S T A T E O F N E W Y O R K
________________________________________________________________________
10793--A
I N A S S E M B L Y
April 21, 2010
___________
Introduced by M. of A. WEINSTEIN, AUBRY, LENTOL, SCARBOROUGH -- (at
request of the Office of Court Administration) -- read once and
referred to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the judiciary law and the executive law, in relation to
probation services in family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The judiciary law is amended by adding a new article 7-BB
to read as follows:
ARTICLE 7-BB
THE JUDICIARY AND PROBATION SERVICES
IN FAMILY COURT
SECTION 225. SUPERVISION OF PROBATION SERVICES IN FAMILY COURT BY THE
JUDICIARY.
226. FAMILY COURT PROBATION ADVISORY BOARD.
227. STATE REIMBURSEMENT FOR LOCAL PROBATION SERVICES IN FAMILY
COURT.
228. FAMILY COURT PROBATION SERVICES ASSISTANCE PROGRAM.
229. CONSULTATION WITH THE STATE DIRECTOR OF PROBATION AND
CORRECTIONAL ALTERNATIVES.
S 225. SUPERVISION OF PROBATION SERVICES IN FAMILY COURT BY THE JUDI-
CIARY. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL EXERCISE GENERAL
SUPERVISION OVER THE ADMINISTRATION OF PROBATION SERVICES IN FAMILY
COURTS THROUGHOUT THE STATE. IN DISCHARGE OF THIS AUTHORITY, AND TO THE
EXTENT APPROPRIATE TO THIS RESPONSIBILITY, HE OR SHE SHALL HAVE THE SAME
POWERS AND DUTIES AS THE DIRECTOR OF THE DIVISION OF PROBATION AND
CORRECTIONAL ALTERNATIVES HAS UNDER PROVISIONS OF THE EXECUTIVE LAW IN
RELATION TO THOSE PROBATION SERVICES THAT ARE ADMINISTERED BY HIS OR HER
OFFICE. THE CHIEF ADMINISTRATOR ALSO SHALL:
1. DEVELOP AND, AS NECESSARY, REVISE GENERAL RULES, WHICH SHALL BE
EFFECTIVE FOLLOWING APPROVAL BY THE FAMILY COURT PROBATION ADVISORY
BOARD AND WHICH, IN RELATION TO PROBATION SERVICES IN FAMILY COURT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16492-04-0
A. 10793--A 2
SHALL: (A) REGULATE METHODS AND PROCEDURES IN THE ADMINISTRATION OF
PROBATION SERVICES, INCLUDING INTAKE AND DIVERSION, INVESTIGATION OF
CHILDREN PRIOR TO ADJUDICATION, SUPERVISION, CASE WORK, RECORD KEEPING,
ACCOUNTING, PROGRAM PLANNING AND RESEARCH SO AS TO SECURE THE MOST
EFFECTIVE APPLICATION OF THE PROBATION SYSTEM AND THE MOST EFFICIENT
ENFORCEMENT OF THE PROBATION LAWS THROUGHOUT THE STATE; AND (B) BE BIND-
ING UPON ALL PROBATION OFFICERS AND HAVE THE FORCE AND EFFECT OF LAW,
BUT SHALL NOT SUPERSEDE RULES THAT MAY BE ADOPTED PURSUANT TO THE FAMILY
COURT ACT; AND
2. DEVELOP AND, AS NECESSARY, REVISE WORKLOAD STANDARDS FOR PROBATION
OFFICERS IN RELATION TO SERVICES IN FAMILY COURT, WHICH SHALL BE EFFEC-
TIVE FOLLOWING APPROVAL BY THE FAMILY COURT PROBATION ADVISORY BOARD.
THESE WORKLOAD STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO, MAXIMUM
NUMBERS OF PROBATIONERS WHO CAN BE SUPERVISED; AND
3. ADOPT ALL RULES AND PROCEDURES NECESSARY TO GIVE EFFECT TO THE
PROVISIONS OF SECTIONS TWO HUNDRED TWENTY-SEVEN AND TWO HUNDRED TWENTY-
EIGHT OF THIS ARTICLE.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PROBATION DEPARTMENTS
CONDUCTING INVESTIGATIONS ORDERED BY A COURT, FOR PURPOSES OF DETERMIN-
ING CUSTODY, ADOPTION, VISITATION, OR GUARDIANSHIP SHALL HAVE ACCESS TO
CRIMINAL HISTORY RECORDS MAINTAINED BY STATE LAW ENFORCEMENT AGENCIES
FOR CRIMINAL JUSTICE PURPOSES.
