N.Y. EXC Law § 261 — New York Code / Act EXC / Article 13-A / Section 261
Alternatives to incarceration service plans
Status: in_force

* § 261. Alternatives to incarceration service plans. 1. As used in\nthis article:\n  a. "Service plan" or "plan" means a county plan designed to identify\nand provide eligible programs as determined by either an advisory board\nestablished pursuant to this article, or by an existing criminal justice\ncoordinating council, provided, however, the membership of such council\nincludes a majority of those persons set forth in subdivision two of\nthis section, provided that one person shall be the chief administrative\nofficer. The following factors considered, utilized and incorporated in\nthe plan shall include but not be limited to:\n  (i) an analysis of the jail population to assist in determining\nincarceration practices and trends, including, if submitting an approved\namendment pursuant to section two hundred sixty-six of this article, an\nanalysis of the relationship between alcohol, drugs and crime and the\neffects of alcohol and substance abuse on the local criminal justice\nsystem and jail, probation and alternatives to incarceration\npopulations, consistent with planning guidelines established by the\noffice; the types and nature of alternative programming needed, and\nappropriate eligibility requirements;\n  (ii) an analysis of recent overcrowding problems and measures taken by\nthe county to relieve them;\n  (iii) a summary of existing alternatives programs and/or related\nservices and previous efforts made by the county to develop alternatives\nto incarceration and if an approved amendment is submitted, pursuant to\nsection two hundred sixty-six of this article, a summary of existing\nalcohol and substance abuse programs;\n  (iv) a comprehensive plan for the development of alternatives programs\nthat addresses the specific needs identified in subparagraph (i) of this\nparagraph and furthers the county's long-range goals in the area of\nalternatives to incarceration;\n  (v) specific proposals for the use of state aid available under this\nchapter, including a description of services to be provided,\ncharacteristics of the target populations, steps to be taken to identify\neligible participants, the goals and objectives to be accomplished\nthrough the proposals;\n  (vi) a detailed time frame for the implementation and evaluation of\nthe specific proposals described in subparagraph (v) of this paragraph;\n  (vii) a summary of those criteria by which the office and the state\ncommission of correction may measure the proposal's impact on jail\novercrowding; and\n  (viii) any other information which the office may request consistent\nwith the purposes of this chapter.\n  Nothing in this article shall prohibit the development of regional\nprograms by two or more counties.\n  b. "Eligible programs" means existing programs, enhancement of\nexisting programs or initiation of new programs or, if submitting an\napproved amendment pursuant to section two hundred sixty-six of this\narticle, eligible alcohol and substance abuse programs as defined in\nparagraph c of this subdivision which serve to assist the court, public\nofficers or others in identifying and avoiding the inappropriate use of\nincarceration. Such programs may be administered by either the county or\nprivate, community-based organizations and may include, but shall not be\nlimited to: new or enhanced specialized probation services which exceed\nthose probation services otherwise required to be performed in\naccordance with applicable law, rule or regulation of the division of\ncriminal justice services subject to the provisions of this article; a\npre-trial alternative to detention program, including a comprehensive\npre-arraignment program which screens all defendants and ensures that\nthe court is fully advised of the availability of alternatives based\nupon the defendant's suitability and needs prior to its determination\nregarding the issuance of a securing order, or an effective bail review\nprogram; alternatives to post-adjudicatory incarceration programs,\nincluding community service, substance abuse or alcohol intervention\nprograms; and management information systems designed to improve the\ncounty's ability to identify appropriate persons for alternatives to\ndetention or incarceration, as well as for improved classification of\npersons within jail. For purposes of this paragraph, community service\nprograms may place persons performing community service at worksites\nidentified by the commissioner of the department of environmental\nconservation and the commissioner of the office of parks, recreation and\nhistoric preservation.