or losses; actual out of pocket loss to the victim; and the view of the victim/victim's representative relative to disposition/ treatment.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 350.1