§ 243 — Supervision of administration of local probation and correctional alternatives

New York § 243

• Jurisdiction: New York
• Law EXC: Executive
• Art. 12: Office of Probation and Correctional Alternatives

Text

§ 243. Supervision of administration of local probation and\ncorrectional alternatives. 1. The office shall exercise general\nsupervision over the administration of probation services throughout the\nstate, including probation in family courts and shall collect\nstatistical and other information and make recommendations regarding the\nadministration of probation services in the courts. The office shall\nendeavor to secure the effective application of the probation system and\nthe enforcement of the probation laws and the laws relating to family\ncourts throughout the state. After consultation with the state probation\ncommission, the office shall recommend to the commissioner general rules\nwhich shall regulate methods and procedure in the administration of\nprobation services, including investigation of defendants prior to\nsentence, and children prior to adjudication, supervision, case work,\nrecord keeping, and accounting, program planning and research so as to\nsecure the most effective application of the probation system and the\nmost efficient enforcement of the probation laws throughout the state.\nSuch rules shall provide that the probation investigations ordered by\nthe court in designated felony act cases under subdivision one of\nsection 351.1 of the family court act shall have priority over other\ncases arising under articles three and seven of such act. When duly\nadopted by the commissioner, such rules shall be binding upon all\nprobation officers and when duly adopted shall have the force and effect\nof law, but shall not supersede rules that may be adopted pursuant to\nthe family court act. The office shall keep informed as to the work of\nall probation officers and shall from time to time inquire into and\nreport upon their conduct and efficiency. The office may investigate the\nwork of any probation bureau or probation officer and shall have access\nto all records and probation offices. The office may issue subpoenas to\ncompel the attendance of witnesses or the production of books and\npapers. The office may administer oaths and examine persons under oath.\nThe office may recommend to the appropriate authorities the removal of\nany probation officer. The office may from time to time publish reports\nregarding probation including probation in family courts, and the\noperation of the probation system including probation in family courts\nand any other information regarding probation as the office may\ndetermine provided expenditures for such purpose are within amounts\nappropriated therefor.\n 2. The office shall exercise general supervision over the utilization\nof correctional alternative programs throughout the state. The office\nshall collect statistical and other information and make recommendations\nregarding the availability, identification, coordination and utilization\nof such programs. The office shall endeavor to facilitate communication\nand coordination among and between correctional alternative programs and\nprobation services in order to assist in making effective use of such\nprograms. A correctional alternative program shall be deemed to refer to\nthose programs, including eligible programs as defined in paragraph b of\nsubdivision one of section two hundred sixty-one of this chapter, which\nby themselves, or when used in conjunction with one or more programs or\nwith probation services, may serve as an alternative to a sentence or\ndisposition of incarceration or a portion thereof, and which shall serve\nthe interests of justice. The office shall further exercise general\nsupervision over the administration and implementation of alternatives\nto incarceration service plans under the provisions of article\nthirteen-A of this chapter. The office shall recommend to the\ncommissioner general rules and regulations which shall regulate methods\nand procedures in the administration and funding of alternative to\nincarceration service plans, and any other correctional alternative\nprogram funded by the state through the division, including but not\nlimited to issuance of quarterly reports as specified by section two\nhundred sixty-three of this chapter. When duly adopted by the\ncommissioner, such rules and regulations shall be binding upon all\ncounties and eligible programs that may be funded in such plans and when\nduly adopted shall have the force and effect of law. The office shall\nkeep informed as to the development, implementation and utilization of\nplans and funded eligible programs therein and shall from time to time\ninquire into and report upon their work and efficiency. The office shall\ninvestigate the work of any funded plan or eligible program and shall\nhave access to their records and offices for such purpose.\n 3. (a) The office shall have the authority to certify to the\ncommissioner those correctional alternative programs subject to\nsupervision of the office and determined to perform a criminal justice\nfunction, as defined in subdivision ten of section eight hundred\nthirty-five of this chapter, for the purpose of permitting access to\ncriminal history records for criminal justice purposes, subject to the\napproval of the commissioner. Any such correctional alternative program\nmay apply for certification to the office in writing, on forms\nprescribed by the office. Such application shall specify, at a minimum,\nthe following: the nature and scope of the program; the necessity for\naccess to such records related to their criminal justice function; the\nnames of employees, and their job titles or positions, for whom access\nis being sought; and any other information the office deems necessary.\nCertification shall include the designation of those employees of such\nprograms for whom access to such records is authorized. No designated\nemployee shall have access to such records until such person has\nsatisfactorily completed appropriate training, required by the division.\n (b) Notwithstanding any other provision of law, probation departments\nconducting investigations ordered by a court, for purposes of\ndetermining custody, adoption, visitation, or guardianship shall have\naccess to criminal history records maintained by state law enforcement\nagencies for criminal justice purposes.\n 4. The office shall recommend to the commissioner rules and\nregulations which shall include guidelines and procedures on the\nplacement of sex offenders designated as level two or level three\noffenders pursuant to article six-C of the correction law. Such\nregulations shall instruct local probation departments to consider\ncertain factors when investigating and approving the residence of level\ntwo or level three sex offenders sentenced to a period of probation.\nSuch factors shall include the following:\n (a) the location of other sex offenders required to register under the\nsex offender registration act, specifically whether there is a\nconcentration of registered sex offenders in a certain residential area\nor municipality;\n (b) the number of registered sex offenders residing at a particular\nproperty;\n (c) the proximity of entities with vulnerable populations;\n (d) accessibility to family members, friends or other supportive\nservices, including but not limited to locally available sex offender\ntreatment programs with preference for placement of such individuals\ninto programs that have demonstrated effectiveness in reducing sex\noffender recidivism and increasing public safety; and\n (e) the availability of permanent, stable housing in order to reduce\nthe likelihood that such offenders will be transient.\n