2023 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, 2025