S 226. FAMILY COURT PROBATION ADVISORY BOARD. 1. THERE SHALL BE A
FAMILY COURT PROBATION ADVISORY BOARD TO ASSIST THE CHIEF ADMINISTRATOR
OF THE COURTS IN DISCHARGE OF HIS OR HER DUTIES UNDER THIS ARTICLE. THE
BOARD SHALL CONSIST OF EIGHT MEMBERS TO BE SELECTED BY THE CHIEF JUDGE
OF THE STATE AS FOLLOWS:
(A) TWO MEMBERS EACH OF WHOM SHALL EITHER BE A FAMILY COURT JUDGE OR A
LAWYER WITH LONG EXPERIENCE IN FAMILY COURT, ESPECIALLY IN THE REPRESEN-
TATION OF JUVENILES, ONE OF WHOM SHALL RESIDE IN THE FIRST OR SECOND
JUDICIAL DEPARTMENT AND ONE OF WHOM SHALL RESIDE IN THE THIRD OR FOURTH
JUDICIAL DEPARTMENT;
(B) ONE MEMBER EACH SHALL BE SELECTED UPON NOMINATION OF THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, RESPECTIVELY;
(C) ONE MEMBER TO BE SELECTED UPON NOMINATION OF THE NEW YORK STATE
ASSOCIATION OF COUNTIES;
(D) ONE MEMBER TO BE SELECTED UPON NOMINATION OF THE MAYOR OF THE CITY
OF NEW YORK; AND
(E) TWO MEMBERS TO BE SELECTED UPON NOMINATION OF THE GOVERNOR EACH OF
WHOM SHALL EITHER BE A PRESENT OR FORMER PROBATION OFFICER OR PROBATION
ADMINISTRATOR, ONE OF WHOM SHALL RESIDE IN THE FIRST OR SECOND JUDICIAL
DEPARTMENT AND ONE OF WHOM SHALL RESIDE IN THE THIRD OR FOURTH JUDICIAL
DEPARTMENT.
2. EACH MEMBER OF THE FAMILY COURT PROBATION ADVISORY BOARD SHALL
SERVE AT THE PLEASURE OF THE CHIEF JUDGE OR, WHERE SUCH MEMBER WAS
SELECTED UPON NOMINATION OF A PERSON OR OFFICE, AT THE PLEASURE OF SUCH
PERSON OR OFFICE.
3. THE MEMBERS OF THE FAMILY COURT PROBATION ADVISORY BOARD SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES PURSUANT TO THIS SECTION.
4. NO MEMBER OF THE FAMILY COURT PROBATION ADVISORY BOARD SHALL BE
DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR
SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS
OR HER APPOINTMENT PURSUANT TO THIS SECTION, NOTWITHSTANDING THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, REGULATION, ORDINANCE
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OR CITY CHARTER. SERVICE AS A MEMBER OF THE FAMILY COURT PROBATION ADVI-
SORY BOARD BY A SITTING JUDGE SHALL BE SERVICE IN RELATION TO THE ADMIN-
ISTRATION OF THE COURTS AS PROVIDED IN PARAGRAPH ONE OF SUBDIVISION B OF
SECTION TWENTY OF ARTICLE SIX OF THE CONSTITUTION.
5. THE FAMILY COURT PROBATION ADVISORY BOARD SHALL MEET AT THE DIREC-
TION OF THE CHIEF ADMINISTRATOR AND, AS HE OR SHE SHALL REQUIRE, SHALL
CONSIDER MATTERS RELATING TO THE ADMINISTRATION OF PROBATION SERVICES IN
FAMILY COURTS THROUGHOUT THE STATE. THE MEMBERS OF THE BOARD SHALL
SELECT A CHAIR. THE PRESENCE OF SIX MEMBERS SHALL CONSTITUTE A QUORUM
OF THE BOARD AND ANY DETERMINATION MADE BY THE BOARD SHALL REQUIRE THE
APPROVAL OF ALL MEMBERS VOTING THEREON LESS ONE.
