NY Exec L § 246 (2021)
2021 New York Laws EXC - Executive Article 12 - Office of Probation and Correctional Alternatives 246 - State Aid for Probation Services.

§ 246.  State  aid for probation services. 1. The program of state aid   to county probation services shall be administered by  the  division  of   criminal  justice  services  with  the  advice  of  the  state probation   commission and the director of the office of probation and  correctional   alternatives.  Funds  appropriated  to  the division for distribution as   state aid to county probation services and to the probation services  of   New  York  city  shall be distributed by the division in accordance with   rules and regulations adopted by the commissioner  of  the  division  of   criminal  justice  services  after consultation with the state probation   commission and the director of the office of probation and  correctional   alternatives.2.  State  aid  shall  be  granted  to  the  city  of New York and the   respective counties outside the city of New York for expenditures to  be   incurred  by  the  county  or  city  in  maintaining and improving local   probation services subject to amounts  appropriated  for  this  purpose.   State  aid  grants  shall  not  be  used  for  expenditures  for capital   additions or  improvements,  or  for  debt  service  costs  for  capital   improvements.State  aid  shall  be  granted  by the commissioner of the division of   criminal justice services after consultation with  the  state  probation   commission  and the director of the office of probation and correctional   alternatives, provided the respective counties or the city of  New  York   conform  to  standards  relating  to  the  administration  of  probation   services as adopted by the commissioner  of  the  division  of  criminal   justice  services after consultation with the state probation commission   and  the  director  of  the  office  of   probation   and   correctional   alternatives.3.  Applications  from  counties or the city of New York for state aid   under this section shall be made by filing with the division of criminal   justice services, a detailed plan,  including  cost  estimates  covering   probation  services for the fiscal year or portion thereof for which aid   is requested. Included in such estimates shall  be  clerical  costs  and   maintenance  and  operation  costs  as  well  as  salaries  of probation   personnel and such other pertinent information as  the  commissioner  of   the  division  of criminal justice services may require. Items for which   state aid is requested under this section shall be  duly  designated  in   the  estimates  submitted.  The commissioner of the division of criminal   justice services, after consultation with the state probation commission   and  the  director  of  the  office  of   probation   and   correctional   alternatives,  shall  approve  such  plan  if  it  conforms to standards   relating to the administration of probation services as specified in the   rules adopted by him or her.4. An approved plan and compliance  with  standards  relating  to  the   administration  of probation services promulgated by the commissioner of   the division of criminal justice services shall  be  a  prerequisite  to   eligibility for state aid.* The  commissioner  of  the division of criminal justice services may   take  into  consideration  granting  additional  state   aid   from   an   appropriation  made  for  state  aid  for  county probation services for   counties or the city of New York when a county or the city of  New  York   demonstrates  that  additional  probation  services  were  dedicated  to   intensive supervision programs and intensive programs for sex offenders.   The commissioner shall grant additional state aid from an  appropriation   dedicated   to  juvenile  risk  intervention  services  coordination  by   probation departments which  shall  include,  but  not  be  limited  to,   probation  services  performed  under  article three of the family court   act.  The  administration  of  such  additional  grants  shall  be  made   according  to  rules  and regulations promulgated by the commissioner of    the division of criminal justice services. Each county and the  city  of   New  York  shall  certify the total amount collected pursuant to section   two hundred fifty-seven-c of  this  chapter.  The  commissioner  of  the   division  of  criminal  justice  services shall thereupon certify to the   comptroller for payment by the state out of funds appropriated for  that   purpose, the amount to which the county or the city of New York shall be   entitled  under  this  section.  