§ 360.2. Petition of violation. 1. If at any time during the period of\nan order of probation or conditional discharge the probation service has\nreasonable cause to believe that the respondent has violated a condition\nthereof, it may file a petition of violation.\n 2. The petition must be verified and subscribed by the probation\nservice or the appropriate presentment agency. Such petition must\nstipulate the condition or conditions of the order violated and a\nreasonable description of the time, place and manner in which the\nviolation occurred. Non-hearsay allegations of the factual part of the\npetition or of any supporting depositions must establish, if true, every\nviolation charged.\n 3. The court must promptly take reasonable and appropriate action to\ncause the respondent to appear before it for the purpose of enabling the\ncourt to make a determination with respect to the alleged violation.\nSuch action may include the issuance of a summons under section 312.1 or\nthe issuance of a warrant under section 312.2.\n 4. If a petition is filed under subdivision one, the period of\nprobation as prescribed by section 353.2 or conditional discharge as\nprescribed by section 353.1 shall be interrupted as of the date of the\nfiling of the petition. Such interruption shall continue until a final\ndetermination as to the petition has been made by the court pursuant to\na hearing held in accordance with section 360.3 or until such time as\nthe respondent reaches the maximum age of acceptance into an office of\nchildren and family services facility.\n 5. If the court determines that there was no violation of probation or\nconditional discharge by the respondent, the period of interruption\nshall be credited to the period of probation or conditional discharge,\nas applicable.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.