S 227. STATE REIMBURSEMENT FOR LOCAL PROBATION SERVICES IN FAMILY
COURT. 1. EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN, RESPONSIBILITY
FOR ADMINISTERING SO MUCH OF THE PROGRAM OF STATE AID FOR PROBATION
SERVICES UNDER SECTION TWO HUNDRED FORTY-SIX OF THE EXECUTIVE LAW AS IS
INTENDED TO REIMBURSE COUNTIES AND THE CITY OF NEW YORK FOR PROBATION
SERVICES IN FAMILY COURT SHALL BE TRANSFERRED FROM THE DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES TO THE JUDICIARY. FUNDS SHALL BE
APPROPRIATED TO THE OFFICE OF COURT ADMINISTRATION FOR SUCH REIMBURSE-
MENT IN ACCORDANCE WITH THIS SECTION AND RULES ADOPTED BY THE CHIEF
ADMINISTRATOR OF THE COURTS AFTER CONSULTATION WITH THE FAMILY COURT
PROBATION ADVISORY BOARD.
2. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, DURING EACH STATE
FISCAL YEAR, THE CITY OF NEW YORK AND EACH COUNTY OUTSIDE SUCH CITY
SHALL BE GRANTED STATE AID IN SUCH AMOUNT AS IS NECESSARY TO REIMBURSE
IT TO THE EXTENT OF FIFTY PER CENTUM OF ITS APPROVED EXPENDITURES IN
MAINTAINING AND IMPROVING LOCAL PROBATION SERVICES IN FAMILY COURT
DURING THE LOCAL FISCAL YEAR THAT ENDED DURING THE TWELVE MONTHS IMME-
DIATELY PRECEDING SUCH STATE FISCAL YEAR.
(B) STATE AID GRANTED UNDER THIS SUBDIVISION SHALL NOT INCLUDE
REIMBURSEMENT FOR EXPENDITURES FOR CAPITAL ADDITIONS OR IMPROVEMENTS, OR
FOR DEBT SERVICE COSTS FOR CAPITAL IMPROVEMENTS.
(C) STATE AID SHALL BE GRANTED BY THE CHIEF ADMINISTRATOR PROVIDED THE
RESPECTIVE COUNTIES OR THE CITY OF NEW YORK CONFORM TO ALL APPLICABLE
RULES AND STANDARDS PROMULGATED PURSUANT TO SECTION TWO HUNDRED TWENTY-
SIX OF THIS ARTICLE.
3. APPLICATIONS FROM COUNTIES OR THE CITY OF NEW YORK FOR STATE AID
UNDER THIS SECTION SHALL BE MADE BY FILING WITH THE CHIEF ADMINISTRATOR
A DETAILED PLAN, INCLUDING COST ESTIMATES COVERING PROBATION SERVICES IN
FAMILY COURT FOR THE LOCAL FISCAL YEAR FOR WHICH AID IS REQUESTED AND
THE IMMEDIATELY PRECEDING LOCAL FISCAL YEAR. 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 CHIEF ADMINISTRATOR MAY REQUIRE. ITEMS FOR WHICH REIMBURSEMENT IS
REQUESTED UNDER THIS SECTION SHALL BE DULY DESIGNATED IN THE ESTIMATES
SUBMITTED. THE CHIEF ADMINISTRATOR, AFTER CONSULTATION WITH THE FAMILY
COURT PROBATION ADVISORY BOARD, SHALL APPROVE SUCH PLAN IF IT CONFORMS
TO STANDARDS RELATING TO THE ADMINISTRATION OF PROBATION SERVICES AS
SPECIFIED IN HIS OR HER RULES.
4. AN APPROVED PLAN AND COMPLIANCE WITH STANDARDS RELATING TO THE
ADMINISTRATION OF PROBATION SERVICES IN FAMILY COURT PROMULGATED BY THE
CHIEF ADMINISTRATOR SHALL BE A PREREQUISITE TO ELIGIBILITY FOR
REIMBURSEMENT. AT THE END OF EACH QUARTER, EACH COUNTY OUTSIDE THE CITY
OF NEW YORK APPROVED AS ELIGIBLE FOR REIMBURSEMENT UNDER THIS SECTION,
AND THE CITY OF NEW YORK IF APPROVED AS ELIGIBLE FOR REIMBURSEMENT UNDER
THIS SECTION, SHALL SUBMIT TO THE OFFICE OF COURT ADMINISTRATION, IN
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SUCH FORM AS THE CHIEF ADMINISTRATOR REQUIRES, A VERIFIED ACCOUNTING OF
ALL EXPENDITURES MADE BY THE COUNTY, OR THE CITY OF NEW YORK, IN PROVID-
ING PROBATION SERVICES IN FAMILY COURT. SUCH ACCOUNTING SHALL DESIGNATE
THOSE ITEMS FOR WHICH REIMBURSEMENT IS CLAIMED, AND SHALL BE PRESENTED
TOGETHER WITH A CLAIM FOR REIMBURSEMENT. THE CHIEF ADMINISTRATOR 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
CITY OF NEW YORK SHALL BE ENTITLED UNDER THIS SECTION.
