Int. No. 1104
By Council Member Brooks-Powers
A Local Law to amend the administrative code of the city of New York, in relation to providing youth accused of crimes with information about the criminal legal process
Be it enacted by the Council as follows:
Section 1. Chapter 2 of title 9 of the administrative code of the city of New York is amended by adding a new section 9-209 to read as follows:
§ 9-209 Information for youth regarding the criminal legal process. a. Definitions. For purposes of this section, the following terms have the following meanings:
Adjust. The term “adjust” has the same meaning as in subdivision a of section 9-208.
Commissioner. The term “commissioner” means the commissioner of probation.
Department. The term “department” means the department of probation.
Fact-finding hearing. The term “fact-finding hearing” has the same meaning as in subdivision 6 of section 301.2 of the family court act.
Presentment agency. The term “presentment agency” means the corporation counsel, or any other entity designated to present a case in support of a petition before the family court pursuant to section 254 of the family court act.
Youth. The term “youth” means an individual less than 18 years old.
b. Notice. For any youth accused of a crime whose case may originate in, or be removed to, family court, the commissioner shall prepare a notice regarding information related to the criminal legal process, including, but not limited to, information regarding recommendations to adjust cases, referrals of cases to the presentment agency to determine whether a notice of intent to file will be issued, the requirements of any presentencing report to be submitted prior to a sentencing hearing, and potential dispositions of the case when such case is not adjusted. Such notice shall similarly include information regarding organizations that provide legal representation to youth in family court and criminal court proceedings that such youth may contact. The commissioner shall provide any youth accused of a crime whose case may originate in, or be removed to, family court, or the parent or guardian of such youth, such notice as soon as the commissioner becomes aware of such youth, but in any event no later than at any initial intake interview between such youth and a representative of the department. Any notices required by this subdivision shall be in addition, not in lieu of, any notice or advisement required by state law or court rule.
c. Rights. At the initiation of any intake interview, the commissioner shall inform any youth accused of a crime whose case may originate in, or be removed to, family court, and the parent or guardian of such youth, of the following:
(a) Information provided to the department during the intake interview may be used in determining whether to adjust such youth’s case;
(b) Information, including reports of the arresting officer and recommendations on whether to adjust such youth’s case, may be provided to the presentment agency for further investigation;
(c) Statements made by such youth during the intake interview will not be communicated to the presentment agency by the department;
(d) Statements made to the department prior to the filing of any petition by the presentment agency cannot be admitted into evidence at a fact-finding hearing;
(e) Statements made to the department prior to the filing of any petition by the presentment agency cannot be admitted into evidence prior to conviction when such case has been transferred to criminal court; and
(f) What, if any, paperwork or other materials such youth or the parent or guardian of such youth may decline to sign.
§ 2. This local law takes effect 90 days after it becomes law.
JMF
LSR #24063
10/2/2026 12:57 PM