reglab/statecodes huggingface dataset:
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 240 - Office of Probation and Correctional Alternatives.

§ 240. Office  of  probation  and  correctional alternatives. 1. There
  shall be in the division of  criminal  justice  services  an  office  of
  probation and correctional alternatives, hereinafter referred to in this
  article as "the office". The head of the office shall be the director of
  probation  and  correctional alternatives, who shall be appointed by the
  commissioner, subject to the approval of the governor.
2. The director  shall  serve  as  special  advisor  to  the  governor
  regarding   matters   pertaining   to   probation  and  alternatives  to
  incarceration.  The   director   shall,   in   consultation   with   the
  commissioner,  coordinate  and make recommendations relating to the type
  and nature of alternative to incarceration  programs  needed  to  reduce
  incarceration  where the purpose of such incarceration can be adequately
  served by alternative programs  and  shall  work  with  local  probation
  departments  and  the  commissioner  to  enhance  and  develop probation
  services and alternative to incarceration programs throughout the state.
3. The commissioner, in consultation with the director, shall  appoint
  staff and perform such other functions to ensure the efficient operation
  of   the   office   within   the  amounts  made  available  therefor  by
  appropriation.
4. As used in  this  article,  the  term  "director"  shall  mean  the
  director  of  the  office  of  probation  and correctional alternatives,
  "office"  shall  mean  the  office   of   probation   and   correctional
  alternatives, "commissioner" shall mean the commissioner of the division
  of  criminal  justice services and "division" shall mean the division of
  criminal justice services.
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 242 - State Probation Commission.

§ 242. State probation commission. 1. There shall be a state probation
commission. It shall consist of the director and six other members to be
selected as follows:
(a)  three  shall be appointed by the governor from among persons who,
as  members  of  the  community,  have  demonstrated  an  interest   and
involvement in the field of probation, to hold office at the pleasure of
the governor and until their successors are appointed;
(b)  two  shall  be appointed by the governor from among the probation
administrators and probation officers actually employed in the field  of
probation  in  this  state  who have demonstrated by work in a statewide
professional association, concerned  generally  with  probation  affairs
throughout  the state, outstanding service to the field of probation, to
hold office at the pleasure of the governor and until  their  successors
are appointed; and
(c) one shall be the state administrator of the unified court system.
2.  The  present  members  of  the state probation commission who were
appointed to such commission by  the  governor  shall  continue  as  the
members  of  said  commission  appointed  pursuant  to  paragraph (a) of
subdivision one of this section at the pleasure  of  the  governor,  and
until  their  successors  are appointed and have qualified. The director
shall be chairman  of  the  commission.  No  member  of  said  probation
commission  shall  receive any compensation for his or her services as a
member of such commission, but the members shall be  entitled  to  their
actual  necessary  expenses incurred in the performance of their duties.
The commissioner may from  time  to  time  assign  an  employee  of  the
division to act as secretary to said probation commission. The duties of
the members of said probation commission shall be to attend the meetings
of  such  probation commission, at the time fixed by said commission, or
called by the chairman of said commission, and to consider  all  matters
relating  to  probation  in  the  state,  within the jurisdiction of the
office, and to advise and consult with the director in regard thereto.
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 244 - Hostels and Foster Homes.

§ 244. Hostels and foster homes. 1. The office is hereby authorized to
  provide  or  to  pay for care in a hostel or foster home approved by the
  office as suitable for such cases for any probationer or  parolee  under
  the  age of twenty-one years when the parole board or a judge of a court
  determines that there is no other suitable home for such probationer  or
  parolee  and  that  such probationer or parolee should be placed in such
  hostel or foster home. In  addition  to  payment  for  such  care,  when
  ordered  by  the  board or court, the office is authorized to provide or
  pay  for  clothing  and  other  necessities,   including   medical   and
  psychiatric  treatment,  required for the welfare of such probationer or
  parolee. The office may also provide or contract for such  care  in  any
  suitable facility operated by a department of correction or by any other
  public  or voluntary social welfare agency, institution or organization.
  A court with respect to such a probationer and  the  parole  board  with
  respect  to  such a parolee shall, subject to regulation by the division
  control admissions to and discharges from such hostels and foster homes.
  When placement is made in any hostel or foster home, or in any  facility
  other  than  a  public  institution, such placement whenever practicable
  shall be in a hostel, or facility operated by or in the home of a person
  or persons of the same religious faith as the probationer or parolee.
2. The office shall have authority and the duty to stimulate  programs
  for  the  development  of  hostels  and  foster  homes  for  the care of
  probationers and parolees under the age of twenty-one years.
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 245 - Probation Staff Training and Development.

