N.Y. Executive Law § 262: Office assistance; plan; approval

* § 262. Office assistance; plan; approval. 1. Upon request of either

the county executive or the advisory board, through the chairperson, the

office shall assist the county in the development of its plan by

providing technical assistance either directly or through contract with

persons or organizations which have expertise in the area of pre-trial

services or alternatives to incarceration programs.

2. Upon development of a proposed plan but at least thirty days prior

to approval by the board, public comment shall be solicited for

consideration by the board prior to final action.

3. Upon approval by the board, by a majority of its members, any

county outside the city of New York acting through its county executive,

and upon approval of the local legislative body, may submit a proposed

service plan to the office for approval. The city of New York acting

through the mayor and upon approval by the board of estimate may submit

a proposed service plan to the office for approval.

4. a. Each such plan shall be submitted to the office no later than

one hundred eighty days after the effective date of the chapter of the

laws of nineteen hundred eighty-eight which amended this paragraph and

added these words or by the first day of April of each subsequent year

and shall provide that upon approval it shall become effective. Annual

renewals of service plans are required and shall be submitted to the

office no later than the first day of April of each year following

submission of the original plan. A plan may be amended from time to time

by the advisory board, subject to the approval of the local legislative

body and the office. The office may recommend amendments to a plan,

subject to the approval of the advisory board and the local legislative

body. Reasons for such amendments may include but shall not be limited

to the addition or deletion of eligible programs with due consideration

to their utilization by the court, their effect on diverting the jail

bound population, reducing the overcrowding problem and their

cost-effectiveness.

b. The office shall either approve or deny the plan no later than

sixty days following its submission. If the plan is denied, the office

shall notify the county executive in writing of such denial and the

reasons therefor and shall specify any measures which should be

undertaken to secure the approval of the office. Nothing herein shall

prohibit the amendment of a plan to overcome the office's stated reasons

for denial or the resubmission of such proposed plan for approval.

* NB Repealed September 1, 2027