NY Exec L § 261 (2021)
2021 New York Laws EXC - Executive Article 13-A - Alternatives to Incarceration Service Plans 261 - Alternatives to Incarceration Service Plans.

* § 261. Alternatives  to  incarceration  service plans. 1. As used in this article:   a. "Service plan" or "plan" means a county plan designed  to  identify and  provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such  council includes  a  majority  of  those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. The following factors considered, utilized and incorporated  in the plan shall include but not be limited to:  (i)  an  analysis  of  the  jail  population  to assist in determining incarceration practices and trends, including, if submitting an approved amendment pursuant to section two hundred sixty-six of this article,  an analysis  of  the  relationship between alcohol, drugs and crime and the effects of alcohol and substance abuse on  the  local  criminal  justice system   and   jail,   probation   and   alternatives  to  incarceration populations, consistent with  planning  guidelines  established  by  the office;  the  types  and  nature  of alternative programming needed, and appropriate eligibility requirements;  (ii) an analysis of recent overcrowding problems and measures taken by the county to relieve them;  (iii) a summary  of  existing  alternatives  programs  and/or  related services and previous efforts made by the county to develop alternatives to  incarceration and if an approved amendment is submitted, pursuant to section two hundred sixty-six of this article,  a  summary  of  existing alcohol and substance abuse programs;  (iv) a comprehensive plan for the development of alternatives programs that addresses the specific needs identified in subparagraph (i) of this paragraph  and  furthers  the  county's  long-range goals in the area of alternatives to incarceration;  (v) specific proposals for the use of state aid available  under  this chapter,   including   a   description   of  services  to  be  provided, characteristics of the target populations, steps to be taken to identify eligible participants, the  goals  and  objectives  to  be  accomplished through the proposals;  (vi)  a  detailed  time frame for the implementation and evaluation of the specific proposals described in subparagraph (v) of this paragraph;  (vii) a summary of those criteria by which the office  and  the  state commission  of  correction  may  measure  the  proposal's impact on jail overcrowding; and  (viii) any other information which the office may  request  consistent with the purposes of this chapter.   Nothing  in  this  article  shall prohibit the development of regional programs by two or more counties.   b.  "Eligible  programs"  means  existing  programs,  enhancement   of existing  programs  or  initiation  of new programs or, if submitting an approved amendment pursuant to section two  hundred  sixty-six  of  this article,  eligible  alcohol  and  substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court,  public officers  or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services which  exceed those   probation   services  otherwise  required  to  be  performed  in accordance with applicable law, rule or regulation of  the  division  of criminal  justice  services subject to the provisions of this article; a pre-trial alternative to detention program,  including  a  comprehensive pre-arraignment  program  which  screens all defendants and ensures that  the court is fully advised of the  availability  of  alternatives  based upon  the  defendant's  suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail  review program;   alternatives  to  post-adjudicatory  incarceration  programs, including community service, substance  abuse  or  alcohol  intervention programs;  and  management  information  systems designed to improve the county's ability to identify appropriate  persons  for  alternatives  to detention  or  incarceration,  as well as for improved classification of persons within jail. For purposes of this paragraph,  community  service programs  may  place  persons  performing community service at worksites identified by  the  commissioner  of  the  department  of  environmental conservation and the commissioner of the office of parks, recreation and historic preservation.   c. "Eligible  alcohol  and  substance  abuse  programs" means eligible programs which serve to assist the courts, public officers and others in identifying  and  avoiding  inappropriate  incarceration  by   providing services  to  offenders  who  have  or  have had a history of alcohol or substance abuse and who, having been charged  with  or  convicted  of  a felony  are  also  at  risk  of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced  offender,  a probation violator, or a parole violator. Such services may include, but shall  not  be  limited to programs and services that provide treatment, care or rehabilitative services, either residential or  out-patient,  to such offenders, or programs and services that provide for the purpose of developing  individualized  service  plans  to  address  such offender's alcohol or substance  abuse  problem,  or  programs  and  services  that provide  referrals  and  other  linkages  to  alcohol or substance abuse programs to such offenders.   d. "Inappropriate incarceration" means instances where a person is  or is about to be confined or otherwise held in custody prior to trial on a criminal  charge,  or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of  commitment,  and where  the purposes of such confinement would be adequately served by an alternative to incarceration.   e. "Approved plan" means a plan submitted by the county executive upon approval by the advisory board or council and by the  local  legislative body,  which  has been determined by the office to meet the requirements set forth in paragraph a of this subdivision.   f. "Approved amendment" means an amendment  submitted  by  the  county executive  upon  approval  by  the  advisory board or council and by the local legislative body, which has been determined  by  the  division  to meet  the  requirements  set  forth  in  section  266 of this article to provide eligible alcohol and substance abuse programs.   g. "Advisory board" means  that  body  established  pursuant  to  this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section.   h. "County  executive"  means  a county administrator, county manager, county director or county president and in cities with a  population  of one million or more, the mayor.   i.   "Office"   means   the   office  of  probation  and  correctional alternatives.   2. Every advisory board established for purposes of this article shall include the following persons or their representatives:   a. County court judge, as appointed by the  administrative  judge  for that  county;  in  cities  with  a  population of one million or more, a supreme court judge, as appointed by the administrative judge  for  that city;    b. Police court, district court, town court or village court judge, as appointed  by  the administrative judge of that county; in cities with a population of one million or more, a criminal court judge, as  appointed by the administrative judge for that city;   c.  The  district attorney; in cities with a population of one million or more, the  district  attorney  shall  be  selected  by  the  district attorneys of the five boroughs to represent their joint views;   d.  A  representative of each of the agencies providing legal services to those unable to afford counsel in criminal cases, not to exceed two;   e. County legislator or member of the county board of supervisors  or, in  cities  of  one million of more, city councilman who chairs a public safety committee, or the committee  best  designed  to  deal  with  this subject, should such a committee exist;   f.  County  director  of probation; in cities with a population of one million or more, the commissioner of the department of probation;   g. Chief administrative officer;   h. A representative of local police agencies,  other  than  the  chief administrative  officer,  selected  by the heads of all such agencies to represent their joint views; in cities with a population of one  million or more, the police commissioner;   i.  Representative of a private organization operating within a county who has experience and  involvement  in  alternatives  to  incarceration programs  or  pre-trial  service  programs,  as designated by the county executive;   j. Ex-offender and a crime  victim,  each  designated  by  the  county executive;   k. County executive;   l.  The  director of community services as defined in section 41.03 of the mental hygiene law; and   m. An individual within a county who provides state certified  alcohol and/or substance abuse treatment programs or services.   Prior  to  any  official  action  by  the  board, all members shall be designated. The chairperson shall be the county executive or his or  her duly  designated  representative.  In  cities  with  a population of one million or more, a single advisory board shall be established.   * NB Repealed September 1, 2023