§ 245. Probation   staff  training  and  development.  The  office  of
  probation and correctional alternatives shall conduct training  programs
  for  city,  county  and  state  probation personnel, prepare and execute
  programs of information and education to interest persons in  the  field
  of  probation as a vocation, encourage the development by schools within
  the state of courses of study in fields  related  to  and  bearing  upon
  probation   and   engage  in  other  activities  of  an  educational  or
  informational nature  designed  to  increase  the  number  of  qualified
  probation  personnel and improve the caliber of probation service within
  the state. In order to effectuate the provisions of  this  section,  the
  office of probation and correctional alternatives shall be authorized to
  prepare  and  disseminate  printed  materials,  utilize  media of public
  information, cooperate with public and private institutions of  learning
  and  employ qualified persons as lecturers or consultants on a fee basis
  to supplement services to be performed by its personnel hereunder.  Such
  fees  shall  be  payable out of funds appropriated for these purposes on
  the audit and warrant  of  the  comptroller  on  vouchers  certified  or
  approved by the office.
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 248 - Establishment of Probation Scholarships.

§ 248. Establishment  of  probation  scholarships.  The office, out of
  moneys appropriated to it for  that  purpose,  is  authorized  to  grant
  scholarships  for graduate training in any course of study that would be
  of substantial value in the  field  of  probation  at  graduate  schools
  located within the state whose programs are registered by the regents.
Each such scholarship shall entitle the holder thereof to a sum not to
  exceed  four thousand dollars annually while in attendance at any of the
  said  schools  for  a  period  not  to  exceed  two  years  of  graduate
  professional study.
Scholarships  under this section shall be awarded only to residents of
  the state of New York who hold a degree of bachelor of arts or  bachelor
  of science from a college or university, or the equivalent thereof.
The  office,  after  consultation with the state probation commission,
  shall recommend to the commissioner rules governing the  award  of  such
  scholarships,  the  publication  of  notices  offering scholarships, the
  issuance and cancellation  of  certificates  entitling  persons  to  the
  benefits  thereof,  the use of such scholarships by the persons entitled
  thereto, the courses that may be included under such  scholarships,  the
  schools  which  may  be attended under such scholarships, the rights and
  duties of scholarship holders and of the schools which they attend,  and
  providing  generally  for  the carrying into effect of the provisions of
  this section; and may, by appropriate rule, require that holders of such
  scholarships be available for employment in probation work in the  state
  of  New  York  upon  the  completion  of  the  training  for  which  the
  scholarship is provided. The office shall, after consultation  with  the
  state   probation   commission,  award  such  scholarships  within  such
  established rules, and any scholarship may be revoked for cause.
Payments of money under this section may be made to the holder of  the
  scholarship  or to the school or college attended under the scholarship,
  on behalf of, and for the benefit of, the holder of the scholarship.
Payments of money shall be ordered by the comptroller upon vouchers of
  the office certifying that the  person  named  therein  is  entitled  to
  receive the sum either directly, or for his or her benefit.
2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 249 - Educational or Training Leaves of Absence.

§ 249. Educational  or  training leaves of absence. The local director
  of probation, chief probation officer, or  other  head  of  a  probation
  department,  bureau or unit, if he is the appointing authority therefor,
  or otherwise such appointing authority, with the approval of  the  board
  of  supervisors  of  the  county  or  the appropriating body of the city
  having  jurisdiction,  may  grant  any  probation  officer  or  officers
  employed  therein  leave of absence, with or without pay, for attendance
  at  graduate  schools  located  within  the  state  whose  programs  are
  registered by the regents to pursue any course of study or training that
  is of substantial assistance in probation work, or to receive additional
  training  in  another  probation  department, bureau or unit in New York
  state. The time during which a probation officer is absent, pursuant  to
  such   leave,   shall  not  constitute  an  interruption  of  continuous
  employment  and  such  officer  shall  not  be  subjected,  directly  or
  indirectly,  to  any  loss  or  diminution  of  time service, increment,
  vacation or holiday privileges, or any  other  right  or  privilege,  by
  reason  of  such  absence,  or be prejudiced, by reason of such absence,
  with reference to continuance in office or employment, or promotion.
2023 New York Laws › EXC - Executive › Article 12-A - Probation Officers and Related Matters › 256-A - Providing Information to Child Protection Services.

§ 256-a. Providing  information  to  child protection services. Upon a
  determination by a probation  agency  or  department  that  its  records
  regarding an individual presently under the supervision of the agency or
  department   are   relevant  to  an  investigation  of  child  abuse  or
  maltreatment conducted by a child protective service pursuant  to  title
  six  of  article six of the social services law, the probation agency or
  department shall provide the records or portions thereof  determined  to
  be   relevant   to   the   child   protective   service  conducting  the
  investigation. Each probation agency or department shall make provisions
  for the transmission of records  required  to  be  provided  under  this
  section.
2023 New York Laws › EXC - Executive › Article 12-A - Probation Officers and Related Matters › 257-A - Civil Actions Against Local Department Volunteers.

