Section 320.6. The initial appearance; referral to the probation service  


Latest version.
  • 1.
      If the petition alleges the commission of a designated felony act or the
      commission  of  a crime enumerated in subdivision four of section 308.1,
      the probation service shall make a recommendation to the  court  at  the
      initial  appearance  regarding  the  suitability  of  adjusting the case
      pursuant to section 308.1.
        2. At the initial appearance the court may, with the  consent  of  the
      victim  or complainant and the respondent, refer a case to the probation
      service for adjustment services. In the  case  of  a  designated  felony
      petition the consent of the presentment agency shall also be required to
      refer a case to probation services for adjustment services.
        3.  If  the  court  refers a case to the probation service pursuant to
      this section and the probation service adjusts the  case,  the  petition
      shall be dismissed.
        4.  If  such case is referred to the probation service, the provisions
      of section 308.1, except subdivision thirteen thereof, shall apply.