N.Y. Executive Law § 261: Alternatives to incarceration service plans

* § 261. Alternatives to incarceration service plans. 1. As used in

this article:

a. "Service plan" or "plan" means a county plan designed to identify

and provide eligible programs as determined by either an advisory board

established pursuant to this article, or by an existing criminal justice

coordinating council, provided, however, the membership of such council

includes a majority of those persons set forth in subdivision two of

this section, provided that one person shall be the chief administrative

officer. The following factors considered, utilized and incorporated in

the plan shall include but not be limited to:

(i) an analysis of the jail population to assist in determining

incarceration practices and trends, including, if submitting an approved

amendment pursuant to section two hundred sixty-six of this article, an

analysis of the relationship between alcohol, drugs and crime and the

effects of alcohol and substance abuse on the local criminal justice

system and jail, probation and alternatives to incarceration

populations, consistent with planning guidelines established by the

office; the types and nature of alternative programming needed, and

appropriate eligibility requirements;

(ii) an analysis of recent overcrowding problems and measures taken by

the county to relieve them;

(iii) a summary of existing alternatives programs and/or related

services and previous efforts made by the county to develop alternatives

to incarceration and if an approved amendment is submitted, pursuant to

section two hundred sixty-six of this article, a summary of existing

alcohol and substance abuse programs;

(iv) a comprehensive plan for the development of alternatives programs

that addresses the specific needs identified in subparagraph (i) of this

paragraph and furthers the county's long-range goals in the area of

alternatives to incarceration;

(v) specific proposals for the use of state aid available under this

chapter, including a description of services to be provided,

characteristics of the target populations, steps to be taken to identify

eligible participants, the goals and objectives to be accomplished

through the proposals;

(vi) a detailed time frame for the implementation and evaluation of

the specific proposals described in subparagraph (v) of this paragraph;

(vii) a summary of those criteria by which the office and the state

commission of correction may measure the proposal's impact on jail

overcrowding; and

(viii) any other information which the office may request consistent

with the purposes of this chapter.

Nothing in this article shall prohibit the development of regional

programs by two or more counties.

b. "Eligible programs" means existing programs, enhancement of

existing programs or initiation of new programs or, if submitting an

approved amendment pursuant to section two hundred sixty-six of this

article, eligible alcohol and substance abuse programs as defined in

paragraph c of this subdivision which serve to assist the court, public

officers or others in identifying and avoiding the inappropriate use of

incarceration. Such programs may be administered by either the county or

private, community-based organizations and may include, but shall not be

limited to: new or enhanced specialized probation services which exceed

those probation services otherwise required to be performed in

accordance with applicable law, rule or regulation of the division of

criminal justice services subject to the provisions of this article; a

pre-trial alternative to detention program, including a comprehensive

pre-arraignment program which screens all defendants and ensures that

the court is fully advised of the availability of alternatives based

upon the defendant's suitability and needs prior to its determination

regarding the issuance of a securing order, or an effective bail review

program; alternatives to post-adjudicatory incarceration programs,

including community service, substance abuse or alcohol intervention

programs; and management information systems designed to improve the

county's ability to identify appropriate persons for alternatives to

detention or incarceration, as well as for improved classification of

persons within jail. For purposes of this paragraph, community service

programs may place persons performing community service at worksites

identified by the commissioner of the department of environmental

conservation and the commissioner of the office of parks, recreation and

historic preservation.

c. "Eligible alcohol and substance abuse programs" means eligible

programs which serve to assist the courts, public officers and others in

identifying and avoiding inappropriate incarceration by providing

services to offenders who have or have had a history of alcohol or

substance abuse and who, having been charged with or convicted of a

felony are also at risk of incarceration as a pre-trial detainee, a

determinate sentenced offender, an indeterminate sentenced offender, a

probation violator, or a parole violator. Such services may include, but

shall not be limited to programs and services that provide treatment,

care or rehabilitative services, either residential or out-patient, to

such offenders, or programs and services that provide for the purpose of

developing individualized service plans to address such offender's

alcohol or substance abuse problem, or programs and services that

provide referrals and other linkages to alcohol or substance abuse

programs to such offenders.

d. "Inappropriate incarceration" means instances where a person is or

is about to be confined or otherwise held in custody prior to trial on a

criminal charge, or pursuant to a sentence imposed upon conviction for

an offense, or pursuant to any criminal court order of commitment, and

where the purposes of such confinement would be adequately served by an

alternative to incarceration.

e. "Approved plan" means a plan submitted by the county executive upon

approval by the advisory board or council and by the local legislative

body, which has been determined by the office to meet the requirements

set forth in paragraph a of this subdivision.

f. "Approved amendment" means an amendment submitted by the county

executive upon approval by the advisory board or council and by the

local legislative body, which has been determined by the division to

meet the requirements set forth in section 266 of this article to

provide eligible alcohol and substance abuse programs.

g. "Advisory board" means that body established pursuant to this

section or a criminal justice coordinating council whose members include

the chief administrative officer and a majority of the members set forth

in subdivision two of this section.

h. "County executive" means a county administrator, county manager,

county director or county president and in cities with a population of

one million or more, the mayor.

i. "Office" means the office of probation and correctional

alternatives.

2. Every advisory board established for purposes of this article shall

include the following persons or their representatives:

a. County court judge, as appointed by the administrative judge for

that county; in cities with a population of one million or more, a

supreme court judge, as appointed by the administrative judge for that

city;

b. Police court, district court, town court or village court judge, as

appointed by the administrative judge of that county; in cities with a

population of one million or more, a criminal court judge, as appointed

by the administrative judge for that city;

c. The district attorney; in cities with a population of one million

or more, the district attorney shall be selected by the district

attorneys of the five boroughs to represent their joint views;

d. A representative of each of the agencies providing legal services

to those unable to afford counsel in criminal cases, not to exceed two;

e. County legislator or member of the county board of supervisors or,

in cities of one million of more, city councilman who chairs a public

safety committee, or the committee best designed to deal with this

subject, should such a committee exist;

f. County director of probation; in cities with a population of one

million or more, the commissioner of the department of probation;

g. Chief administrative officer;

h. A representative of local police agencies, other than the chief

administrative officer, selected by the heads of all such agencies to

represent their joint views; in cities with a population of one million

or more, the police commissioner;

i. Representative of a private organization operating within a county

who has experience and involvement in alternatives to incarceration

programs or pre-trial service programs, as designated by the county

executive;

j. Ex-offender and a crime victim, each designated by the county

executive;

k. County executive;

l. The director of community services as defined in section 41.03 of

the mental hygiene law; and

m. An individual within a county who provides state certified alcohol

and/or substance abuse treatment programs or services.

Prior to any official action by the board, all members shall be

designated. The chairperson shall be the county executive or his or her

duly designated representative. In cities with a population of one

million or more, a single advisory board shall be established.

* NB Repealed September 1, 2027