Senate Bill S7426A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7426--A

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced by Sens. SAMPSON, MONTGOMERY, HASSELL-THOMPSON, SCHNEIDERMAN,
  FOLEY,  ADAMS, BRESLIN, KRUEGER, SQUADRON -- (at request of the Office
  of Court Administration) -- read twice and ordered printed,  and  when
  printed  to  be  committed  to  the Committee on Judiciary -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16492-03-0
              

S. 7426--A                          2

  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,
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

S. 7426--A                          3

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
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

S. 7426--A                          4

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
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;

S. 7426--A                          5

  (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;
  (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],

S. 7426--A                          6

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
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:

S. 7426--A                          7

  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
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.