S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7375
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen.  SALAZAR -- (at request of the Division of Criminal
   Justice Services) -- read twice and ordered printed, and when  printed
   to  be  committed  to  the  Committee  on  Crime  Victims,  Crime  and
   Correction
 
 AN ACT to amend the executive law, in relation to codifying the division
   of criminal justice services' authority to oversee probation  pretrial
   monitoring and supervision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section  243  of  the  executive  law,  as
 amended  by  section  17 of part A of chapter 56 of the laws of 2010, is
 amended to read as follows:
   1. The office shall exercise general  supervision  over  the  adminis-
 tration  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. The office shall endeavor to secure the effective appli-
 cation 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,  the office shall
 recommend to the commissioner general rules which shall regulate methods
 and procedure in the administration  of  probation  services,  including
 MONITORING,   SUPERVISION  AND  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 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. When duly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09582-01-3
              

 S. 7375                             2
 
 adopted by the commissioner,  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. The office shall keep informed as to the work of
 all probation officers and shall from time  to  time  inquire  into  and
 report upon their conduct and efficiency. The office may investigate the
 work  of any probation bureau or probation officer and shall have access
 to all records and probation offices. The office may issue subpoenas  to
 compel  the  attendance  of  witnesses  or  the  production of books and
 papers. The office may administer oaths and examine persons under  oath.
 The  office  may recommend to the appropriate authorities the removal of
 any probation officer. The office may from time to time publish  reports
 regarding probation including probation in family courts, and the opera-
 tion  of  the  probation system including probation in family courts and
 any other information regarding probation as the  office  may  determine
 provided  expenditures  for such purpose are within amounts appropriated
 therefor.
   § 2. This act shall take effect immediately.