§ 306.1 — Fingerprinting of certain alleged juvenile delinquents

New York § 306.1

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Preliminary Procedures
• Art. 3: Juvenile Delinquency

Text

§ 306.1. Fingerprinting of certain alleged juvenile delinquents. 1.\nFollowing the arrest of a child alleged to be a juvenile delinquent, or\nthe filing of a delinquency petition involving a child who has not been\narrested, the arresting officer or other appropriate police officer or\nagency shall take or cause to be taken fingerprints of such child if:\n (a) the child is at least twelve years of age and the crime which is\nthe subject of the arrest or which is charged in the petition\nconstitutes a class A or B felony; or\n (b) the child is thirteen years of age or older and the crime which is\nthe subject of the arrest or which is charged in the petition\nconstitutes a class C, D or E felony.\n 2. Whenever fingerprints are required to be taken pursuant to\nsubdivision one, the photograph and palmprints of the arrested child may\nalso be taken.\n 3. The taking of fingerprints, palmprints, photographs, and related\ninformation concerning the child and the facts and circumstances of the\nacts charged in the juvenile delinquency proceeding shall be in\naccordance with standards established by the commissioner of the\ndivision of criminal justice services and by applicable provisions of\nthis article.\n 4. Upon the taking of fingerprints pursuant to subdivision one the\nappropriate officer or agency shall, without unnecessary delay, forward\nsuch fingerprints to the division of criminal justice services and shall\nnot retain such fingerprints or any copy thereof. Copies of photographs\nand palmprints taken pursuant to this section shall be kept confidential\nand only in the exclusive possession of such law enforcement agency,\nseparate and apart from files of adults.\n