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This entry was published on 2021-04-23
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SECTION 246
State aid for probation services
Executive (EXC) CHAPTER 18, ARTICLE 12
§ 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 and intensive programs for sex offenders.
The commissioner shall grant additional state aid from an appropriation
dedicated to juvenile risk intervention services coordination by
probation departments which shall include, but not be limited to,
probation services performed under article three of the family court
act. 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 of criminal 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. The commissioner shall, subject to an
appropriation made available for such purpose, establish and provide
funding to probation departments for a continuum of evidence-based
intervention services for youth alleged or adjudicated juvenile
delinquents pursuant to article three of the family court act or for
eligible youth before or sentenced under the youth part in accordance
with the criminal procedure law. Such additional state aid shall be made
in an amount necessary to pay one hundred percent of the expenditures
for evidence-based practices and juvenile risk and evidence-based
intervention services provided to youth sixteen years of age or older
when such services would not otherwise have been provided absent the
provisions of a chapter of the laws of two thousand seventeen that
increased the age of juvenile jurisdiction.

* NB Effective until September 1, 2023

* 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 and intensive programs for sex offenders.
The commissioner shall grant additional state aid from an appropriation
dedicated to juvenile risk intervention services coordination by
probation departments which shall include, but not be limited to,
probation services performed under article three of the family court
act. 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 of criminal 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. The commissioner shall, subject to an
appropriation made available for such purpose, establish and provide
funding to probation departments for a continuum of evidence-based
intervention services for youth alleged or adjudicated juvenile
delinquents pursuant to article three of the family court act or for
eligible youth before or sentenced under the youth part in accordance
with the criminal procedure law.

* NB Effective September 1, 2023

* 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, 2022

* 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, 2022

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.