2006 New York Code - State Reimbursement For Probation Services.

 
    § 246. State  reimbursement  for probation services. 1. 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.
    2. State aid shall be  granted  to  the  city  of  New  York  and  the
  respective  counties  outside the city of New York only to the extent of
  reimbursing fifty per centum of the approved  expenditures  incurred  by
  the  county  or  city  in  maintaining  and  improving  local  probation
  services. It shall not include expenditures  for  capital  additions  or
  improvements, or for debt service costs for capital improvements.
    State aid shall be granted by the director after consultation with the
  state probation commission, provided the respective counties or the city
  of  New  York  conform  to  standards  relating to the administration of
  probation services as adopted by the director  after  consultation  with
  the state probation commission.
    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
  probation and correctional alternatives, 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
  director  may  require. Items for which reimbursement is requested under
  this section shall be duly designated in the  estimates  submitted.  The
  director,  after consultation with the state probation commission, shall
  approve  such  plan  if  it  conforms  to  standards  relating  to   the
  administration  of  probation services as specified in the rules adopted
  by him.
    4. An approved plan and compliance  with  standards  relating  to  the
  administration  of  probation services promulgated by the director 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 division, in such form  as  the  director  requires,  a  verified
  accounting  of  all  expenditures made by the county, or the city of New
  York, in providing probation services. Such accounting  shall  designate
  those  items  for which reimbursement is claimed, and shall be presented
  together with a claim for reimbursement.
    * In submitting a claim for reimbursement 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 during the  period  for  which
  such  reimbursement  is claimed. The director 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.
    * NB Effective until September 1, 2007
    * The director 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.
    * NB Effective September 1, 2007
    * 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, 2007
    * 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, 2007
    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.