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This entry was published on 2023-05-12
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Noncompliance with plan
Executive (EXC) CHAPTER 18, ARTICLE 13-A
* § 264. Noncompliance with plan. 1. If at any time the office
determines that a county plan is not being complied with, it shall
notify the advisory board through the chairperson and the state
commission of correction in writing of such fact, and it shall withhold
any portion of state funds not theretofore allocated. Such notice shall
state the particular reasons for the determination and demand compliance
with the plan within sixty days of the notice, setting forth the
specific actions deemed necessary to secure compliance. If compliance is
forthcoming the board and the state commission of correction shall be
notified of such fact in writing and any state funds heretofore withheld
shall be released. If compliance with the plan is not fulfilled within
such time or within a thirty day extension period as authorized herein,
the office shall notify the advisory board through the chairperson and
the state commission of correction. Upon such notification, the county
shall be deemed in noncompliance with the approved plan and the
provisions of subdivision eight of section five hundred-b of the
correction law shall be applied.

An extension may be granted by the office for a thirty day period upon
a request by the board through the chairperson, where the office
determines it to be appropriate, setting forth specific reasons for a
need for an extension and the steps which shall be undertaken to be in
compliance at the end of such period.

Any notification by the office of non-compliance pursuant to this
section shall be deemed a final determination for purposes of judicial

2. The advisory board, through its chairperson, may reapply for
continuation of its approved plan or modified plan, provided it
certifies that it has complied with the specific actions deemed
necessary by the office to secure compliance. Within thirty days of
receipt of the application the office shall verify compliance with its
notice and notify the board and the state commission of correction of
its decision.

* NB Repealed September 1, 2025