Probation case plans
§ 722.00 Probation case plans.
1. All juvenile offenders and adolescent offenders shall be notified of the availability of services through the local probation department. Such services shall include the ability of the probation department to conduct a risk and needs assessment, utilizing a validated risk assessment tool, in order to help determine suitable and individualized programming and referrals. Participation in such risk and needs assessment shall be voluntary and the adolescent offender or juvenile offender may be accompanied by counsel during any such assessment. Based upon the assessment findings, the probation department shall refer the adolescent offender or juvenile offender to available and appropriate services.
2. Nothing shall preclude the probation department and the adolescent offender or juvenile offender from entering into a voluntary service plan which may include alcohol, substance use and mental health treatment and services. To the extent practicable, such services shall continue through the pendency of the action and shall further continue where such action is removed in accordance with this article.
3. When preparing a pre-sentence investigation report of any such adolescent offender or juvenile offender, the probation department shall incorporate a summary of any assessment findings, referrals and progress with respect to mitigating risk and addressing any identified needs.
4. The probation service shall not transmit or otherwise communicate to the district attorney or the youth part any statement made by the juvenile or adolescent offender to a probation officer. However, the probation service may make a recommendation regarding the completion of his or her case plan to the youth part and provide such information as it shall deem relevant.
5. No statement made to the probation service may be admitted into evidence at a fact-finding hearing at any time prior to a conviction.
1. All juvenile offenders (JOs) and adolescent offenders (AOs) must be notified of probation services, including a voluntary risk-and-needs assessment (validated tool); the youth may have counsel present. ★ Based on findings, probation refers the youth to services.
2. Probation and the youth may enter a voluntary service plan (alcohol/substance/mental-health treatment), continuing through the case and after removal where practicable.
3. A pre-sentence investigation report for a JO/AO must summarize the assessment findings, referrals, and progress.
4. Probation may not transmit to the DA or youth part any statement the youth made to a probation officer — but may make a recommendation about completing the case plan and share information it deems relevant. ★
5. No statement made to probation may be admitted into evidence at a fact-finding hearing before a conviction. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.