N.Y. Executive Law § 243: Supervision of administration of local probation and correctional alternatives

§ 243. Supervision of administration of local probation and

correctional alternatives. 1. The office shall exercise general

supervision over the administration of probation services throughout the

state, including probation in family courts and shall collect

statistical and other information and make recommendations regarding the

administration of probation services in the courts. The office shall

endeavor to secure the effective application of the probation system and

the enforcement of the probation laws and the laws relating to family

courts throughout the state. After consultation with the state probation

commission, the office shall recommend to the commissioner general rules

which shall regulate methods and procedure in the administration of

probation services, including investigation of defendants prior to

sentence, and children prior to adjudication, supervision, case work,

record keeping, and accounting, program planning and research so as to

secure the most effective application of the probation system and the

most efficient enforcement of the probation laws throughout the state.

Such rules shall provide that the probation investigations ordered by

the court in designated felony act cases under subdivision one of

section 351.1 of the family court act shall have priority over other

cases arising under articles three and seven of such act. When duly

adopted by the commissioner, such rules shall be binding upon all

probation officers and when duly adopted shall have the force and effect

of law, but shall not supersede rules that may be adopted pursuant to

the family court act. The office shall keep informed as to the work of

all probation officers and shall from time to time inquire into and

report upon their conduct and efficiency. The office may investigate the

work of any probation bureau or probation officer and shall have access

to all records and probation offices. The office may issue subpoenas to

compel the attendance of witnesses or the production of books and

papers. The office may administer oaths and examine persons under oath.

The office may recommend to the appropriate authorities the removal of

any probation officer. The office may from time to time publish reports

regarding probation including probation in family courts, and the

operation of the probation system including probation in family courts

and any other information regarding probation as the office may

determine provided expenditures for such purpose are within amounts

appropriated therefor.

2. The office shall exercise general supervision over the utilization

of correctional alternative programs throughout the state. The office

shall collect statistical and other information and make recommendations

regarding the availability, identification, coordination and utilization

of such programs. The office shall endeavor to facilitate communication

and coordination among and between correctional alternative programs and

probation services in order to assist in making effective use of such

programs. A correctional alternative program shall be deemed to refer to

those programs, including eligible programs as defined in paragraph b of

subdivision one of section two hundred sixty-one of this chapter, which

by themselves, or when used in conjunction with one or more programs or

with probation services, may serve as an alternative to a sentence or

disposition of incarceration or a portion thereof, and which shall serve

the interests of justice. The office shall further exercise general

supervision over the administration and implementation of alternatives

to incarceration service plans under the provisions of article

thirteen-A of this chapter. The office shall recommend to the

commissioner general rules and regulations which shall regulate methods

and procedures in the administration and funding of alternative to

incarceration service plans, and any other correctional alternative

program funded by the state through the division, including but not

limited to issuance of quarterly reports as specified by section two

hundred sixty-three of this chapter. When duly adopted by the

commissioner, such rules and regulations shall be binding upon all

counties and eligible programs that may be funded in such plans and when

duly adopted shall have the force and effect of law. The office shall

keep informed as to the development, implementation and utilization of

plans and funded eligible programs therein and shall from time to time

inquire into and report upon their work and efficiency. The office shall

investigate the work of any funded plan or eligible program and shall

have access to their records and offices for such purpose.

3. (a) The office shall have the authority to certify to the

commissioner those correctional alternative programs subject to

supervision of the office and determined to perform a criminal justice

function, as defined in subdivision ten of section eight hundred

thirty-five of this chapter, for the purpose of permitting access to

criminal history records for criminal justice purposes, subject to the

approval of the commissioner. Any such correctional alternative program

may apply for certification to the office in writing, on forms

prescribed by the office. Such application shall specify, at a minimum,

the following: the nature and scope of the program; the necessity for

access to such records related to their criminal justice function; the

names of employees, and their job titles or positions, for whom access

is being sought; and any other information the office deems necessary.

Certification shall include the designation of those employees of such

programs for whom access to such records is authorized. No designated

employee shall have access to such records until such person has

satisfactorily completed appropriate training, required by the division.

(b) Notwithstanding any other provision of law, probation departments

conducting investigations ordered by a court, for purposes of

determining custody, adoption, visitation, or guardianship shall have

access to criminal history records maintained by state law enforcement

agencies for criminal justice purposes.

4. The office shall recommend to the commissioner rules and

regulations which shall include guidelines and procedures on the

placement of sex offenders designated as level two or level three

offenders pursuant to article six-C of the correction law. Such

regulations shall instruct local probation departments to consider

certain factors when investigating and approving the residence of level

two or level three sex offenders sentenced to a period of probation.

Such factors shall include the following:

(a) the location of other sex offenders required to register under the

sex offender registration act, specifically whether there is a

concentration of registered sex offenders in a certain residential area

or municipality;

(b) the number of registered sex offenders residing at a particular

property;

(c) the proximity of entities with vulnerable populations;

(d) accessibility to family members, friends or other supportive

services, including but not limited to locally available sex offender

treatment programs with preference for placement of such individuals

into programs that have demonstrated effectiveness in reducing sex

offender recidivism and increasing public safety; and

(e) the availability of permanent, stable housing in order to reduce

the likelihood that such offenders will be transient.