2023 New York Laws › EXC - Executive › Article 13-A - Alternatives to Incarceration Service Plans › 265 - Further Authority of the Office; State Assistance.

* § 265. Further  authority  of  the  office;  state assistance. 1. In
administering the provisions of this article,  the  office  may  perform
such  other  and  further  acts and recommend to the commissioner of the
division of criminal justice services  such  rules  and  regulations  it
deems  necessary,  proper  or desirable to carry out the purpose of this
article and not otherwise inconsistent with the other provisions of this
article, chapter or any other provision of law. This shall include,  but
not   be   limited   to,   the  office's  consultation  with  the  chief
administrative judge of the office of court administration, the chairman
of the state commission of correction and the commissioner of alcoholism
and substance abuse services.
2. a. For the purpose of carrying out this article state assistance of
not less than fourteen million dollars shall be made available to cities
with a population of one million or more and to  counties  outside  such
cities in amounts to be determined; provided, however, that of the total
amount  available  herein,  not less than seven million dollars shall be
made available as follows:
(i) for each county with  a  population  under  one  hundred  thousand
persons,  a minimum of twenty thousand dollars or that percentage of the
total dollar amount available which is equal to the percentage that  the
population  of  such  county  bears to the total population of the state
determined on the basis of the most  recent  available  federal  census,
whichever is greater;
(ii)  for  each county with a population over one hundred thousand and
under three hundred  thousand  persons,  a  minimum  of  sixty  thousand
dollars or that percentage of the total dollar amount available which is
equal  to the percentage that the population of such county bears to the
total population of the state determined on the basis of the most recent
available federal census, whichever is greater;
(iii) for each county with a population over  three  hundred  thousand
persons  not  entirely  included  within  a city, that percentage of the
total dollar amount available which is equal to the percentage that  the
population  of  such  county  bears to the total population of the state
determined on the basis of the most recent available federal census; and
(iv) for each city with a population  of  one  million  or  more,  the
amount  of the total dollar amount available by this paragraph remaining
after the deduction of the amounts apportioned pursuant to the preceding
subparagraphs of this paragraph.
b. Except as  provided  in  section  two  hundred  sixty-six  of  this
article,  applications for such assistance must be made and submitted no
later than one hundred eighty days  after  the  effective  date  of  the
chapter  of the laws of nineteen hundred eighty-eight which amended this
paragraph and added these words or by the first day  of  April  of  each
subsequent  year and shall be either approved or denied by the office no
later than sixty days following such submission. Any part of the  moneys
so  made  available  and not apportioned pursuant to a plan approved and
contract entered into with the office within the  time  limits  required
shall  be  apportioned by the office in its discretion to such a city or
counties  on  a  need  basis,  taking  into  consideration  incarcerated
individual population or prior commitment by a county in the development
of alternatives to detention or incarceration programs.
3.  The  office  may  receive  applications  from  and  may enter into
contracts with municipalities to undertake implementation of the service
plan and any such municipality may enter into a contract with the office
and with such private organization or organizations  for  such  purpose.
Except as provided in section two hundred sixty-six of this article, any
such  contract  may include such provisions as may be agreed upon by the
parties thereto, but shall include in substance at least the following:
a. An estimate of the reasonable cost and  need  of  the  programs  as
approved by the office;
b.  In the first year of the approved service plan an agreement by the
office to reimburse to the municipality  up  to  fifty  percent  of  the
state's share of the costs at the initial approval of the plan; one-half
of  the  remaining fifty percent of the state's share shall be allocated
to municipalities during the implementation of the plan, provided  there
is  substantial  compliance  with timetables and any other provisions of
the plan deemed necessary by the office.  The  balance  of  the  state's
share  of  the  costs shall be allocated to the municipality in a manner
determined by the office. In  any  subsequent  year,  the  office  shall
reimburse to the municipality the state's share of actual costs incurred
under the plan. In no event shall the state's share exceed fifty percent
of  the  total cost of the plan, nor shall it be used to replace current
expenditures  by  the  municipality  for  such  alternatives   programs.
However, in determining the amount of the municipal share of the cost of
a  program, the office shall reduce the amount of the municipal share by
an  amount  equal  to  the  costs  incurred  by  such  municipality   on
implementation   of  any  of  the  plan's  provisions  during  the  year
immediately preceding approval of the  plan  by  the  office.  Any  such
amount  resulting  in  a  reduction  of the municipal share shall not be
considered in calculating the municipal share of any future program;
c. An agreement by the municipality to provide for the payment of  the
municipality's  share  of  the  cost  of  the program or programs and to
proceed expeditiously with, and complete, the program  or  programs,  as
approved by the commission;
d.  Any costs in excess of the amount provided for in this subdivision
will be the responsibility  of  the  municipality  except  as  otherwise
provided in this article;
e.  An  agreement that, in the event federal assistance, which was not
included in the calculation of the state or municipal  payment,  becomes
available  to the municipality, the amount of the state payment shall be
recalculated with the inclusion of one-half of such  federal  assistance
and  the amount of the municipality's payment shall be recalculated with
the inclusion of one-half of such federal assistance; and
f. An agreement that in the event  of  private  financial  assistance,
which  was  not included in the calculation of the municipal payment and
which becomes available to the municipality, such  financial  assistance
shall result in a reduction of the municipal share by said amount.
* NB Repealed September 1, 2025