2006 New York Code - Probation, Investigation And Diagnostic Assessment.

 
    §  351.1.  Probation,  investigation  and  diagnostic  assessment.  1.
  Following a determination that a respondent has committed  a  designated
  felony act and prior to the dispositional hearing, the judge shall order
  a  probation investigation and a diagnostic assessment. For the purposes
  of this article, the probation investigation shall include, but  not  be
  limited  to, the history of the juvenile including previous conduct, the
  family situation, any previous psychological  and  psychiatric  reports,
  school  adjustment,  previous social assistance provided by voluntary or
  public agencies and the response of the juvenile to such assistance. For
  the purposes of this article, the diagnostic assessment  shall  include,
  but not be limited to, psychological tests and psychiatric interviews to
  determine  mental  capacity  and  achievement,  emotional  stability and
  mental disabilities. It shall  include  a  clinical  assessment  of  the
  situational  factors  that may have contributed to the act or acts. When
  feasible, expert opinion shall be rendered as to the risk  presented  by
  the  juvenile to others or himself, with a recommendation as to the need
  for a restrictive placement.
    2. Following a determination that a respondent committed a  crime  and
  prior  to  the  dispositional hearing, the court shall order a probation
  investigation and may order a diagnostic assessment.
    3. A child shall not be placed in accord with section 353.3 unless the
  court has ordered a probation investigation prior to  the  dispositional
  hearing; a child shall not be placed in accord with section 353.4 unless
  the court has ordered a diagnostic assessment prior to such hearing.
    4.  When  it  appears  that  such information would be relevant to the
  findings of the court or the order of  disposition,  each  investigation
  report  prepared  pursuant to this section shall contain a victim impact
  statement which shall include an analysis of the victim's version of the
  offense, the extent of injury or economic loss or damage to the  victim,
  including  the  amount of unreimbursed medical expenses, if any, and the
  views of the victim relating to  disposition  including  the  amount  of
  restitution  sought  by  the  victim,  subject  to  availability of such
  information. In the case of a homicide or where the victim is unable  to
  assist   in   the  preparation  of  the  victim  impact  statement,  the
  information may be acquired from the victim's family. Nothing  contained
  in  this section shall be interpreted to require that a victim or his or
  her family supply information for the preparation  of  an  investigation
  report  or  that the dispositional hearing should be delayed in order to
  obtain such information.
    5. (a) All diagnostic assessments and probation investigation  reports
  shall  be  submitted  to  the  court and made available by the court for
  inspection and copying by the presentment agency and the  respondent  at
  least  five  court  days  prior to the commencement of the dispositional
  hearing. All such reports shall be  made  available  by  the  court  for
  inspection  and  copying by the presentment agency and the respondent in
  connection with any appeal in the case.
    (b) The victim impact statement shall be made available to the  victim
  or the victim's family by the presentment agency prior to sentencing.
    6.  All  reports  or  memoranda  prepared or obtained by the probation
  service for the purpose of  a  dispositional  hearing  shall  be  deemed
  confidential  information furnished to the court and shall be subject to
  disclosure solely in  accordance  with  this  section  or  as  otherwise
  provided for by law. Except as provided under section 320.5 such reports
  or  memoranda  shall not be furnished to the court prior to the entry of
  an order pursuant to section 345.1.
    7. The probation services  which  prepare  the  investigation  reports
  shall  be  responsible  for the collection and transmission to the state
  division of probation and correctional  alternatives,  of  data  on  the


  number  of victim impact statements prepared, pursuant to regulations of
  the division. Such information shall be transmitted to the crime victims
  board and included in the board's annual report pursuant to  subdivision
  twenty of section six hundred twenty-three of the executive law.