§ 257-a. Civil  actions  against  local department volunteers. 1.  For
  the purposes of  this  section  the  term  "volunteer"  means  a  person
  authorized  by  a local probation department's director of the volunteer
  services program to participate  in  the  local  department's  volunteer
  services program.
2.  A  local  probation department may provide an attorney for and pay
  such attorney fees and expenses necessarily incurred in the defense of a
  volunteer in any civil action commenced against him by reason of a claim
  of alleged negligence or other act of such person arising out of and  in
  the  course  of  participating  in a local department volunteer services
  program, and the  local  probation  department  may  save  harmless  and
  indemnify  such  person  from  financial  loss arising out of any claim,
  demand, suit of judgment by reason of the alleged  negligence  or  other
  act  by  such person provided that, at the time that such claim arose or
  damages were sustained, such person was acting in the discharge  of  his
  duties and within the scope of his authorized duties and that such claim
  or  cause of action or damages sustained did not result from the willful
  and wrongful act or gross negligence of such person.
3. A local probation department which authorizes indemnification under
  this section, however, shall not be subject to the  obligations  imposed
  by  this  section  unless  such volunteer shall, within five days of the
  time he is served with any summons, complaint, process,  notice,  demand
  or  pleading,  deliver  the  original  or  a  copy  thereof to the local
  department and unless such person shall cooperate fully with  the  local
  probation  department in the defense of said claim, demand or suit. Upon
  such delivery the local probation department may assume control  of  the
  representation of such person.
4.  This  section  shall  not  in  any way impair, limit or modify the
  rights and obligations under any policy of insurance.
5. The benefits of this section shall inure  only  to  volunteers  and
  shall not enlarge or diminish the rights of any other party.
2023 New York Laws › EXC - Executive › Article 12-A - Probation Officers and Related Matters › 257-B - Conditional Releasees; Duties of Supervision.

§ 257-b. Conditional  releasees; duties of supervision. 1. It shall be
  the duty of every probation officer to furnish each person who has  been
  ordered to his or her supervision pursuant to subdivision two of section
  70.40  of  the  penal law, with a statement of the conditions of release
  and to instruct such  person  with  regard  thereto;  to  keep  informed
  concerning  such  person's  conduct,  habits,  associates,  employments,
  recreation and whereabouts; to contact such person pursuant to rules and
  regulations promulgated by the  division;  to  aid  and  encourage  such
  person  by friendly advice and admonition and, by such other measures as
  may seem most suitable, to bring  about  improvement  in  such  person's
  conduct, condition and general attitude toward society.
2.  Probation officers shall report to the head of the local probation
  department who shall in turn report in writing to the local  conditional
  release  commission  having  custody  of  such  person  at least monthly
  concerning the conduct and condition of persons  conditionally  released
  pursuant  to  subdivision  two  of  section 70.40 of the penal law; keep
  records of their work as probation officers; keep accurate and  complete
  accounts  of  all  money  collected  from  such  persons;  give receipts
  therefor and make prompt  returns  thereof  at  least  monthly;  aid  in
  securing  employment;  perform  such other duties in connection with the
  supervision of such persons as may be required by rules and  regulations
  promulgated  by the division; and make any other reports to the division
  as it may require.
3. If at any time  during  the  period  of  supervision,  a  probation
  officer  has reasonable cause to believe a person conditionally released
  pursuant to subdivision two of section 70.40 of the penal law has lapsed
  into criminal ways or company, or has violated one or more conditions of
  his or her release, such probation officer shall report such fact  to  a
  member  of  the  local  conditional release commission having custody of
  such person.
2023 New York Laws › EXC - Executive › Article 12-A - Probation Officers and Related Matters › 257-C - Probation Administrative Fee.

