2023 New York Laws › EXC - Executive › Article 12 - Office of Probation and Correctional Alternatives › 246 - State Aid for Probation Services.

§ 246.  State  aid for probation services. 1. The program of state aid
  to county probation services shall be administered by  the  division  of
  criminal  justice  services  with  the  advice  of  the  state probation
  commission and the director of the office of probation and  correctional
  alternatives.  Funds  appropriated  to  the division for distribution as
  state aid to county probation services and to the probation services  of
  New  York  city  shall be distributed by the division in accordance with
  rules and regulations adopted by the commissioner  of  the  division  of
  criminal  justice  services  after consultation with the state probation
  commission and the director of the office of probation and  correctional
  alternatives.
2.  State  aid  shall  be  granted  to  the  city  of New York and the
  respective counties outside the city of New York for expenditures to  be
  incurred  by  the  county  or  city  in  maintaining and improving local
  probation services subject to amounts  appropriated  for  this  purpose.
  State  aid  grants  shall  not  be  used  for  expenditures  for capital
  additions or  improvements,  or  for  debt  service  costs  for  capital
  improvements.
State  aid  shall  be  granted  by the commissioner of the division of
  criminal justice services after consultation with  the  state  probation
  commission  and the director of the office of probation and correctional
  alternatives, provided the respective counties or the city of  New  York
  conform  to  standards  relating  to  the  administration  of  probation
  services as adopted by the commissioner  of  the  division  of  criminal
  justice  services after consultation with the state probation commission
  and  the  director  of  the  office  of   probation   and   correctional
  alternatives.
3.  Applications  from  counties or the city of New York for state aid
  under this section shall be made by filing with the division of criminal
  justice services, a detailed plan,  including  cost  estimates  covering
  probation  services for the fiscal year or portion thereof for which aid
  is requested. Included in such estimates shall  be  clerical  costs  and
  maintenance  and  operation  costs  as  well  as  salaries  of probation
  personnel and such other pertinent information as  the  commissioner  of
  the  division  of criminal justice services may require. Items for which
  state aid is requested under this section shall be  duly  designated  in
  the  estimates  submitted.  The commissioner of the division of criminal
  justice services, after consultation with the state probation commission
  and  the  director  of  the  office  of   probation   and   correctional
  alternatives,  shall  approve  such  plan  if  it  conforms to standards
  relating to the administration of probation services as specified in the
  rules adopted by him or her.
4. An approved plan and compliance  with  standards  relating  to  the
  administration  of probation services promulgated by the commissioner of
  the division of criminal justice services shall  be  a  prerequisite  to
  eligibility for state aid.
* The  commissioner  of  the division of criminal justice services may
  take  into  consideration  granting  additional  state   aid   from   an
  appropriation  made  for  state  aid  for  county probation services for
  counties or the city of New York when a county or the city of  New  York
  demonstrates  that  additional  probation  services  were  dedicated  to
  intensive supervision programs and intensive programs for sex offenders.
  The commissioner shall grant additional state aid from an  appropriation
  dedicated   to  juvenile  risk  intervention  services  coordination  by
  probation departments which  shall  include,  but  not  be  limited  to,
  probation  services  performed  under  article three of the family court
  act.  The  administration  of  such  additional  grants  shall  be  made
  according  to  rules  and regulations promulgated by the commissioner of

  the division of criminal justice services. Each county and the  city  of
  New  York  shall  certify the total amount collected pursuant to section
  two hundred fifty-seven-c of  this  chapter.  The  commissioner  of  the
  division  of  criminal  justice  services shall thereupon certify to the
  comptroller for payment by the state out of funds appropriated for  that
  purpose, the amount to which the county or the city of New York shall be
  entitled  under  this  section.  The  commissioner  shall, subject to an
  appropriation made available for such  purpose,  establish  and  provide
  funding  to  probation  departments  for  a  continuum of evidence-based
  intervention  services  for  youth  alleged  or   adjudicated   juvenile
  delinquents  pursuant  to  article  three of the family court act or for
  eligible youth before or sentenced under the youth  part  in  accordance
  with the criminal procedure law. Such additional state aid shall be made
  in  an  amount  necessary to pay one hundred percent of the expenditures
  for  evidence-based  practices  and  juvenile  risk  and  evidence-based
  intervention  services  provided  to youth sixteen years of age or older
  when such services would not otherwise have  been  provided  absent  the
  provisions  of  a  chapter  of  the  laws of two thousand seventeen that
  increased the age of juvenile jurisdiction.
