2006 New York Code - Supervision Of Administration Of Local Probation And Correctional Alternatives.

 
    § 243. Supervision   of   administration   of   local   probation  and
  correctional  alternatives.  1.  The  director  shall  exercise  general
  supervision over the administration 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. He shall endeavor to
  secure the  effective  application  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, he shall adopt general rules which  shall  regulate  methods
  and  procedure  in  the  administration of probation services, including
  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.  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. He shall keep himself informed as to the  work  of
  all  probation  officers  and  shall  from time to time inquire into and
  report upon their conduct and efficiency. He may investigate the work of
  any probation bureau or probation officer and shall have access  to  all
  records  and  probation  offices.  He  may issue subpoenas to compel the
  attendance of witnesses or the production of books and  papers.  He  may
  administer oaths and examine persons under oath. He may recommend to the
  appropriate  authorities  the removal of any probation officer. He shall
  transmit to the governor not later than February first of each  year  an
  annual  report of the work of the division of probation and correctional
  alternatives for the preceding calendar year, which shall  include  such
  information relative to the administration of probation and correctional
  alternatives  throughout  the  state  as may be appropriate. He may from
  time to time publish reports regarding probation including probation  in
  family  courts,  and  the  operation  of  the probation system including
  probation in family courts and any other information regarding probation
  as he may determine provided expenditures for such  purpose  are  within
  amounts appropriated therefor.
    2.   The   director   shall  exercise  general  supervision  over  the
  utilization of correctional alternative programs throughout  the  state.
  He   shall   collect   statistical   and   other  information  and  make
  recommendations regarding the availability, identification, coordination
  and utilization  of  such  programs.  The  director  shall  endeavor  to
  facilitate communication and coordination among and between correctional
  alternative programs and probation services in order to assist in making
  effective use of such programs. A correctional alternative program shall
  be  deemed  to  refer  to those programs, including eligible programs as
  defined in paragraph  b  of  subdivision  one  of  section  two  hundred
  sixty-one  of  this  chapter,  which  by  themselves,  or  when  used in
  conjunction with one or more programs or with  probation  services,  may
  serve as an alternative to a sentence or disposition of incarceration or
  a  portion  thereof, and which shall serve the interests of justice. The
  director  shall  further   exercise   general   supervision   over   the
  administration  and  implementation  of  alternatives  to  incarceration
  service plans  under  the  provisions  of  article  thirteen-A  of  this
  chapter.  He  shall  adopt  general  rules  and  regulations which shall
  regulate methods and procedures in the  administration  and  funding  of
  alternative  to  incarceration service plans, and any other correctional
  alternative program funded by the state through the division,  including
  but not limited to issuance of quarterly reports as specified by section
  two  hundred  sixty-three  of  this  chapter. Such rules and regulations
  shall be binding upon all counties and eligible  programs  that  may  be
  funded  in  such  plans  and  when duly adopted shall have the force and
  effect of law. He shall keep himself informed  as  to  the  development,
  implementation  and  utilization  of  plans and funded eligible programs
  therein and shall from time to time inquire into and report  upon  their
  work and efficiency. He shall investigate the work of any funded plan or
  eligible  program and shall have access to their records and offices for
  such purpose.
    3. (a) The director  shall  have  the  authority  to  certify  to  the
  commissioner   of  the  division  of  criminal  justice  services  those
  correctional alternative programs subject to supervision of the division
  and determined to perform a criminal justice  function,  as  defined  in
  subdivision  ten  of  section eight hundred thirty-five of this chapter,
  for the purpose of permitting access to  criminal  history  records  for
  criminal  justice  purposes, subject to the approval of the commissioner
  of the division of criminal  justice  services.  Any  such  correctional
  alternative  program  may  apply  for  certification  to the division in
  writing, on forms prescribed by the  division.  Such  application  shall
  specify,  at  a  minimum,  the  following:  the  nature and scope of the
  program; the necessity for access  to  such  records  related  to  their
  criminal  justice function; the names of employees, and their job titles
  or positions, for whom access is being sought; and any other information
  the  division  deems  necessary.   Certification   shall   include   the
  designation  of those employees of such programs for whom access to such
  records is authorized. No designated employee shall have access to  such
  records  until  such  person  has  satisfactorily  completed appropriate
  training, required by the division of criminal justice services.
    (b) Notwithstanding any other provision of law, probation  departments
  conducting   investigations   ordered   by  a  court,  for  purposes  of
  determining custody, adoption, visitation, or  guardianship  shall  have
  access  to  criminal history records maintained by state law enforcement
  agencies for criminal justice purposes.