* § 257-c. Probation  administrative fee. 1. Notwithstanding any other
  provision of law, every county and the city of New  York,  may  adopt  a
  local  law  requiring  individuals  currently  serving  or  who shall be
  sentenced to a period of probation upon conviction of  any  crime  under
  article  thirty-one  of  the vehicle and traffic law to pay to the local
  probation  department  with  the  responsibility  of   supervising   the
  probationer  an  administrative  fee  of  thirty  dollars per month. The
  department shall waive all or part of such fee  where,  because  of  the
  indigence  of  the offender, the payment of said surcharge would work an
  unreasonable hardship on the person  convicted,  his  or  her  immediate
  family,  or  any  other  person  who  is  dependent  on  such person for
  financial support.
2. The provisions of subdivision six of section 420.10 of the criminal
  procedure  law  shall  govern  for  purposes  of   collection   of   the
  administrative fee.
3.  The  probation administrative fee authorized by this section shall
  not constitute nor be imposed as a condition of probation.
4. In the event of non-payment of any fees which have not been  waived
  by  the  local  probation department, the county or the city of New York
  may seek  to  enforce  payment  in  any  manner  permitted  by  law  for
  enforcement of a debt.
5.  Monies  collected  pursuant  to this section shall be utilized for
  probation services by the local probation department. Such moneys  shall
  not be considered by the division when determining state aid pursuant to
  section  two  hundred  forty-six  of the executive law. Monies collected
  shall not be used  to  replace  federal  funds  otherwise  utilized  for
  probation services.
* NB Expires September 1, 2025
2023 New York Laws › EXC - Executive › Article 12-A - Probation Officers and Related Matters › 258 - Physical, Mental and Psychiatric Examinations.

§ 258. Physical,  mental and psychiatric examinations. Every county is
  charged with the duty to provide when practicable  clinical  facilities,
  and  to  adopt  necessary rules for the use therefor, for such physical,
  mental and psychiatric examinations and reports as  may  be  within  the
  required scope of efficient probation investigation and supervision.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259 - Definitions.

§  259.  Definitions.  When  used in this article, the following terms
  shall have the following meanings:
1. "Board" means the state board of parole.
2.  "Commissioner"  means  the  commissioner  of  the  department   of
  corrections and community supervision.
3.  "Community  supervision"  means  the  supervision  of  individuals
  released into the community on temporary release,  presumptive  release,
  parole, conditional release, post release supervision or medical parole.
4.  "Department"  means  the  department  of corrections and community
  supervision.
5. "Releasee" means an individual released from an  institution  under
  the  jurisdiction  of  the  department  into  the community on temporary
  release, presumptive release, parole, conditional release,  post-release
  supervision or medical parole.
6.  "Technical  violation" means any conduct that violates a condition
  of community  supervision  in  an  important  respect,  other  than  the
  commission of a new felony or misdemeanor offense under the penal law.
7. "Non-technical violation" means: (a) the commission of a new felony
  or  misdemeanor  offense;  or (b) conduct by a releasee who is serving a
  sentence for an offense defined in article  130  of  the  penal  law  or
  section  255.26  or  255.27  of  such  law,  and such conduct violated a
  specific condition reasonably related to such  offense  and  efforts  to
  protect the public from the commission of a repeat of such offense.
8. "Absconding" means intentionally avoiding supervision by failing to
  maintain contact or communication with the releasee's assigned community
  supervision  officer  or  area  bureau  office  and to notify his or her
  assigned community supervision officer or area bureau office of a change
  in  residence,  and  reasonable  efforts  by  the   assigned   community
  supervision officer to re-engage the releasee have been unsuccessful.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-A - State Board of Parole; Funding.

§  259-a.  State board of parole; funding. The annual budget submitted
  by the governor shall separately state  the  recommended  appropriations
  for  the  state board of parole. Upon enactment, these separately stated
  appropriations for the state board of parole shall not be  decreased  by
  interchange   with  any  other  appropriation,  notwithstanding  section
  fifty-one of the state finance law.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-B - State Board of Parole; Organization.

§ 259-b. State board of parole; organization. 1. There shall be in the
  department  a  state  board of parole which shall possess the powers and
  duties hereinafter specified. The board shall function independently  of
  the  department  regarding all of its decision-making functions, as well
  as any other powers and duties  specified  in  this  article,  provided,
  however, that administrative matters of general applicability within the
  department shall be applicable to the board. Such board shall consist of
  not more than nineteen members appointed by the governor with the advice
  and  consent  of  the  senate. The term of office of each member of such
  board shall be for six years; provided, however, that any member  chosen
  to  fill  a vacancy occurring otherwise than by expiration of term shall
  be appointed for the remainder of the unexpired term of the member  whom
  he  is  to  succeed. In the event of the inability to act of any member,
  the governor may appoint some competent informed person to  act  in  his
  stead during the continuance of such disability.
2.  Each  member of the board shall have been awarded a degree from an
  accredited four-year college or university or  a  graduate  degree  from
  such  college or university or accredited graduate school and shall have
  had at least five years of experience in one or more of  the  fields  of
  criminology,   administration  of  criminal  justice,  law  enforcement,
  sociology, law, social  work,  corrections,  psychology,  psychiatry  or
  medicine.
3.  The  governor  shall  designate one of the members of the board as
  chairman to serve in such capacity at the pleasure of  the  governor  or
  until  the member's term of office expires and a successor is designated
  in accordance with law, whichever first occurs. The  chairman  shall  be
  responsible for the administrative functions and daily operations of the
  parole board and its staff, except as otherwise provided by law.
4.  The  members  of the board shall not hold any other public office;
  nor shall they, at any  time  of  their  appointment  nor  during  their
  incumbency,  serve  as  a  representative  of  any political party on an
  executive committee or other governing body thereof, nor as an executive
  officer  or  employee  of  any  political  committee,  organization   or
  association.
5.  Each  member of the board shall receive for his services an annual
  salary to be fixed  by  the  governor  within  the  amount  appropriated
  therefor.  Each  member  of  such board shall also receive his necessary
  expenses actually incurred in the discharge of his duties.
6. Any member of the board may be removed by the  governor  for  cause
  after an opportunity to be heard.
7.  Except as otherwise provided by law, a majority of the board shall
  constitute a quorum for the transaction of all business of the board.
8. Members of the board shall devote their full time to  their  duties
  and shall hold no other salaried public position.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-D - Hearing Officers.