5. THE CHIEF ADMINISTRATOR, AFTER CONSULTATION WITH THE FAMILY COURT
PROBATION ADVISORY BOARD, MAY AUTHORIZE OR REQUIRE THE COMPTROLLER TO
WITHHOLD THE PAYMENT OF STATE AID UNDER THIS SECTION 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 ALL APPLICABLE RULES AND STANDARDS PROMUL-
GATED PURSUANT TO SECTION TWO HUNDRED TWENTY-SIX OF THIS ARTICLE, (B)
DISCONTINUES OR FAILS TO FOLLOW AN APPROVED PLAN, OR (C) FAILS TO
ENFORCE IN A SATISFACTORY MANNER RULES PROMULGATED BY THE CHIEF ADMINIS-
TRATOR PURSUANT TO THIS SECTION, OR LAWS NOW IN EFFECT OR HEREAFTER
ADOPTED WHICH RELATE IN ANY MANNER TO THE ADMINISTRATION OF PROBATION
SERVICES IN FAMILY COURT.
S 228. FAMILY COURT PROBATION SERVICES ASSISTANCE PROGRAM. 1. (A)
THERE IS HEREBY ESTABLISHED A FAMILY COURT PROBATION SERVICES ASSISTANCE
PROGRAM (HEREINAFTER REFERRED TO IN THIS SECTION AS THE "PROGRAM"), TO
BE ADMINISTERED AND SUPERVISED UNDER THE DIRECTION OF THE CHIEF ADMINIS-
TRATOR, TO PROVIDE FUNDS PURSUANT TO THIS SECTION TO ENABLE POLITICAL
SUBDIVISIONS TO ENHANCE LOCAL VOCATIONAL, EDUCATIONAL AND THERAPEUTIC
SERVICES IN AID OF THE PROBATION FUNCTION IN FAMILY COURT. THE CHIEF
ADMINISTRATOR SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE
PURPOSES OF THIS SECTION, INCLUDING PROVISIONS FOR PERIODIC MONITORING
AND EVALUATION OF THE PROGRAM. EACH POLITICAL SUBDIVISION RECEIVING
FUNDS PURSUANT TO THIS SECTION SHALL COMPLY WITH ALL SUCH RULES AND
REGULATIONS AND WITH ALL PROVISIONS OF THIS SECTION.
(B) FUNDS TO BE PROVIDED PURSUANT TO THIS SECTION MAY BE USED FOR ANY
PURPOSE HAVING AS ITS END THE GREATER AVAILABILITY AND ENHANCEMENT OF
THOSE SUPPORTIVE AND THERAPEUTIC RESOURCES NECESSARY FOR A COMMUNITY TO
ENSURE THAT PROBATION SERVICES IN FAMILY COURT IN SUCH COMMUNITY MAY BE
USED TO MAXIMUM EFFECT. FUNDS MAY NOT BE USED AS A MEANS OF REDUCING
FUNDING ALREADY PROVIDED BY A POLITICAL SUBDIVISION FOR SUCH SUPPORTIVE
AND THERAPEUTIC SERVICES.
2. (A) EACH COUNTY OUTSIDE THE CITY OF NEW YORK AND THE CITY OF NEW
YORK MAY MAKE AN INDIVIDUAL APPLICATION FOR FUNDS AVAILABLE PURSUANT TO
THIS SECTION, OR TWO OR MORE SUCH POLITICAL SUBDIVISIONS MAY MAKE A
JOINT APPLICATION FOR SUCH FUNDS. ALL APPLICATIONS SHALL BE SUBMITTED TO
THE CHIEF ADMINISTRATOR FOR HIS OR HER APPROVAL FOLLOWING CONSULTATION
WITH THE FAMILY COURT PROBATION ADVISORY BOARD.
(B) THE CHIEF ADMINISTRATOR SHALL REQUIRE THAT APPLICATIONS SUBMITTED
FOR FUNDING PROVIDE SUCH INFORMATION AS HE OR SHE DEEMS NECESSARY,
INCLUDING AT LEAST THE AMOUNT OF FUNDING SOUGHT AND A DETAILED
DESCRIPTION OF THE PURPOSE OR PURPOSES TO WHICH THE FUNDING WILL BE
APPLIED.
