N.Y. Executive Law § 264: Noncompliance with plan

* § 264. Noncompliance with plan. 1. If at any time the office

determines that a county plan is not being complied with, it shall

notify the advisory board through the chairperson and the state

commission of correction in writing of such fact, and it shall withhold

any portion of state funds not theretofore allocated. Such notice shall

state the particular reasons for the determination and demand compliance

with the plan within sixty days of the notice, setting forth the

specific actions deemed necessary to secure compliance. If compliance is

forthcoming the board and the state commission of correction shall be

notified of such fact in writing and any state funds heretofore withheld

shall be released. If compliance with the plan is not fulfilled within

such time or within a thirty day extension period as authorized herein,

the office shall notify the advisory board through the chairperson and

the state commission of correction. Upon such notification, the county

shall be deemed in noncompliance with the approved plan and the

provisions of subdivision eight of section five hundred-b of the

correction law shall be applied.

An extension may be granted by the office for a thirty day period upon

a request by the board through the chairperson, where the office

determines it to be appropriate, setting forth specific reasons for a

need for an extension and the steps which shall be undertaken to be in

compliance at the end of such period.

Any notification by the office of non-compliance pursuant to this

section shall be deemed a final determination for purposes of judicial

review.

2. The advisory board, through its chairperson, may reapply for

continuation of its approved plan or modified plan, provided it

certifies that it has complied with the specific actions deemed

necessary by the office to secure compliance. Within thirty days of

receipt of the application the office shall verify compliance with its

notice and notify the board and the state commission of correction of

its decision.

* NB Repealed September 1, 2027