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NY S03831
Bill
Status
2/21/2013
Primary Sponsor
Patrick Gallivan
Click for details
AI Summary
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Permits restoration of adjournment in contemplation of dismissal cases to the calendar through a verified petition process rather than only ex parte motion, with the respondent entitled to notice, hearing, and counsel.
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Requires the presentment agency to prove by competent evidence that a respondent violated an important condition of the adjournment order without just cause; if the petition is granted, the adjournment period is interrupted until the court determines the petition.
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Establishes procedures for violation petitions regarding probation and suspended judgment, including requirements that petitions be verified, specify violated conditions with factual details, and that courts hold hearings where respondents have full right to counsel and cross-examination.
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Clarifies that courts cannot revoke probation or suspended judgment orders unless finding by competent proof that the respondent violated a condition in an important respect without just cause and had an opportunity to be heard.
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Takes effect 90 days after enactment and applies to adjournment in contemplation of dismissal orders and violation petitions filed on or after the effective date.
Legislative Description
Relates to actions in contemplation of dismissal in juvenile delinquency and persons in need of supervision cases.
Last Action
COMMITTED TO RULES
6/20/2014