The  commissioner  shall, subject to an   appropriation made available for such  purpose,  establish  and  provide   funding  to  probation  departments  for  a  continuum of evidence-based   intervention  services  for  youth  alleged  or   adjudicated   juvenile   delinquents  pursuant  to  article  three of the family court act or for   eligible youth before or sentenced under the youth  part  in  accordance   with the criminal procedure law. Such additional state aid shall be made   in  an  amount  necessary to pay one hundred percent of the expenditures   for  evidence-based  practices  and  juvenile  risk  and  evidence-based   intervention  services  provided  to youth sixteen years of age or older   when such services would not otherwise have  been  provided  absent  the   provisions  of  a  chapter  of  the  laws of two thousand seventeen that   increased the age of juvenile jurisdiction.* NB Effective until September 1, 2023* The commissioner of the division of criminal  justice  services  may   take   into   consideration   granting  additional  state  aid  from  an   appropriation made for state  aid  for  county  probation  services  for   counties  or  the city of New York when a county or the city of New York   demonstrates  that  additional  probation  services  were  dedicated  to   intensive supervision programs and intensive programs for sex offenders.   The  commissioner shall grant additional state aid from an appropriation   dedicated  to  juvenile  risk  intervention  services  coordination   by   probation  departments  which  shall  include,  but  not  be limited to,   probation services performed under article three  of  the  family  court   act.  The  administration  of  such  additional  grants  shall  be  made   according to rules and regulations promulgated by  the  commissioner  of   the  division  of criminal justice services. Each county and the city of   New York shall certify the total amount collected  pursuant  to  section   two  hundred  fifty-seven-c  of  this  chapter.  The commissioner of the   division of criminal justice services shall  thereupon  certify  to  the   comptroller  for payment by the state out of funds appropriated for that   purpose, the amount to which the county or the city of New York shall be   entitled under this section.  The  commissioner  shall,  subject  to  an   appropriation  made  available  for  such purpose, establish and provide   funding to probation  departments  for  a  continuum  of  evidence-based   intervention   services   for  youth  alleged  or  adjudicated  juvenile   delinquents pursuant to article three of the family  court  act  or  for   eligible  youth  before  or sentenced under the youth part in accordance   with the criminal procedure law.* NB Effective September 1, 2023* 5. Any county or city that does not have an approved  plan  pursuant   to  section  two hundred forty-three-a of this chapter may establish and   implement expedited procedures for the probation  service  to  determine   that  a  child  is  the subject of a petition under article seven of the   family court act or at risk of being the subject of such a petition, and   for a social services official to  determine  eligibility  for  mandated   preventive  services  pursuant  to  paragraph  (a) of subdivision one of   section four hundred nine-a of the social services law for a  child  who   is  the  subject  of  a petition pursuant to article seven of the family   court act, or is determined by an assessment unit to be at risk of being   the subject of a petition,  and  is  determined  by  a  social  services   official to be at risk of placement into foster care. * NB Effective until June 30, 2022* 5.  Any  county or city that does not have an approved plan pursuant   to section two hundred forty-three-a of this chapter may  establish  and   implement  expedited  procedures  for the probation service to determine   that a child is the subject of a petition under  article  seven  of  the   family court act or at risk of being the subject of such a petition, and   for  a  social  services  official to determine eligibility for mandated   preventive services pursuant to paragraph  (a)  of  subdivision  one  of   section  four  hundred nine-a of the social services law for a child who   is the subject of a petition pursuant to article  seven  of  the  family   court act, or is determined by an assessment unit to be at risk of being   the  subject  of  a  petition,  and  is  determined by a social services   official according to standards promulgated pursuant  to  section  three   hundred  ninety-eight-b  of  the  social  services  law to be at risk of   placement into foster care.* NB Effective June 30, 20226.  The  director,  after  consultation  with  the   state   probation   commission,  may  authorize  or  require the comptroller to withhold the   payment of state aid to any county, or the city  of  New  York,  in  the   event that such county, or the city of New York, (a) fails to conform to   standards  of  probation  administration  as  formulated by the director   pursuant to this  section,  (b)  discontinues  or  fails  to  follow  an   approved  plan,  or  (c) fails to enforce in a satisfactory manner rules   promulgated pursuant to this section, or laws now in effect or hereafter   adopted which relate in any manner to the  administration  of  probation   services.