N.Y. Executive Law § 255: Probation in the city of New York

§ 255. Probation in the city of New York. 1. There is hereby created a

department of probation in and for the city of New York to have charge

of all probation work in the supreme, family and criminal courts in the

counties of Bronx, Kings, New York, Queens and Richmond.

2. The head of such department shall be a director of probation

appointed by the mayor of the city of New York to serve during the

pleasure of the mayor. The director shall have charge of the

administration of the department and shall be responsible for carrying

out the functions of the department including intake, investigation,

supervision, conciliation and pre-disposition social treatment in cases

coming to the courts referred to in this section. The director may,

from time to time, create, abolish, transfer and consolidate bureaus and

other units within the department as he may determine necessary for

efficient operation thereof. He also shall have the power to appoint and

remove such deputy directors, assistants, probation officers and other

employees as may be needed for the performance of the duties of the

department and may prescribe their duties and fix their compensation,

within appropriations made available therefor by the city of New York

and subject to all applicable civil service laws and rules and

regulations. The director may, in his discretion, appoint volunteer

probation officers, when necessary, provided they have the

qualifications required of salaried officers, but no such volunteer

probation officer shall receive pay from the public funds for his

services. The city of New York shall make the necessary appropriation

for the salaries of the director and of all officers and employees of

the department as referred to herein, as well for the expenses actually

and necessarily incurred by such director, officers and employees in the

performance of their duties.

3. The director shall discharge his powers and responsibilities in

accordance with all laws and rules applicable to probation and with the

general rules regulating methods and procedure in the administration of

probation as adopted from time to time pursuant to section two hundred

forty-three of this chapter. He may adopt departmental rules, not

inconsistent with law or the aforesaid general rules, to regulate the

policies, programs, standards, and methods of procedure in relation to

probation and the powers and duties of officers and employees as in his

judgment he deems proper.

4. The head of such probation department, out of moneys appropriated

to such department for that purpose, is authorized to grant scholarships

to employees in the probation service in such department, for graduate

training in the field of probation at graduate schools or departments of

social work located within the state whose programs are registered by

the regents and accredited by the council on social work education. Each

such scholarship shall entitle the holder thereof to a sum sufficient to

pay the cost of tuition, not to exceed two thousand dollars annually,

while in attendance at any of the said schools or departments for a

period not to exceed two years of graduate professional study.

Scholarships under this section shall be awarded to employees in the

probation service in such department who apply therefor in the order of

their seniority in their civil service titles.

5. Notwithstanding any other provision of law or of the New York city

charter or administrative code, any duly appointed officer or employee

of such probation department may reside in any county within the state.