State Codes and Statutes

Statutes > New-york > Exc > Article-12 > 246

§ 246.  State  aid for probation services. 1. The program of state aid  to county probation services shall be administered by  the  division  of  criminal  justice  services  with  the  advice  of  the  state probation  commission and the director of the office of probation and  correctional  alternatives.  Funds  appropriated  to  the division for distribution as  state aid to county probation services and to the probation services  of  New  York  city  shall be distributed by the division in accordance with  rules and regulations adopted by the commissioner  of  the  division  of  criminal  justice  services  after consultation with the state probation  commission and the director of the office of probation and  correctional  alternatives.    2.  State  aid  shall  be  granted  to  the  city  of New York and the  respective counties outside the city of New York for expenditures to  be  incurred  by  the  county  or  city  in  maintaining and improving local  probation services subject to amounts  appropriated  for  this  purpose.  State  aid  grants  shall  not  be  used  for  expenditures  for capital  additions or  improvements,  or  for  debt  service  costs  for  capital  improvements.    State  aid  shall  be  granted  by the commissioner of the division of  criminal justice services after consultation with  the  state  probation  commission  and the director of the office of probation and correctional  alternatives, provided the respective counties or the city of  New  York  conform  to  standards  relating  to  the  administration  of  probation  services as adopted by the commissioner  of  the  division  of  criminal  justice  services after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives.    3.  Applications  from  counties or the city of New York for state aid  under this section shall be made by filing with the division of criminal  justice services, a detailed plan,  including  cost  estimates  covering  probation  services for the fiscal year or portion thereof for which aid  is requested. Included in such estimates shall  be  clerical  costs  and  maintenance  and  operation  costs  as  well  as  salaries  of probation  personnel and such other pertinent information as  the  commissioner  of  the  division  of criminal justice services may require. Items for which  state aid is requested under this section shall be  duly  designated  in  the  estimates  submitted.  The commissioner of the division of criminal  justice services, after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives,  shall  approve  such  plan  if  it  conforms to standards  relating to the administration of probation services as specified in the  rules adopted by him or her.    4. An approved plan and compliance  with  standards  relating  to  the  administration  of probation services promulgated by the commissioner of  the division of criminal justice services shall  be  a  prerequisite  to  eligibility for state aid.    * The  commissioner  of  the division of criminal justice services may  take  into  consideration  granting  additional  state   aid   from   an  appropriation  made  for  state  aid  for  county probation services for  counties or the city of New York when a county or the city of  New  York  demonstrates  that  additional  probation  services  were  dedicated  to  intensive supervision programs, intensive programs for sex offenders  or  programs   defined   as   juvenile   risk   intervention  services.  The  administration of such additional grants  shall  be  made  according  to  rules and regulations promulgated by the commissioner of the division of  criminal  justice  services.  Each county and the city of New York shall  certify the total amount  collected  pursuant  to  section  two  hundred  fifty-seven-c  of  this  chapter.  The  commissioner  of the division ofcriminal justice services shall thereupon certify to the comptroller for  payment by the state out of funds appropriated  for  that  purpose,  the  amount  to  which  the  county or the city of New York shall be entitled  under this section.    * NB Effective until September 1, 2011    * The  director shall thereupon certify to the comptroller for payment  by the state out of funds appropriated for that purpose, the  amount  to  which  the  county  or the city of New York shall be entitled under this  section.    * NB Effective September 1, 2011    * 5. Any county or city that does not have an approved  plan  pursuant  to  section  two hundred forty-three-a of this chapter may establish and  implement expedited procedures for the probation  service  to  determine  that  a  child  is  the subject of a petition under article seven of the  family court act or at risk of being the subject of such a petition, and  for a social services official to  determine  eligibility  for  mandated  preventive  services  pursuant  to  paragraph  (a) of subdivision one of  section four hundred nine-a of the social services law for a  child  who  is  the  subject  of  a petition pursuant to article seven of the family  court act, or is determined by an assessment unit to be at risk of being  the subject of a petition,  and  is  determined  by  a  social  services  official to be at risk of placement into foster care.    * NB Effective until June 30, 2012    * 5.  Any  county or city that does not have an approved plan pursuant  to section two hundred forty-three-a of this chapter may  establish  and  implement  expedited  procedures  for the probation service to determine  that a child is the subject of a petition under  article  seven  of  the  family court act or at risk of being the subject of such a petition, and  for  a  social  services  official to determine eligibility for mandated  preventive services pursuant to paragraph  (a)  of  subdivision  one  of  section  four  hundred nine-a of the social services law for a child who  is the subject of a petition pursuant to article  seven  of  the  family  court act, or is determined by an assessment unit to be at risk of being  the  subject  of  a  petition,  and  is  determined by a social services  official according to standards promulgated pursuant  to  section  three  hundred  ninety-eight-b  of  the  social  services  law to be at risk of  placement into foster care.    * NB Effective June 30, 2012    6.  The  director,  after  consultation  with  the   state   probation  commission,  may  authorize  or  require the comptroller to withhold the  payment of state aid to any county, or the city  of  New  York,  in  the  event that such county, or the city of New York, (a) fails to conform to  standards  of  probation  administration  as  formulated by the director  pursuant to this  section,  (b)  discontinues  or  fails  to  follow  an  approved  plan,  or  (c) fails to enforce in a satisfactory manner rules  promulgated pursuant to this section, or laws now in effect or hereafter  adopted which relate in any manner to the  administration  of  probation  services.

State Codes and Statutes

Statutes > New-york > Exc > Article-12 > 246

§ 246.  State  aid for probation services. 1. The program of state aid  to county probation services shall be administered by  the  division  of  criminal  justice  services  with  the  advice  of  the  state probation  commission and the director of the office of probation and  correctional  alternatives.  Funds  appropriated  to  the division for distribution as  state aid to county probation services and to the probation services  of  New  York  city  shall be distributed by the division in accordance with  rules and regulations adopted by the commissioner  of  the  division  of  criminal  justice  services  after consultation with the state probation  commission and the director of the office of probation and  correctional  alternatives.    2.  State  aid  shall  be  granted  to  the  city  of New York and the  respective counties outside the city of New York for expenditures to  be  incurred  by  the  county  or  city  in  maintaining and improving local  probation services subject to amounts  appropriated  for  this  purpose.  State  aid  grants  shall  not  be  used  for  expenditures  for capital  additions or  improvements,  or  for  debt  service  costs  for  capital  improvements.    State  aid  shall  be  granted  by the commissioner of the division of  criminal justice services after consultation with  the  state  probation  commission  and the director of the office of probation and correctional  alternatives, provided the respective counties or the city of  New  York  conform  to  standards  relating  to  the  administration  of  probation  services as adopted by the commissioner  of  the  division  of  criminal  justice  services after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives.    3.  Applications  from  counties or the city of New York for state aid  under this section shall be made by filing with the division of criminal  justice services, a detailed plan,  including  cost  estimates  covering  probation  services for the fiscal year or portion thereof for which aid  is requested. Included in such estimates shall  be  clerical  costs  and  maintenance  and  operation  costs  as  well  as  salaries  of probation  personnel and such other pertinent information as  the  commissioner  of  the  division  of criminal justice services may require. Items for which  state aid is requested under this section shall be  duly  designated  in  the  estimates  submitted.  The commissioner of the division of criminal  justice services, after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives,  shall  approve  such  plan  if  it  conforms to standards  relating to the administration of probation services as specified in the  rules adopted by him or her.    4. An approved plan and compliance  with  standards  relating  to  the  administration  of probation services promulgated by the commissioner of  the division of criminal justice services shall  be  a  prerequisite  to  eligibility for state aid.    * The  commissioner  of  the division of criminal justice services may  take  into  consideration  granting  additional  state   aid   from   an  appropriation  made  for  state  aid  for  county probation services for  counties or the city of New York when a county or the city of  New  York  demonstrates  that  additional  probation  services  were  dedicated  to  intensive supervision programs, intensive programs for sex offenders  or  programs   defined   as   juvenile   risk   intervention  services.  