Juveniles on probation who are charged with additional offenses cannot have their probation revoked without a petition from the Department of Probation, supported by non-hearsay allegations, and a full hearing, a unanimous state appellate panel ruled last week, rejecting Family Court judges’ “not unusual” practice of addressing alleged violations of probation through other means.
In Matter of Rayshawn P., 7477A, Appellate Division, First Department, Justice David Friedman (See Profile) wrote on Nov. 29 that the only way to prosecute a violation of probation, or VOP, is under Family Court Act §360, which was made expressly for that purpose, and not through §355, a less stringent, more general statute allowing judges to modify dispositions due to a “substantial change of circumstances.”
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