* NB Effective until September 1, 2025
* The commissioner of the division of criminal  justice  services  may
  take   into   consideration   granting  additional  state  aid  from  an
  appropriation made for state  aid  for  county  probation  services  for
  counties  or  the city of New York when a county or the city of New York
  demonstrates  that  additional  probation  services  were  dedicated  to
  intensive supervision programs and intensive programs for sex offenders.
  The  commissioner shall grant additional state aid from an appropriation
  dedicated  to  juvenile  risk  intervention  services  coordination   by
  probation  departments  which  shall  include,  but  not  be limited to,
  probation services performed under article three  of  the  family  court
  act.  The  administration  of  such  additional  grants  shall  be  made
  according to rules and regulations promulgated by  the  commissioner  of
  the  division  of criminal justice services. Each county and the city of
  New York shall certify the total amount collected  pursuant  to  section
  two  hundred  fifty-seven-c  of  this  chapter.  The commissioner of the
  division of criminal justice services shall  thereupon  certify  to  the
  comptroller  for payment by the state out of funds appropriated for that
  purpose, the amount to which the county or the city of New York shall be
  entitled under this section.  The  commissioner  shall,  subject  to  an
  appropriation  made  available  for  such purpose, establish and provide
  funding to probation  departments  for  a  continuum  of  evidence-based
  intervention   services   for  youth  alleged  or  adjudicated  juvenile
  delinquents pursuant to article three of the family  court  act  or  for
  eligible  youth  before  or sentenced under the youth part in accordance
  with the criminal procedure law.
* NB Effective September 1, 2025
* 5. Any county or city that does not have an approved  plan  pursuant
  to  section  two hundred forty-three-a of this chapter may establish and
  implement expedited procedures for the probation  service  to  determine
  that  a  child  is  the subject of a petition under article seven of the
  family court act or at risk of being the subject of such a petition, and
  for a social services official to  determine  eligibility  for  mandated
  preventive  services  pursuant  to  paragraph  (a) of subdivision one of
  section four hundred nine-a of the social services law for a  child  who
  is  the  subject  of  a petition pursuant to article seven of the family
  court act, or is determined by an assessment unit to be at risk of being
  the subject of a petition,  and  is  determined  by  a  social  services
  official to be at risk of placement into foster care.
* NB Effective until June 30, 2027
* 5.  Any  county or city that does not have an approved plan pursuant
  to section two hundred forty-three-a of this chapter may  establish  and
  implement  expedited  procedures  for the probation service to determine
  that a child is the subject of a petition under  article  seven  of  the
  family court act or at risk of being the subject of such a petition, and
  for  a  social  services  official to determine eligibility for mandated
  preventive services pursuant to paragraph  (a)  of  subdivision  one  of
  section  four  hundred nine-a of the social services law for a child who
  is the subject of a petition pursuant to article  seven  of  the  family
  court act, or is determined by an assessment unit to be at risk of being
  the  subject  of  a  petition,  and  is  determined by a social services
  official according to standards promulgated pursuant  to  section  three
  hundred  ninety-eight-b  of  the  social  services  law to be at risk of
  placement into foster care.
* NB Effective June 30, 2027
6.  The  director,  after  consultation  with  the   state   probation
  commission,  may  authorize  or  require the comptroller to withhold the
  payment of state aid to any county, or the city  of  New  York,  in  the
  event that such county, or the city of New York, (a) fails to conform to
  standards  of  probation  administration  as  formulated by the director
  pursuant to this  section,  (b)  discontinues  or  fails  to  follow  an
  approved  plan,  or  (c) fails to enforce in a satisfactory manner rules
  promulgated pursuant to this section, or laws now in effect or hereafter
  adopted which relate in any manner to the  administration  of  probation
  services.