The  administration of such additional grants  shall  be  made  according  to  rules and regulations promulgated by the commissioner of the division of  criminal  justice  services.  Each county and the city of New York shall  certify the total amount  collected  pursuant  to  section  two  hundred  fifty-seven-c  of  this  chapter.  The  commissioner  of the division ofcriminal justice services shall thereupon certify to the comptroller for  payment by the state out of funds appropriated  for  that  purpose,  the  amount  to  which  the  county or the city of New York shall be entitled  under this section.    * NB Effective until September 1, 2011    * The  director shall thereupon certify to the comptroller for payment  by the state out of funds appropriated for that purpose, the  amount  to  which  the  county  or the city of New York shall be entitled under this  section.    * NB Effective September 1, 2011    * 5. Any county or city that does not have an approved  plan  pursuant  to  section  two hundred forty-three-a of this chapter may establish and  implement expedited procedures for the probation  service  to  determine  that  a  child  is  the subject of a petition under article seven of the  family court act or at risk of being the subject of such a petition, and  for a social services official to  determine  eligibility  for  mandated  preventive  services  pursuant  to  paragraph  (a) of subdivision one of  section four hundred nine-a of the social services law for a  child  who  is  the  subject  of  a petition pursuant to article seven of the family  court act, or is determined by an assessment unit to be at risk of being  the subject of a petition,  and  is  determined  by  a  social  services  official to be at risk of placement into foster care.    * NB Effective until June 30, 2012    * 5.  Any  county or city that does not have an approved plan pursuant  to section two hundred forty-three-a of this chapter may  establish  and  implement  expedited  procedures  for the probation service to determine  that a child is the subject of a petition under  article  seven  of  the  family court act or at risk of being the subject of such a petition, and  for  a  social  services  official to determine eligibility for mandated  preventive services pursuant to paragraph  (a)  of  subdivision  one  of  section  four  hundred nine-a of the social services law for a child who  is the subject of a petition pursuant to article  seven  of  the  family  court act, or is determined by an assessment unit to be at risk of being  the  subject  of  a  petition,  and  is  determined by a social services  official according to standards promulgated pursuant  to  section  three  hundred  ninety-eight-b  of  the  social  services  law to be at risk of  placement into foster care.    * NB Effective June 30, 2012    6.  The  director,  after  consultation  with  the   state   probation  commission,  may  authorize  or  require the comptroller to withhold the  payment of state aid to any county, or the city  of  New  York,  in  the  event that such county, or the city of New York, (a) fails to conform to  standards  of  probation  administration  as  formulated by the director  pursuant to this  section,  (b)  discontinues  or  fails  to  follow  an  approved  plan,  or  (c) fails to enforce in a satisfactory manner rules  promulgated pursuant to this section, or laws now in effect or hereafter  adopted which relate in any manner to the  administration  of  probation  services.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-12 > 246

§ 246.  State  aid for probation services. 1. The program of state aid  to county probation services shall be administered by  the  division  of  criminal  justice  services  with  the  advice  of  the  state probation  commission and the director of the office of probation and  correctional  alternatives.  Funds  appropriated  to  the division for distribution as  state aid to county probation services and to the probation services  of  New  York  city  shall be distributed by the division in accordance with  rules and regulations adopted by the commissioner  of  the  division  of  criminal  justice  services  after consultation with the state probation  commission and the director of the office of probation and  correctional  alternatives.    2.  State  aid  shall  be  granted  to  the  city  of New York and the  respective counties outside the city of New York for expenditures to  be  incurred  by  the  county  or  city  in  maintaining and improving local  probation services subject to amounts  appropriated  for  this  purpose.  State  aid  grants  shall  not  be  used  for  expenditures  for capital  additions or  improvements,  or  for  debt  service  costs  for  capital  improvements.    State  aid  shall  be  granted  by the commissioner of the division of  criminal justice services after consultation with  the  state  probation  commission  and the director of the office of probation and correctional  alternatives, provided the respective counties or the city of  New  York  conform  to  standards  relating  to  the  administration  of  probation  services as adopted by the commissioner  of  the  division  of  criminal  justice  services after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives.    3.  