N.Y. Executive Law § 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, 2027

* 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, 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 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.