§ 259-d. Hearing  officers. 1. The state board of parole shall appoint
  and shall have the power to remove, in accordance with the provisions of
  the civil service law, hearing  officers  who  shall  be  authorized  to
  conduct  parole  revocation proceedings. Hearing officers shall function
  independently of the department regarding all of  their  decision-making
  functions,  and  shall  report directly to the board, provided, however,
  that  administrative  matters  of  general  applicability   within   the
  department  shall  be  applicable  to  all  hearing  officers. A hearing
  officer conducting such proceedings shall, when delegated such authority
  by the board in rules adopted by  the  board,  be  required  to  make  a
  written  decision  in accordance with standards and rules adopted by the
  board. Nothing in this article shall be deemed to preclude a  member  of
  the  state  board of parole from exercising all of the functions, powers
  and duties of a hearing officer upon request of the chairman.
2. The board, acting in cooperation with the civil service commission,
  shall establish standards,  preliminary  requisites  and  requisites  to
  govern  the selection, appointment and removal of hearing officers. Such
  standards and requisites  shall  be  designed  to  assure  that  persons
  selected  as  hearing  officers  have  the  ability  to  conduct  parole
  revocation proceedings fairly and impartially. Such standards shall  not
  require  prior  experience as a parole officer. The board shall have the
  authority to establish procedures necessary to implement this section.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-E - Institutional Parole Services.

§  259-e.  Institutional parole services. The department shall provide
  institutional parole services. Such services shall  include  preparation
  of  reports  and other data required by the state board of parole in the
  exercise of  its  functions  with  respect  to  release  on  presumptive
  release,  parole,  conditional  release  or  post-release supervision of
  incarcerated individuals. Additionally, the department  shall  determine
  which   incarcerated   individuals  are  in  need  of  a  deaf  language
  interpreter or an English language interpreter,  and  shall  inform  the
  board  of  such  need  within  a  reasonable  period of time prior to an
  incarcerated  individual's  scheduled  appearance  before   the   board.
  Employees  of  the  department  who collect data, interview incarcerated
  individuals and prepare  reports  for  the  state  board  of  parole  in
  institutions  under  the jurisdiction of the department shall work under
  the direct supervision of the deputy commissioner of the  department  in
  charge  of  program  services.  Data  and reports submitted to the board
  shall address the statutory  factors  to  be  considered  by  the  board
  pursuant  to the relevant provisions of section two hundred fifty-nine-i
  of this article.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-K - Access to Records and Institutions.

§ 259-k. Access  to  records and institutions. 1. All case files shall
  be maintained by the department for use by the department and board. The
  department and board and authorized officers and employees thereof shall
  have complete access to such files and the board of  parole  shall  have
  the  right  to  make  such  entries  as  the  board of parole shall deem
  appropriate in accordance with law.
2. The board shall make rules  for  the  purpose  of  maintaining  the
  confidentiality   of   records,   information   contained   therein  and
  information obtained in an official capacity by officers,  employees  or
  members of the board of parole.
3.  Members  of the board and officers and employees of the department
  providing  community  supervision  services  and   designated   by   the
  commissioner  shall  have  free  access  to all incarcerated individuals
  confined in institutions under the jurisdiction of the  department,  the
  office  of  children  and  family  services and the department of mental
  hygiene in order to enable them to perform  their  functions,  provided,
  however,  that the department of mental hygiene may temporarily restrict
  such access where it determines, for significant clinical reasons,  that
  such  access would interfere with its care and treatment of the mentally
  ill incarcerated individual. If under the provisions of this subdivision
  an incarcerated individual is not accessible for  release  consideration
  by the board, that incarcerated individual shall be scheduled to see the
  board  in  the month immediately subsequent to the month within which he
  or she was not available.
4. Upon a determination by the department and  board  of  parole  that
  records  regarding  an individual presently under the supervision of the
  department  are  relevant  to  an  investigation  of  child   abuse   or
  maltreatment  conducted  by a child protective service pursuant to title
  six of article six of the social services law, the department and  board
  shall  provide  the  records  determined  to  be  relevant  to the child
  protective service conducting  the  investigation.  The  department  and
  board shall promulgate rules for the transmission of records required to
  be provided under this section.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-L - Cooperation.