Applications  from  counties or the city of New York for state aid  under this section shall be made by filing with the division of criminal  justice services, a detailed plan,  including  cost  estimates  covering  probation  services for the fiscal year or portion thereof for which aid  is requested. Included in such estimates shall  be  clerical  costs  and  maintenance  and  operation  costs  as  well  as  salaries  of probation  personnel and such other pertinent information as  the  commissioner  of  the  division  of criminal justice services may require. Items for which  state aid is requested under this section shall be  duly  designated  in  the  estimates  submitted.  The commissioner of the division of criminal  justice services, after consultation with the state probation commission  and  the  director  of  the  office  of   probation   and   correctional  alternatives,  shall  approve  such  plan  if  it  conforms to standards  relating to the administration of probation services as specified in the  rules adopted by him or her.    4. An approved plan and compliance  with  standards  relating  to  the  administration  of probation services promulgated by the commissioner of  the division of criminal justice services shall  be  a  prerequisite  to  eligibility for state aid.    * The  commissioner  of  the division of criminal justice services may  take  into  consideration  granting  additional  state   aid   from   an  appropriation  made  for  state  aid  for  county probation services for  counties or the city of New York when a county or the city of  New  York  demonstrates  that  additional  probation  services  were  dedicated  to  intensive supervision programs, intensive programs for sex offenders  or  programs   defined   as   juvenile   risk   intervention  services.  The  administration of such additional grants  shall  be  made  according  to  rules and regulations promulgated by the commissioner of the division of  criminal  justice  services.  Each county and the city of New York shall  certify the total amount  collected  pursuant  to  section  two  hundred  fifty-seven-c  of  this  chapter.  The  commissioner  of the division ofcriminal justice services shall thereupon certify to the comptroller for  payment by the state out of funds appropriated  for  that  purpose,  the  amount  to  which  the  county or the city of New York shall be entitled  under this section.    * NB Effective until September 1, 2011    * The  director shall thereupon certify to the comptroller for payment  by the state out of funds appropriated for that purpose, the  amount  to  which  the  county  or the city of New York shall be entitled under this  section.    * NB Effective September 1, 2011    * 5. Any county or city that does not have an approved  plan  pursuant  to  section  two hundred forty-three-a of this chapter may establish and  implement expedited procedures for the probation  service  to  determine  that  a  child  is  the subject of a petition under article seven of the  family court act or at risk of being the subject of such a petition, and  for a social services official to  determine  eligibility  for  mandated  preventive  services  pursuant  to  paragraph  (a) of subdivision one of  section four hundred nine-a of the social services law for a  child  who  is  the  subject  of  a petition pursuant to article seven of the family  court act, or is determined by an assessment unit to be at risk of being  the subject of a petition,  and  is  determined  by  a  social  services  official to be at risk of placement into foster care.    * NB Effective until June 30, 2012    * 5.  Any  county or city that does not have an approved plan pursuant  to section two hundred forty-three-a of this chapter may  establish  and  implement  expedited  procedures  for the probation service to determine  that a child is the subject of a petition under  article  seven  of  the  family court act or at risk of being the subject of such a petition, and  for  a  social  services  official to determine eligibility for mandated  preventive services pursuant to paragraph  (a)  of  subdivision  one  of  section  four  hundred nine-a of the social services law for a child who  is the subject of a petition pursuant to article  seven  of  the  family  court act, or is determined by an assessment unit to be at risk of being  the  subject  of  a  petition,  and  is  determined by a social services  official according to standards promulgated pursuant  to  section  three  hundred  ninety-eight-b  of  the  social  services  law to be at risk of  placement into foster care.    * NB Effective June 30, 2012    6.  The  director,  after  consultation  with  the   state   probation  commission,  may  authorize  or  require the comptroller to withhold the  payment of state aid to any county, or the city  of  New  York,  in  the  event that such county, or the city of New York, (a) fails to conform to  standards  of  probation  administration  as  formulated by the director  pursuant to this  section,  (b)  discontinues  or  fails  to  follow  an  approved  plan,  or  (c) fails to enforce in a satisfactory manner rules  promulgated pursuant to this section, or laws now in effect or hereafter  adopted which relate in any manner to the  administration  of  probation  services.