\n  c. "Eligible alcohol and substance abuse programs" means eligible\nprograms which serve to assist the courts, public officers and others in\nidentifying and avoiding inappropriate incarceration by providing\nservices to offenders who have or have had a history of alcohol or\nsubstance abuse and who, having been charged with or convicted of a\nfelony are also at risk of incarceration as a pre-trial detainee, a\ndeterminate sentenced offender, an indeterminate sentenced offender, a\nprobation violator, or a parole violator. Such services may include, but\nshall not be limited to programs and services that provide treatment,\ncare or rehabilitative services, either residential or out-patient, to\nsuch offenders, or programs and services that provide for the purpose of\ndeveloping individualized service plans to address such offender's\nalcohol or substance abuse problem, or programs and services that\nprovide referrals and other linkages to alcohol or substance abuse\nprograms to such offenders.\n  d. "Inappropriate incarceration" means instances where a person is or\nis about to be confined or otherwise held in custody prior to trial on a\ncriminal charge, or pursuant to a sentence imposed upon conviction for\nan offense, or pursuant to any criminal court order of commitment, and\nwhere the purposes of such confinement would be adequately served by an\nalternative to incarceration.\n  e. "Approved plan" means a plan submitted by the county executive upon\napproval by the advisory board or council and by the local legislative\nbody, which has been determined by the office to meet the requirements\nset forth in paragraph a of this subdivision.\n  f. "Approved amendment" means an amendment submitted by the county\nexecutive upon approval by the advisory board or council and by the\nlocal legislative body, which has been determined by the division to\nmeet the requirements set forth in section 266 of this article to\nprovide eligible alcohol and substance abuse programs.\n  g. "Advisory board" means that body established pursuant to this\nsection or a criminal justice coordinating council whose members include\nthe chief administrative officer and a majority of the members set forth\nin subdivision two of this section.\n  h. "County executive" means a county administrator, county manager,\ncounty director or county president and in cities with a population of\none million or more, the mayor.\n  i. "Office" means the office of probation and correctional\nalternatives.\n  2. Every advisory board established for purposes of this article shall\ninclude the following persons or their representatives:\n  a. County court judge, as appointed by the administrative judge for\nthat county; in cities with a population of one million or more, a\nsupreme court judge, as appointed by the administrative judge for that\ncity;\n  b. Police court, district court, town court or village court judge, as\nappointed by the administrative judge of that county; in cities with a\npopulation of one million or more, a criminal court judge, as appointed\nby the administrative judge for that city;\n  c. The district attorney; in cities with a population of one million\nor more, the district attorney shall be selected by the district\nattorneys of the five boroughs to represent their joint views;\n  d. A representative of each of the agencies providing legal services\nto those unable to afford counsel in criminal cases, not to exceed two;\n  e. County legislator or member of the county board of supervisors or,\nin cities of one million of more, city councilman who chairs a public\nsafety committee, or the committee best designed to deal with this\nsubject, should such a committee exist;\n  f. County director of probation; in cities with a population of one\nmillion or more, the commissioner of the department of probation;\n  g. Chief administrative officer;\n  h. A representative of local police agencies, other than the chief\nadministrative officer, selected by the heads of all such agencies to\nrepresent their joint views; in cities with a population of one million\nor more, the police commissioner;\n  i. Representative of a private organization operating within a county\nwho has experience and involvement in alternatives to incarceration\nprograms or pre-trial service programs, as designated by the county\nexecutive;\n  j. Ex-offender and a crime victim, each designated by the county\nexecutive;\n  k. County executive;\n  l. The director of community services as defined in section 41.03 of\nthe mental hygiene law; and\n  m. An individual within a county who provides state certified alcohol\nand/or substance abuse treatment programs or services.\n  Prior to any official action by the board, all members shall be\ndesignated. The chairperson shall be the county executive or his or her\nduly designated representative. In cities with a population of one\nmillion or more, a single advisory board shall be established.\n  * NB Repealed September 1, 2027\n