§ 259-l. Cooperation.  1.  It shall be the duty of the commissioner of
  corrections and community supervision to ensure that  all  officers  and
  employees  of the department shall at all times cooperate with the board
  of parole and shall furnish to such members of the board  and  employees
  of  the  board  such information as may be appropriate to enable them to
  perform their independent decision making functions. It is also  his  or
  her  duty  to  ensure  that the functions of the board of parole are not
  hampered in any way, including but not  limited  to:  a  restriction  of
  resources   including   staff   assistance;   limited  access  to  vital
  information;  and   presentation   of   an   incarcerated   individual's
  information  in a manner that may inappropriately influence the board in
  its decision making.  Where  an  incarcerated  individual  has  appeared
  before  the  board prior to having completed any program assigned by the
  department, and such program remains  incomplete  by  no  fault  of  the
  incarcerated   individual,   and   where   the  board  has  denied  such
  incarcerated individual release pursuant to paragraph (a) of subdivision
  two of section two hundred fifty-nine-i of this article, the  department
  shall  prioritize  such  an incarcerated individual's placement into the
  assigned program.
2. The official in charge of each institution wherein  any  person  is
  confined  under  a  definite  sentence of imprisonment, all officers and
  employees thereof and all other public  officials  shall  at  all  times
  cooperate with the board of parole, and shall furnish to such board, its
  officers  and employees such information as may be required by the board
  to perform its functions  hereunder.  The  members  of  the  board,  its
  officers  and  employees  shall at all times be given free access to all
  persons confined in any such institution under such sentence  and  shall
  be furnished with appropriate working space in such institution for such
  purpose without charge therefor.
3. It shall be the duty of the clerk of the court, the commissioner of
  mental   hygiene  and  all  probation  officers  and  other  appropriate
  officials to send such information as may  be  in  their  possession  or
  under  their  control to the chairman of the board upon request in order
  to facilitate the work of the board.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-O - Interstate Hearings for Parole Violations.

§ 259-o. Interstate   hearings  for  parole  violations.  1.  For  the
  purposes of  this  section,  "preliminary  violation  hearing"  means  a
  hearing  to  determine  whether  there are reasonable grounds to believe
  that a person released on parole has  violated  the  conditions  of  his
  parole.
2.  Whenever  there  is  reasonable  cause  to  believe  that a person
  released on parole in another state but under the parole supervision  of
  this  state pursuant to section two hundred fifty-nine-m of this article
  has violated the conditions thereof, a member or designee of  the  board
  of  parole, upon request of the sending state, may conduct a preliminary
  violation hearing unless such hearing is waived by the parolee.
3. Whenever there  is  reasonable  cause  to  believe  that  a  person
  released  on  parole  in  this state but under the parole supervision of
  another state pursuant to  section  two  hundred  fifty-nine-m  of  this
  article  has violated the conditions thereof, any person duly authorized
  in such other state to  conduct  preliminary  violation  hearings,  upon
  request  of  the  chairman  of  the  board  of  parole, may conduct such
  hearing, unless such hearing is waived by the parolee.  The  preliminary
  violation  hearing  and  the  determinations made thereat shall have the
  same force and effect as preliminary violation hearing conducted in this
  state by the board of parole or  a  member,  hearing  officer  or  panel
  thereof.
4.  Whenever  a  preliminary violation hearing is conducted in another
  state pursuant to this section, the alleged violator must be afforded  a
  final  hearing  within  ninety  days from the date of his return to this
  state.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-P - Interstate Detention.

§ 259-p. Interstate detention. (1) Notwithstanding any other provision
of law, a defendant subject to section two hundred fifty-nine-mm of this
article,  may  be  detained  as authorized by the interstate compact for
adult offender supervision.
(2) A defendant shall be detained at a  local  correctional  facility,
except as otherwise provided in subdivision three of this section.
(3)  (a)  A  defendant  sixteen years of age or younger, who allegedly
commits a criminal act or violation of his  or  her  supervision  on  or
after  October first, two thousand eighteen or (b) a defendant seventeen
years of age  or  younger  who  allegedly  commits  a  criminal  act  or
violation  of  his  or  her  supervision  on or after October first, two
thousand nineteen, shall be detained in a juvenile detention facility.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-Q - Civil Actions Against Board Personnel.

