§ 315.3. Adjournment in contemplation of dismissal. 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 of
subdivision (a) of section 19.07 of the mental hygiene law. The court
may, as a condition of an adjournment in contemplation of dismissal
order, in cases where the record indicates that the respondent is an
eligible person as defined in section four hundred fifty-eight-l of the
social services law and has allegedly committed an eligible offense as
defined in such section, direct the respondent to attend and complete an
education reform program established pursuant to section four hundred
fifty-eight-l of the social services 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.

4. Where an order of fact-finding that includes solely a violation as
defined in subdivision three of section 10.00 of the penal law committed
by a juvenile sixteen years of age or, commencing on October first, two
thousand nineteen, seventeen years of age, has been entered pursuant to
section 345.1 of this article, there shall be a rebuttable presumption
that the court shall adjourn the case in contemplation of dismissal
pursuant to this section, refer the case to the probation service for
adjustment services pursuant to section 320.6 of this article or dismiss
the case pursuant to subdivision two of section 352.1 of this article.