§ 265 — Further authority of the office; state assistance

New York § 265

• Jurisdiction: New York
• Law EXC: Executive
• Art. 13-A: Alternatives to Incarceration Service Plans

Text

* § 265. Further authority of the office; state assistance. 1. In\nadministering the provisions of this article, the office may perform\nsuch other and further acts and recommend to the commissioner of the\ndivision of criminal justice services such rules and regulations it\ndeems necessary, proper or desirable to carry out the purpose of this\narticle and not otherwise inconsistent with the other provisions of this\narticle, chapter or any other provision of law. This shall include, but\nnot be limited to, the office's consultation with the chief\nadministrative judge of the office of court administration, the chairman\nof the state commission of correction and the commissioner of alcoholism\nand substance abuse services.\n 2. a. For the purpose of carrying out this article state assistance of\nnot less than fourteen million dollars shall be made available to cities\nwith a population of one million or more and to counties outside such\ncities in amounts to be determined; provided, however, that of the total\namount available herein, not less than seven million dollars shall be\nmade available as follows:\n (i) for each county with a population under one hundred thousand\npersons, a minimum of twenty thousand dollars or that percentage of the\ntotal dollar amount available which is equal to the percentage that the\npopulation of such county bears to the total population of the state\ndetermined on the basis of the most recent available federal census,\nwhichever is greater;\n (ii) for each county with a population over one hundred thousand and\nunder three hundred thousand persons, a minimum of sixty thousand\ndollars or that percentage of the total dollar amount available which is\nequal to the percentage that the population of such county bears to the\ntotal population of the state determined on the basis of the most recent\navailable federal census, whichever is greater;\n (iii) for each county with a population over three hundred thousand\npersons not entirely included within a city, that percentage of the\ntotal dollar amount available which is equal to the percentage that the\npopulation of such county bears to the total population of the state\ndetermined on the basis of the most recent available federal census; and\n (iv) for each city with a population of one million or more, the\namount of the total dollar amount available by this paragraph remaining\nafter the deduction of the amounts apportioned pursuant to the preceding\nsubparagraphs of this paragraph.\n b. Except as provided in section two hundred sixty-six of this\narticle, applications for such assistance must be made and submitted no\nlater than one hundred eighty days after the effective date of the\nchapter of the laws of nineteen hundred eighty-eight which amended this\nparagraph and added these words or by the first day of April of each\nsubsequent year and shall be either approved or denied by the office no\nlater than sixty days following such submission. Any part of the moneys\nso made available and not apportioned pursuant to a plan approved and\ncontract entered into with the office within the time limits required\nshall be apportioned by the office in its discretion to such a city or\ncounties on a need basis, taking into consideration incarcerated\nindividual population or prior commitment by a county in the development\nof alternatives to detention or incarceration programs.\n 3. The office may receive applications from and may enter into\ncontracts with municipalities to undertake implementation of the service\nplan and any such municipality may enter into a contract with the office\nand with such private organization or organizations for such purpose.\nExcept as provided in section two hundred sixty-six of this article, any\nsuch contract may include such provisions as may be agreed upon by the\nparties thereto, but shall include in substance at least the following:\n a. An estimate of the reasonable cost and need of the programs as\napproved by the office;\n b. In the first year of the approved service plan an agreement by the\noffice to reimburse to the municipality up to fifty percent of the\nstate's share of the costs at the initial approval of the plan; one-half\nof the remaining fifty percent of the state's share shall be allocated\nto municipalities during the implementation of the plan, provided there\nis substantial compliance with timetables and any other provisions of\nthe plan deemed necessary by the office. The balance of the state's\nshare of the costs shall be allocated to the municipality in a manner\ndetermined by the office. In any subsequent year, the office shall\nreimburse to the municipality the state's share of actual costs incurred\nunder the plan. In no event shall the state's share exceed fifty percent\nof the total cost of the plan, nor shall it be used to replace current\nexpenditures by the municipality for such alternatives programs.\nHowever, in determining the amount of the municipal share of the cost of\na program, the office shall reduce the amount of the municipal share by\nan amount equal to the costs incurred by such municipality on\nimplementation of any of the plan's provisions during the year\nimmediately preceding approval of the plan by the office. Any such\namount resulting in a reduction of the municipal share shall not be\nconsidered in calculating the municipal share of any future program;\n c. An agreement by the municipality to provide for the payment of the\nmunicipality's share of the cost of the program or programs and to\nproceed expeditiously with, and complete, the program or programs, as\napproved by the commission;\n d. Any costs in excess of the amount provided for in this subdivision\nwill be the responsibility of the municipality except as otherwise\nprovided in this article;\n e. An agreement that, in the event federal assistance, which was not\nincluded in the calculation of the state or municipal payment, becomes\navailable to the municipality, the amount of the state payment shall be\nrecalculated with the inclusion of one-half of such federal assistance\nand the amount of the municipality's payment shall be recalculated with\nthe inclusion of one-half of such federal assistance; and\n f. An agreement that in the event of private financial assistance,\nwhich was not included in the calculation of the municipal payment and\nwhich becomes available to the municipality, such financial assistance\nshall result in a reduction of the municipal share by said amount.\n * NB Repealed September 1, 2027\n