§ 259-q.  Civil  actions  against  board personnel. 1. No civil action
shall be brought in any court of  the  state,  except  by  the  attorney
general  on  behalf of the state, against any officer or employee of the
board of parole or former division of parole, in his personal  capacity,
for  damages  arising  out of any act done or the failure to perform any
act within the scope of the employment  and  in  the  discharge  of  the
duties by such officer or employee.
2. Any claim for damages arising out of any act done or the failure to
perform  any act within the scope of the employment and in the discharge
of the duties of any officer or employee  of  the  board  of  parole  or
former  division  of parole shall be brought and maintained in the court
of claims as a claim against the state.
3. The state shall save harmless and indemnify any officer or employee
of the board of parole or former division of parole from financial  loss
resulting from a claim filed in a court of the United States for damages
arising  out  of  an act done or the failure to perform any act that was
(a) within the scope of the employment  and  in  the  discharge  of  the
duties of such officer or employee, and (b) not done or omitted with the
intent  to  violate  any  rule or regulation of the department, board or
former division or of any statute or governing case law of the state  or
of  the  United  States at the time the damages were sustained; provided
that the officer  or  employee  shall  comply  with  the  provisions  of
subdivision four of section seventeen of the public officers law.
4.  (a)  The  provisions  of  this  section  shall  supplement, and be
available in addition to, the provisions of  section  seventeen  of  the
public  officers  law  and, insofar as this section is inconsistent with
section seventeen of the public officers law,  the  provisions  of  this
section shall be controlling.
(b)  The  provisions of this section shall not be construed in any way
to impair, modify or abrogate any immunity available to any  officer  or
employee  of  the board of parole or former division of parole under the
statutory or decisional law of the state or the United States.
5. This section shall not in any  way  impair,  limit  or  modify  the
rights and obligations of any insurer under any policy of insurance.
6.  The  benefits  of  subdivision  three  hereof  shall inure only to
officers and employees of the board of  parole  or  former  division  of
parole and shall not enlarge or diminish the rights of any other party.
7. This section shall apply with respect to claims arising on or after
the  effective  date of this section. Claims arising prior thereto shall
be governed by section seventeen of the public officers law  or  section
twenty-four of the correction law as the case may be.
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-T - Permitted Activities.

* §   259-t.   Permitted  activities.  Where  any  person  is  granted
  presumptive   release,   parole,   conditional   release,   release   to
  post-release  supervision  or  any other type of supervised release, the
  state board of parole shall not deem a person to be in violation of  and
  the  state  board of parole shall not terminate such granted presumptive
  release,  parole,   conditional   release,   release   to   post-release
  supervision  or any other type of supervised release solely because such
  person engaged in bona fide work for an employer, including travel  time
  to  or  from  bona  fide  work, during curfew times set by conditions of
  probation, parole, presumptive release, conditional release  or  release
  to  post-release  supervision.  For  purposes of this section, bona fide
  work is work performed as an employee for an  employer,  as  defined  in
  section two of the labor law.
* NB There are 2 § 259-t's
2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-T*2 - Permitted Activities.

* §   259-t.   Permitted  activities.  Where  any  person  is  granted
  presumptive   release,   parole,   conditional   release,   release   to
  post-release  supervision  or  any other type of supervised release, the
  state board of parole shall not deem a person to be in violation of  and
  the  state  board of parole shall not terminate such granted presumptive
  release,  parole,   conditional   release,   release   to   post-release
  supervision  or any other type of supervised release solely because such
  person participated in work related labor protests, or in a lawful labor
  dispute, strike or other concerted stoppage of work or slowdown pursuant
  to article twenty of the labor law or the national labor  relations  act
  (29 U.S.C. sections 151 et. seq.).
* NB There are 2 § 259-t's
2023 New York Laws › EXC - Executive › Article 13 - Division of Housing › 260 - Division of Housing and Community Renewal.

§ 260. Division  of housing and community renewal. The commissioner of
  housing and community renewal appointed pursuant to  the  provisions  of
  the public housing law, shall be the head of the division of housing and
  community  renewal and shall have and exercise all the functions, powers
  and duties vested in him by that or any other law. The  commissioner  of
  housing  and community renewal shall receive a salary to be fixed by the
  governor within the amount appropriated therefor.
2023 New York Laws › EXC - Executive › Article 13-A - Alternatives to Incarceration Service Plans › 262 - Office Assistance; Plan; Approval.