(C) IN DETERMINING WHETHER TO APPROVE AN APPLICATION, THE CHIEF ADMIN-
ISTRATOR SHALL CONSIDER:
(I) WHETHER THE APPLICANT HAS COMPLIED WITH ALL RULES AND REGULATIONS
GOVERNING THE PROGRAM AND ALL PERTINENT PROVISIONS OF THIS SECTION;
(II) THE LIKELY IMPACT OF APPROVING SUCH APPLICATION UPON THE DELIVERY
OF PROBATION SERVICES IN FAMILY COURT, UPON THE COMMUNITIES SERVED, AND
UPON THE JUDICIARY GENERALLY;
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(III) THE AVAILABILITY OF OTHER SOURCES OF FUNDING TO PAY SOME OR ALL
OF THE COSTS FOR WHICH THE APPLICATION SEEKS FUNDING UNDER THE PROGRAM;
(IV) THE NUMBER AND CONTENT OF ALL OTHER APPLICATIONS FOR FUNDING THEN
AVAILABLE UNDER THE PROGRAM;
(V) THE EXTENT OF FUNDING ALREADY RECEIVED UNDER THE PROGRAM BY THE
APPLICANT (OR JOINT APPLICANTS) PURSUANT TO PAST APPLICATIONS; AND
(VI) THE MAGNITUDE OF THE FUNDING APPROPRIATED FOR THE PURPOSES OF
THIS SECTION.
3. (A) UPON APPROVAL OF AN APPLICATION, THE CHIEF ADMINISTRATOR, WITH-
IN AVAILABLE APPROPRIATIONS, MAY AUTHORIZE DISBURSEMENT OF FUNDS IN ANY
AMOUNT UP TO THE AMOUNT SOUGHT BY THE APPLICATION. SUCH DISBURSEMENT MAY
BE BY ADVANCE PAYMENT TO THE APPLICANT (OR APPLICANTS, AS APPROPRIATE)
BEFORE IT INCURS THE COST FOR WHICH ITS APPLICATION SOUGHT FUNDING, BY
REIMBURSEMENT TO THE APPLICANT AFTER IT INCURS AND PAYS SUCH COSTS IN
THE FIRST INSTANCE, OR BY SOME COMBINATION THEREOF, AS THE CHIEF ADMIN-
ISTRATOR DETERMINES IS APPROPRIATE UNDER THE CIRCUMSTANCES.
(B) THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHOR-
IZED REPRESENTATIVES SHALL HAVE THE POWER TO INSPECT, EXAMINE AND AUDIT
THE FISCAL AFFAIRS OF THE APPLICANT (OR APPLICANTS) TO AN APPROVED
APPLICATION GRANTED PURSUANT TO THIS SECTION TO THE EXTENT NECESSARY TO
DETERMINE WHETHER FUNDING RECEIVED UNDER THE PROGRAM HAS BEEN USED IN
ACCORDANCE WITH THE PURPOSE OR PURPOSES FOR WHICH IT WAS SOUGHT IN THE
APPLICATION, AND WHETHER THERE HAS BEEN COMPLIANCE WITH ALL RULES AND
REGULATIONS GOVERNING THE PROGRAM AND THE PROVISIONS OF THIS SECTION.
4. IN DISCHARGE OF HIS OR HER DUTIES UNDER THIS SECTION, THE CHIEF
ADMINISTRATOR SHALL CONSULT, AS APPROPRIATE AND NECESSARY, WITH ANY
AGENCY OF THE STATE, INCLUDING BUT NOT LIMITED TO THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES, THE OFFICE OF CHILDREN AND FAMILY
SERVICES, THE OFFICE OF MENTAL HEALTH AND THE EDUCATION DEPARTMENT.
5. THE CHIEF ADMINISTRATOR SHALL REPORT ANNUALLY TO THE GOVERNOR AND
THE LEGISLATURE REGARDING THE OPERATION AND SUCCESS OF THE PROGRAM
ESTABLISHED BY THIS SECTION.
S 229. CONSULTATION WITH THE STATE DIRECTOR OF PROBATION AND CORREC-
TIONAL ALTERNATIVES. WHEREVER NECESSARY TO ENSURE THE FAIR AND EFFECTIVE
IMPLEMENTATION OF THIS ARTICLE, THE CHIEF ADMINISTRATOR OF THE COURTS
SHALL CONSULT WITH THE STATE DIRECTOR OF PROBATION AND CORRECTIONAL
ALTERNATIVES.
