N.Y. Executive Law § 256: Local probation departments

§ 256. Local probation departments. 1. Each county shall maintain or

provide for a probation agency or agencies to perform probation services

therein, including intake, investigation, pre-sentence reports,

supervision, conciliation, social treatment and such other functions as

are assigned to probation agencies pursuant to law.

2. The board of supervisors or county legislatures of a county may

establish a county probation department in which there may be merged and

consolidated the responsibility for carrying out the probation work for

all matters under the jurisdiction of the family court, the superior

courts and the local criminal courts in and for the county. In any

county where the board of supervisors or county legislatures does not

establish a probation department to perform all probation work in the

county, as hereinabove provided, separate probation departments to carry

out the probation work for matters under the jurisdiction of particular

courts may be established and there may be merged and consolidated

therein the probation work for matters under the jurisdiction of two or

more courts. Any probation department that does not perform all

probation work in the county shall be known as the probation department

for the court or courts it is to serve.

3. Two or more counties may by agreement between the local governing

bodies thereof provide for the establishment, operation and maintenance

of a joint county probation department. Any probation department so

established shall have charge of all probation work in and for all the

courts in said counties. If any such county or court therein included in

the agreement shall already have a probation service, such agreement

shall provide that all officers and employees in such service shall

retain their civil service status and be transferred to the joint county

probation service without further examination or qualification, provided

however that, subject to the civil service law, such agreement may

provide for the abolition of existing unnecessary offices or positions

and the transfer of officers and employees to comparable positions. Any

such agreement shall provide for the proportionate cost, including but

not limited to salaries and employer's retirement contributions, of such

joint county probation service to be borne by each county and may

provide that the treasurer of one county participating in such agreement

shall be the custodian of the moneys made available for expenditure for

the purposes of such joint county probation service and that such

treasurer may make payments from such moneys for such purposes upon

audit of the appropriate auditing officer or body of such county. Such

agreement may provide for such other matters as are necessary and proper

to effectuate the purposes of this subdivision.

4. A probation department established pursuant to this section shall

consist of a director of probation and such deputies, supervisors,

probation officers and other employees as may be appointed pursuant to

the provisions of this section and the provisions of section two hundred

fifty-seven of this chapter.

5. The director of each probation department, other than a joint

county department, shall be appointed by the chief executive officer of

the county. The director of a joint county probation department shall be

appointed by agreement between the chief executive officers of the

counties participating in such agreement or a majority of them and in

the event of a deadlock the director of the office of probation and

correctional alternatives shall participate in the making of the

decision. Where a county has no chief executive officer, the appointment

of, or agreement to appoint, the director shall be made by the chairman

of the board of supervisors or county legislatures. The director of a

probation department shall have the power to appoint all deputies,

supervisors, probation officers and other employees in such department

within appropriations made available therefor by the board of

supervisors or county legislatures. The board of supervisors or county

legislatures shall fix the salaries of all personnel in the department

and make the necessary appropriations therefor as well as for the

expenses actually and necessarily incurred by such officers and

employees in the performance of their duties. In the case of a joint

county department the salaries of personnel and the amounts of other

expenditures to be made available for operation of the department shall

be set forth in the agreement between the counties, and the boards of

supervisors or county legislatures shall make the appropriations

required for the respective proportionate costs thereof.

6. (a) Each probation agency or department and state operated

probation services shall provide for intake, investigation, supervision

and conciliation services relating to custody, visitation and paternity

proceedings and may provide for such services in support proceedings

under the provisions of articles four, five, five-A and six of the

family court act. For purposes of this subdivision, intake services: (i)

relating to support proceedings under article four and relating to

paternity proceedings under articles five and five-A of the family court

act, shall include referral to the office of temporary and disability

assistance's child support enforcement unit in cases where a person is

applying for or receiving public assistance or where a person chooses to

utilize the services of such unit; (ii) relating to support proceedings

under article four of the family court act, shall include services

rendered to the payors of support orders seeking to modify such orders.

(b) Each probation agency or department is authorized to enter into a

contract with the appropriate local social services district for the

performance of the functions of the support collection unit, in

accordance with the provisions of section one hundred eleven-h of the

social services law.

7. The provisions of this section shall not apply to any county that

is located wholly within a city; provided, however, that the provisions

of subdivision six of this section shall apply in like manner to any

county that is located wholly within a city.