* § 262. Office  assistance; plan; approval. 1. Upon request of either
  the county executive or the advisory board, through the chairperson, the
  office shall assist the  county  in  the  development  of  its  plan  by
  providing  technical assistance either directly or through contract with
  persons or organizations which have expertise in the area  of  pre-trial
  services or alternatives to incarceration programs.
2.  Upon development of a proposed plan but at least thirty days prior
  to approval  by  the  board,  public  comment  shall  be  solicited  for
  consideration by the board prior to final action.
3.  Upon  approval  by  the  board,  by a majority of its members, any
  county outside the city of New York acting through its county executive,
  and upon approval of the local legislative body, may submit  a  proposed
  service  plan  to  the  office for approval. The city of New York acting
  through the mayor and upon approval by the board of estimate may  submit
  a proposed service plan to the office for approval.
4.  a.  Each  such plan shall be submitted to the office 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  provide that upon approval it shall become effective. Annual
  renewals of service plans are required and shall  be  submitted  to  the
  office  no  later  than  the  first  day of April of each year following
  submission of the original plan. A plan may be amended from time to time
  by the advisory board, subject to the approval of the local  legislative
  body  and  the  office.  The  office may recommend amendments to a plan,
  subject to the approval of the advisory board and the local  legislative
  body.  Reasons  for such amendments may include but shall not be limited
  to the addition or deletion of eligible programs with due  consideration
  to  their  utilization  by the court, their effect on diverting the jail
  bound  population,  reducing  the   overcrowding   problem   and   their
  cost-effectiveness.
b.  The  office  shall  either  approve or deny the plan no later than
  sixty days following its submission. If the plan is denied,  the  office
  shall  notify  the  county  executive  in writing of such denial and the
  reasons  therefor  and  shall  specify  any  measures  which  should  be
  undertaken  to  secure  the approval of the office. Nothing herein shall
  prohibit the amendment of a plan to overcome the office's stated reasons
  for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025
2023 New York Laws › EXC - Executive › Article 13-A - Alternatives to Incarceration Service Plans › 263 - Reports.

* § 263. Reports.  The  advisory board, through its chairperson, shall
  submit to the office a  quarterly  report  relative  to  the  status  of
  compliance  with the plan, pursuant to rules and regulations promulgated
  by the commissioner of the division of criminal  justice  services  upon
  recommendation  of  the  office.  The  report  shall include, but not be
  limited to: compliance with specific goals and objectives  as  reflected
  in   the  plan;  ability  of  programs  to  meet  performance  criteria;
  compliance with timetables; utilization by the  court  of  the  programs
  included  in  the  plan;  effect  of such programs on diverting the jail
  bound population and reducing the over crowding problem; and  any  other
  information  requested by the office and available to the advisory board
  with respect to this article.
* NB Repealed September 1, 2025
2023 New York Laws › EXC - Executive › Article 13-A - Alternatives to Incarceration Service Plans › 264 - Noncompliance With Plan.

* § 264. Noncompliance  with  plan.  1.  If  at  any  time  the office
  determines that a county plan is  not  being  complied  with,  it  shall
  notify  the  advisory  board  through  the  chairperson  and  the  state
  commission of correction in writing of such fact, and it shall  withhold
  any  portion of state funds not theretofore allocated. Such notice shall
  state the particular reasons for the determination and demand compliance
  with the plan within  sixty  days  of  the  notice,  setting  forth  the
  specific actions deemed necessary to secure compliance. If compliance is
  forthcoming  the  board  and the state commission of correction shall be
  notified of such fact in writing and any state funds heretofore withheld
  shall be released. If compliance with the plan is not  fulfilled  within
  such  time or within a thirty day extension period as authorized herein,
  the office shall notify the advisory board through the  chairperson  and
  the  state  commission of correction. Upon such notification, the county
  shall be  deemed  in  noncompliance  with  the  approved  plan  and  the
  provisions  of  subdivision  eight  of  section  five  hundred-b  of the
  correction law shall be applied.
An extension may be granted by the office for a thirty day period upon
  a request by  the  board  through  the  chairperson,  where  the  office
  determines  it  to  be appropriate, setting forth specific reasons for a
  need for an extension and the steps which shall be undertaken to  be  in
  compliance at the end of such period.
Any  notification  by  the  office  of non-compliance pursuant to this
  section shall be deemed a final determination for purposes  of  judicial
  review.
2.  The  advisory  board,  through  its  chairperson,  may reapply for
  continuation  of  its  approved  plan  or  modified  plan,  provided  it
  certifies  that  it  has  complied  with  the  specific  actions  deemed
  necessary by the office to secure  compliance.  Within  thirty  days  of
  receipt  of  the application the office shall verify compliance with its
  notice and notify the board and the state commission  of  correction  of
  its decision.
* NB Repealed September 1, 2025