Section 315.3. Adjournment in contemplation of dismissal


Latest version.
  • 1. Except where
      the petition alleges that the  respondent  has  committed  a  designated
      felony act, the court may at any time prior to the entering of a finding
      under  section  352.1  and with the consent of the respondent order that
      the  proceeding  be  "adjourned  in  contemplation  of  dismissal".   An
      adjournment  in  contemplation  of  dismissal  is  an adjournment of the
      proceeding, for a period not to  exceed  six  months,  with  a  view  to
      ultimate  dismissal  of  the  petition  in  furtherance of justice. Upon
      issuing such an order, providing such terms and conditions as the  court
      deems appropriate, the court must release the respondent. The court may,
      as a condition of an adjournment in contemplation of dismissal order, in
      cases  where  the  record  indicates that the consumption of alcohol may
      have been a contributing factor, require the respondent  to  attend  and
      complete  an alcohol awareness program established pursuant to paragraph
      six-a of subdivision (a) of section 19.07 of  the  mental  hygiene  law.
      Upon  ex parte motion by the presentment agency, or upon the court's own
      motion, made at the time the order is issued or at any time  during  its
      duration,  the  court  may  restore  the  matter to the calendar. If the
      proceeding is not restored, the petition is, at the  expiration  of  the
      order,  deemed  to  have  been  dismissed by the court in furtherance of
      justice.
        2. Rules of court shall define the permissible  terms  and  conditions
      which  may  be  included in an order that the proceeding be adjourned in
      contemplation of dismissal; such permissible terms  and  conditions  may
      include  supervision  by  the  probation service, a requirement that the
      respondent cooperate with a mental  health,  social  services  or  other
      appropriate  community facility or agency to which the respondent may be
      referred and a requirement that the respondent comply  with  such  other
      reasonable  conditions  as  the court shall determine to be necessary or
      appropriate to ameliorate the conduct which gave rise to the  filing  of
      the  petition  or  to  prevent placement with the commissioner of social
      services or the division for youth.
        3. An order adjourning a petition in contemplation of dismissal may be
      issued upon motion of the presentment agency, the court itself,  or  the
      respondent.    Upon  issuing such an order, the court must set forth its
      reasons therefor upon the record.