§ 246 — State aid for probation services

New York § 246

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

Text

§ 246. State aid for probation services. 1. The program of state aid\nto county probation services shall be administered by the division of\ncriminal justice services with the advice of the state probation\ncommission and the director of the office of probation and correctional\nalternatives. Funds appropriated to the division for distribution as\nstate aid to county probation services and to the probation services of\nNew York city shall be distributed by the division in accordance with\nrules and regulations adopted by the commissioner of the division of\ncriminal justice services after consultation with the state probation\ncommission and the director of the office of probation and correctional\nalternatives.\n 2. State aid shall be granted to the city of New York and the\nrespective counties outside the city of New York for expenditures to be\nincurred by the county or city in maintaining and improving local\nprobation services subject to amounts appropriated for this purpose.\nState aid grants shall not be used for expenditures for capital\nadditions or improvements, or for debt service costs for capital\nimprovements.\n State aid shall be granted by the commissioner of the division of\ncriminal justice services after consultation with the state probation\ncommission and the director of the office of probation and correctional\nalternatives, provided the respective counties or the city of New York\nconform to standards relating to the administration of probation\nservices as adopted by the commissioner of the division of criminal\njustice services after consultation with the state probation commission\nand the director of the office of probation and correctional\nalternatives.\n 3. Applications from counties or the city of New York for state aid\nunder this section shall be made by filing with the division of criminal\njustice services, a detailed plan, including cost estimates covering\nprobation services for the fiscal year or portion thereof for which aid\nis requested. Included in such estimates shall be clerical costs and\nmaintenance and operation costs as well as salaries of probation\npersonnel and such other pertinent information as the commissioner of\nthe division of criminal justice services may require. Items for which\nstate aid is requested under this section shall be duly designated in\nthe estimates submitted. The commissioner of the division of criminal\njustice services, after consultation with the state probation commission\nand the director of the office of probation and correctional\nalternatives, shall approve such plan if it conforms to standards\nrelating to the administration of probation services as specified in the\nrules adopted by him or her.\n 4. An approved plan and compliance with standards relating to the\nadministration of probation services promulgated by the commissioner of\nthe division of criminal justice services shall be a prerequisite to\neligibility for state aid.\n * The commissioner of the division of criminal justice services may\ntake into consideration granting additional state aid from an\nappropriation made for state aid for county probation services for\ncounties or the city of New York when a county or the city of New York\ndemonstrates that additional probation services were dedicated to\nintensive supervision programs and intensive programs for sex offenders.\nThe commissioner shall grant additional state aid from an appropriation\ndedicated to juvenile risk intervention services coordination by\nprobation departments which shall include, but not be limited to,\nprobation services performed under article three of the family court\nact. The administration of such additional grants shall be made\naccording to rules and regulations promulgated by the commissioner of\nthe division of criminal justice services. Each county and the city of\nNew York shall certify the total amount collected pursuant to section\ntwo hundred fifty-seven-c of this chapter. The commissioner of the\ndivision of criminal justice services shall thereupon certify to the\ncomptroller for payment by the state out of funds appropriated for that\npurpose, the amount to which the county or the city of New York shall be\nentitled under this section. The commissioner shall, subject to an\nappropriation made available for such purpose, establish and provide\nfunding to probation departments for a continuum of evidence-based\nintervention services for youth alleged or adjudicated juvenile\ndelinquents pursuant to article three of the family court act or for\neligible youth before or sentenced under the youth part in accordance\nwith the criminal procedure law. Such additional state aid shall be made\nin an amount necessary to pay one hundred percent of the expenditures\nfor evidence-based practices and juvenile risk and evidence-based\nintervention services provided to youth sixteen years of age or older\nwhen such services would not otherwise have been provided absent the\nprovisions of a chapter of the laws of two thousand seventeen that\nincreased the age of juvenile jurisdiction.\n * NB Effective until September 1, 2027\n * The commissioner of the division of criminal justice services may\ntake into consideration granting additional state aid from an\nappropriation made for state aid for county probation services for\ncounties or the city of New York when a county or the city of New York\ndemonstrates that additional probation services were dedicated to\nintensive supervision programs and intensive programs for sex offenders.\nThe commissioner shall grant additional state aid from an appropriation\ndedicated to juvenile risk intervention services coordination by\nprobation departments which shall include, but not be limited to,\nprobation services performed under article three of the family court\nact. The administration of such additional grants shall be made\naccording to rules and regulations promulgated by the commissioner of\nthe division of criminal justice services. Each county and the city of\nNew York shall certify the total amount collected pursuant to section\ntwo hundred fifty-seven-c of this chapter. The commissioner of the\ndivision of criminal justice services shall thereupon certify to the\ncomptroller for payment by the state out of funds appropriated for that\npurpose, the amount to which the county or the city of New York shall be\nentitled under this section. The commissioner shall, subject to an\nappropriation made available for such purpose, establish and provide\nfunding to probation departments for a continuum of evidence-based\nintervention services for youth alleged or adjudicated juvenile\ndelinquents pursuant to article three of the family court act or for\neligible youth before or sentenced under the youth part in accordance\nwith the criminal procedure law.\n * NB Effective September 1, 2027\n * 5. Any county or city that does not have an approved plan pursuant\nto section two hundred forty-three-a of this chapter may establish and\nimplement expedited procedures for the probation service to determine\nthat a child is the subject of a petition under article seven of the\nfamily court act or at risk of being the subject of such a petition, and\nfor a social services official to determine eligibility for mandated\npreventive services pursuant to paragraph (a) of subdivision one of\nsection four hundred nine-a of the social services law for a child who\nis the subject of a petition pursuant to article seven of the family\ncourt act, or is determined by an assessment unit to be at risk of being\nthe subject of a petition, and is determined by a social services\nofficial to be at risk of placement into foster care.\n * NB Effective until June 30, 2027\n * 5. Any county or city that does not have an approved plan pursuant\nto section two hundred forty-three-a of this chapter may establish and\nimplement expedited procedures for the probation service to determine\nthat a child is the subject of a petition under article seven of the\nfamily court act or at risk of being the subject of such a petition, and\nfor a social services official to determine eligibility for mandated\npreventive services pursuant to paragraph (a) of subdivision one of\nsection four hundred nine-a of the social services law for a child who\nis the subject of a petition pursuant to article seven of the family\ncourt act, or is determined by an assessment unit to be at risk of being\nthe subject of a petition, and is determined by a social services\nofficial according to standards promulgated pursuant to section three\nhundred ninety-eight-b of the social services law to be at risk of\nplacement into foster care.\n * NB Effective June 30, 2027\n 6. The director, after consultation with the state probation\ncommission, may authorize or require the comptroller to withhold the\npayment of state aid to any county, or the city of New York, in the\nevent that such county, or the city of New York, (a) fails to conform to\nstandards of probation administration as formulated by the director\npursuant to this section, (b) discontinues or fails to follow an\napproved plan, or (c) fails to enforce in a satisfactory manner rules\npromulgated pursuant to this section, or laws now in effect or hereafter\nadopted which relate in any manner to the administration of probation\nservices.\n