NY Exec L § 256 (2021)
2021 New York Laws EXC - Executive Article 12-A - Probation Officers and Related Matters 256 - Local Probation Departments.

§ 256. Local  probation  departments. 1. Each county shall maintain or provide for a probation agency or agencies to perform probation services therein,  including   intake,   investigation,   pre-sentence   reports, supervision,  conciliation, social treatment and such other functions as are assigned to probation agencies pursuant to law.   2. The board of supervisors or county legislatures  of  a  county  may establish a county probation department in which there may be merged and consolidated  the responsibility for carrying out the probation work for all matters under the jurisdiction of the  family  court,  the  superior courts  and  the  local  criminal  courts  in and for the county. In any county where the board of supervisors or county  legislatures  does  not establish  a  probation  department to perform all probation work in the county, as hereinabove provided, separate probation departments to carry out the probation work for matters under the jurisdiction of  particular courts  may  be  established  and  there  may be merged and consolidated therein the probation work for matters under the jurisdiction of two  or more  courts.  Any  probation  department  that  does  not  perform  all probation work in the county shall be known as the probation  department for the court or courts it is to serve.   3.  Two  or more counties may by agreement between the local governing bodies thereof provide for the establishment, operation and  maintenance of  a  joint  county  probation  department. Any probation department so established shall have charge of all probation work in and for  all  the courts in said counties. If any such county or court therein included in the  agreement  shall  already  have a probation service, such agreement shall provide that all officers and  employees  in  such  service  shall retain their civil service status and be transferred to the joint county probation service without further examination or qualification, provided however  that,  subject  to  the  civil  service law, such agreement may provide for the abolition of existing unnecessary offices  or  positions and  the transfer of officers and employees to comparable positions. Any such agreement shall provide for the proportionate cost,  including  but not limited to salaries and employer's retirement contributions, of such joint  county  probation  service  to  be  borne  by each county and may provide that the treasurer of one county participating in such agreement shall be the custodian of the moneys made available for expenditure  for the  purposes  of  such  joint  county  probation  service and that such treasurer may make payments from such  moneys  for  such  purposes  upon audit  of  the appropriate auditing officer or body of such county. Such agreement may provide for such other matters as are necessary and proper to effectuate the purposes of this subdivision.   4. A probation department established pursuant to this  section  shall consist  of  a  director  of  probation  and such deputies, supervisors, probation officers and other employees as may be appointed  pursuant  to the provisions of this section and the provisions of section two hundred fifty-seven of this chapter.   5.  The  director  of  each  probation  department, other than a joint county department, shall be appointed by the chief executive officer  of the county. The director of a joint county probation department shall be appointed  by  agreement  between  the  chief  executive officers of the counties participating in such agreement or a majority of  them  and  in the  event  of  a  deadlock  the director of the office of probation and correctional  alternatives  shall  participate  in  the  making  of  the decision. Where a county has no chief executive officer, the appointment of,  or agreement to appoint, the director shall be made by the chairman of the board of supervisors or county legislatures. The  director  of  a probation  department  shall  have  the  power  to appoint all deputies, supervisors, probation officers and other employees in  such  department  within   appropriations   made   available  therefor  by  the  board  of supervisors or county legislatures. The board of supervisors  or  county legislatures  shall  fix the salaries of all personnel in the department and  make  the  necessary  appropriations  therefor  as  well as for the expenses  actually  and  necessarily  incurred  by  such  officers   and employees  in  the  performance  of their duties. In the case of a joint county department the salaries of personnel and  the  amounts  of  other expenditures  to be made available for operation of the department shall be set forth in the agreement between the counties, and  the  boards  of supervisors   or  county  legislatures  shall  make  the  appropriations required for the respective proportionate costs thereof.   6.  (a)  Each  probation  agency  or  department  and  state  operated probation  services shall provide for intake, investigation, supervision and conciliation services relating to custody, visitation and  paternity proceedings  and  may  provide  for such services in support proceedings under the provisions of articles four,  five,  five-A  and  six  of  the family court act. For purposes of this subdivision, intake services: (i) relating  to  support  proceedings  under  article  four and relating to paternity proceedings under articles five and five-A of the family court act, shall include referral to the office of  temporary  and  disability assistance's  child  support enforcement unit in cases where a person is applying for or receiving public assistance or where a person chooses to utilize the services of such unit; (ii) relating to support  proceedings under  article  four  of  the  family  court act, shall include services rendered to the payors of support orders seeking to modify such orders.  (b) Each probation agency or department is authorized to enter into  a contract  with  the  appropriate  local social services district for the performance  of  the  functions  of  the  support  collection  unit,  in accordance  with  the  provisions of section one hundred eleven-h of the social services law.   7. The provisions of this section shall not apply to any  county  that is  located wholly within a city; provided, however, that the provisions of subdivision six of this section shall apply in  like  manner  to  any county that is located wholly within a city.