2006 New York Code - Direct Probation Services To Counties In Certain Cases.

 
    § 247. Direct  probation  services to counties in certain cases. 1. In
  any case where the number of probation officers required for service  to
  all  courts  within  a  county  is  not  in  excess of five officers, as
  determined pursuant to standards for probation administration formulated
  by the director, the chief executive officer of  the  county,  with  the
  approval of the governing board of such county, may request the division
  of  probation  and  correctional  alternatives  to perform all probation
  services in such county. The director may agree to perform such services
  if sufficient personnel of the division are available  to  perform  such
  services  as well as the other services and duties of the division or if
  additional personnel can be employed for such  services  within  amounts
  appropriated  therefor. In the event the director is of the opinion that
  the  division  should  perform  such  services  but  cannot  supply  the
  personnel  therefor,  the  director  may  agree to perform such services
  contingent upon an appropriation being made for such purpose. After  the
  division  has commenced performance of probation services in the county,
  the division shall be deemed and held to be the probation department  of
  the   county   and  the  officers  of  the  division  of  probation  and
  correctional alternatives designated to  render  probation  services  in
  that  county  shall have all the duties and powers of probation officers
  of that county. Such officers  shall  work  under  the  supervision  and
  direction of the director of probation and correctional alternatives and
  in  cooperation  with  the court or courts that are served. The division
  may discontinue such service at any time but shall not  be  required  to
  discontinue  such  service  solely  by virtue of the fact that more than
  five probation officers are needed for performance of the work at a time
  that is subsequent to the time performance of such services commenced.
    2. Where the director finds that a county or combination  of  counties
  within  the  state is not supplying sufficient probation services to its
  courts, he may, after consultation with the state probation  commission,
  direct the performance of such services in that county or combination of
  counties by the division of probation and correctional alternatives.
    Personnel of the division assigned to perform direct probation service
  pursuant  to  this  subdivision  shall  have  the  duties  and powers of
  probation officers. They shall work under the supervision and  direction
  of  the  director  of  probation  and  correctional  alternatives and in
  cooperation with the court or courts to which they are assigned.
    The  director  of  probation  and  correctional   alternatives   shall
  determine the extent of direct probation services to be furnished to any
  county  or  combination of counties pursuant to this subdivision and the
  duration of such services, except that in  no  case  shall  such  direct
  probation   services  be  furnished  to  any  county  pursuant  to  this
  subdivision for a total period exceeding two years.
    3. No charge shall be made to  any  county  or  other  unit  of  local
  government  for  services  performed  by  the  division pursuant to this
  section.