Consolidation of records within a city having a population of one million or more
§ 385.2. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of law, in a city having a population of one million or more, an index of the records of the local probation departments located in the counties comprising such city for proceedings under article three shall be consolidated and filed in a central office for use by the family court and local probation service in each such county. After consultation with the state administrative judge, the commissioner of the division of criminal justice services in consultation with the director of the office of probation and correctional alternatives shall specify the information to be contained in such index and the organization of such consolidated file.
In a city of one million or more (NYC), local probation JD records are consolidated into a central index for the Family Court and probation across the city's counties.
★ Exam hits:
JD age brackets (§ 301.2):12 to under 18 for crimes; 7 to under 12 only for listed homicides; over 16 for violations. Age is fixed at the time of the act (§ 302.1). An adjudication is NOT a conviction (§ 380.1).
Two hearings, two standards:fact-finding = beyond a reasonable doubt (§ 342.2); disposition = preponderance (§ 350.3). One judge presides through both (§ 340.2, non-waivable).
Speed clocks: detention hearing 72 hrs (§ 307.4); initial appearance detained 72 hrs / not detained 10 days (§ 320.2); probable-cause hearing 3 days from initial appearance / 4 days from filing (§ 325.1); fact-finding detained A/B/C felony 14 days, under class C 3 days, not detained 60 days (§ 340.1); disposition detained non-designated 10 days, else 50 days (§ 350.1). Calendar congestion never excuses delay.
Fingerprinting (§ 306.1):12+ for class A/B felony; 13+ for class C/D/E felony. Appearance-ticket return date: 72 hrs (designated felony) or 14 days otherwise (§ 307.1).
Corroboration traps: no delinquency finding on accomplice testimony alone (§ 343.2), on a confession alone (§ 344.2), or on unsworn child testimony alone (§ 343.1).
Disposition ladder / durations: least-restrictive alternative except designated felonies (§ 352.2); conditional discharge ≤ 1 yr (§ 353.1); probation ≤ 2 yrs (+1) (§ 353.2); placement: felony ≤ 18 mo, misdemeanor ≤ 12 mo (§ 353.3); restitution ≤ $1,500 (§ 353.6). A violation-only youth gets conditional discharge only — no detention/probation/placement.
Restrictive placement (§ 353.5): designated class A = 5 yrs (secure 12–18 mo); other designated felony = 3 yrs (secure 6–12 mo); mandatory if serious injury to a victim 62+; never past the 21st (or 23rd for age-16+ acts) birthday.
Records: favorable termination → seal (§ 375.1); Family Court statements inadmissible in other courts except adult sentencing (§ 381.2); prints destroyed unless felony adjudication (§ 354.1). Counsel must advise of appeal rights in writing and file the notice of appeal (§ 354.2).
CPL doesn't apply unless Article 3 says so (§ 303.1); only a presentment agency can file a petition (§ 310.1); ACD ≤ 6 months and unavailable for designated felonies (§ 315.3).
Verbatim statute: FCA - Article 3
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.
In print
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.