S 2. Subdivisions 1 and 3 of section 243 of the executive law, subdi-
vision 1 as amended by chapter 134 of the laws of 1985 and subdivision 3
as added by chapter 609 of the laws of 1997, are amended to read as
follows:
1. [The] EXCEPT AS OTHERWISE PROVIDED IN ARTICLE SEVEN-BB OF THE JUDI-
CIARY LAW, THE director shall exercise general supervision over the
administration of probation services throughout the state[, including
probation in family courts] and shall collect statistical and other
information and make recommendations regarding the administration of
probation services in the courts. He OR SHE shall endeavor to secure the
effective application of the probation system and the enforcement of the
probation laws [and the laws relating to family courts] throughout the
state. After consultation with the state probation commission, he OR SHE
shall adopt general rules which shall regulate methods and procedure in
the administration of probation services, including investigation of
defendants prior to sentence[, and children prior to adjudication],
supervision, case work, record keeping, and accounting, program planning
and research so as to secure the most effective application of the
probation system and the most efficient enforcement of the probation
A. 10793--A 6
laws throughout the state. [Such rules shall provide that the probation
investigations ordered by the court in designated felony act cases under
subdivision one of section 351.1 of the family court act shall have
priority over other cases arising under articles three and seven of such
act.] Such rules shall be binding upon all probation officers and when
duly adopted shall have the force and effect of law[, but shall not
supersede rules that may be adopted pursuant to the family court act].
He OR SHE shall keep [himself] informed as to the work of all probation
officers and shall from time to time inquire into and report upon their
conduct and efficiency. He OR SHE may investigate the work of any
probation bureau or probation officer and shall have access to all
records and probation offices. He OR SHE may issue subpoenas to compel
the attendance of witnesses or the production of books and papers. He OR
SHE may administer oaths and examine persons under oath. He OR SHE may
recommend to the appropriate authorities the removal of any probation
officer. He OR SHE shall transmit to the governor not later than Febru-
ary first of each year an annual report of the work of the division of
probation and correctional alternatives for the preceding calendar year,
which shall include such information relative to the administration of
probation and correctional alternatives throughout the state as may be
appropriate. He OR SHE may from time to time publish reports regarding
probation [including probation in family courts], and the operation of
the probation system [including probation in family courts] and any
other information regarding probation as he OR SHE may determine
provided expenditures for such purpose are within amounts appropriated
therefor.
3. [(a)] The director shall have the authority to certify to the
commissioner of the division of criminal justice services those correc-
tional alternative programs subject to supervision of the division and
determined to perform a criminal justice function, as defined in subdi-
vision ten of section eight hundred thirty-five of this chapter, for the
purpose of permitting access to criminal history records for criminal
justice purposes, subject to the approval of the commissioner of the
division of criminal justice services. Any such correctional alternative
program may apply for certification to the division in writing, on forms
prescribed by the division. Such application shall specify, at a mini-
mum, the following: the nature and scope of the program; the necessity
for access to such records related to their criminal justice function;
the names of employees, and their job titles or positions, for whom
access is being sought; and any other information the division deems
necessary. Certification shall include the designation of those employ-
ees of such programs for whom access to such records is authorized. No
designated employee shall have access to such records until such person
has satisfactorily completed appropriate training, required by the divi-
sion of criminal justice services.
[(b) Notwithstanding any other provision of law, probation departments
conducting investigations ordered by a court, for purposes of determin-
ing custody, adoption, visitation, or guardianship shall have access to
criminal history records maintained by state law enforcement agencies
for criminal justice purposes.]
S 3. Subdivision 1 of section 246 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
1. [The] EXCEPT AS OTHERWISE PROVIDED IN SECTION TWO HUNDRED
TWENTY-SEVEN OF THE JUDICIARY LAW, THE program of state aid to county
probation services shall be continued. It shall be administered by the
division of probation and correctional alternatives with the advice of
A. 10793--A 7
the state probation commission. 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 the provisions of this section, and rules adopted by
the director after consultation with the state probation commission.
S 4. Section 247 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY PROVISION HEREIN, THIS SECTION SHALL NOT APPLY
IN RELATION TO PROBATION SERVICES IN FAMILY COURT.
S 5. Transition. All rules, regulations, directives and orders of the
division of probation and correctional alternatives and the state
probation commission in relation to probation services in family court
shall continue in effect until amended or rescinded by the chief admin-
istrator of the courts in accordance with this act.
S 6. This act shall take effect September 1, 2010.