2010 New York Code
EXC - Executive
Article 12-A - (255 - 258) PROBATION OFFICERS AND RELATED MATTERS
256 - Local probation departments.

§ 256. Local  probation  departments. 1. Each county shall maintain or
  provide for a probation agency or agencies to perform probation services
  therein,  including   intake,   investigation,   pre-sentence   reports,
  supervision,  conciliation, social treatment and such other functions as
  are assigned to probation agencies pursuant to law.
    2. The board of supervisors or county legislatures  of  a  county  may
  establish a county probation department in which there may be merged and
  consolidated  the responsibility for carrying out the probation work for
  all matters under the jurisdiction of the  family  court,  the  superior
  courts  and  the  local  criminal  courts  in and for the county. In any
  county where the board of supervisors or county  legislatures  does  not
  establish  a  probation  department to perform all probation work in the
  county, as hereinabove provided, separate probation departments to carry
  out the probation work for matters under the jurisdiction of  particular
  courts  may  be  established  and  there  may be merged and consolidated
  therein the probation work for matters under the jurisdiction of two  or
  more  courts.  Any  probation  department  that  does  not  perform  all
  probation work in the county shall be known as the probation  department
  for the court or courts it is to serve.
    3.  Two  or more counties may by agreement between the local governing
  bodies thereof provide for the establishment, operation and  maintenance
  of  a  joint  county  probation  department. Any probation department so
  established shall have charge of all probation work in and for  all  the
  courts in said counties. If any such county or court therein included in
  the  agreement  shall  already  have a probation service, such agreement
  shall provide that all officers and  employees  in  such  service  shall
  retain their civil service status and be transferred to the joint county
  probation service without further examination or qualification, provided
  however  that,  subject  to  the  civil  service law, such agreement may
  provide for the abolition of existing unnecessary offices  or  positions
  and  the transfer of officers and employees to comparable positions. Any
  such agreement shall provide for the proportionate cost,  including  but
  not limited to salaries and employer's retirement contributions, of such
  joint  county  probation  service  to  be  borne  by each county and may
  provide that the treasurer of one county participating in such agreement
  shall be the custodian of the moneys made available for expenditure  for
  the  purposes  of  such  joint  county  probation  service and that such
  treasurer may make payments from such  moneys  for  such  purposes  upon
  audit  of  the appropriate auditing officer or body of such county. Such
  agreement may provide for such other matters as are necessary and proper
  to effectuate the purposes of this subdivision.
    4. A probation department established pursuant to this  section  shall
  consist  of  a  director  of  probation  and such deputies, supervisors,
  probation officers and other employees as may be appointed  pursuant  to
  the provisions of this section and the provisions of section two hundred
  fifty-seven of this chapter.
    5.  The  director  of  each  probation  department, other than a joint
  county department, shall be appointed by the chief executive officer  of
  the county. The director of a joint county probation department shall be
  appointed  by  agreement  between  the  chief  executive officers of the
  counties participating in such agreement or a majority of  them  and  in
  the  event  of  a  deadlock  the director of the office of probation and
  correctional  alternatives  shall  participate  in  the  making  of  the
  decision. Where a county has no chief executive officer, the appointment
  of,  or agreement to appoint, the director shall be made by the chairman
  of the board of supervisors or county legislatures. The  director  of  a
  probation  department  shall  have  the  power  to appoint all deputies,
  supervisors, probation officers and other employees in  such  department

within   appropriations   made   available  therefor  by  the  board  of
  supervisors or county legislatures. The board of supervisors  or  county
  legislatures  shall  fix the salaries of all personnel in the department
  and  make  the  necessary  appropriations  therefor  as  well as for the
  expenses  actually  and  necessarily  incurred  by  such  officers   and
  employees  in  the  performance  of their duties. In the case of a joint
  county department the salaries of personnel and  the  amounts  of  other
  expenditures  to be made available for operation of the department shall
  be set forth in the agreement between the counties, and  the  boards  of
  supervisors   or  county  legislatures  shall  make  the  appropriations
  required for the respective proportionate costs thereof.
    6.  (a)  Each  probation  agency  or  department  and  state  operated
  probation  services shall provide for intake, investigation, supervision
  and conciliation services relating to custody, visitation and  paternity
  proceedings  and  may  provide  for such services in support proceedings
  under the provisions of articles four,  five,  five-A  and  six  of  the
  family court act. For purposes of this subdivision, intake services: (i)
  relating  to  support  proceedings  under  article  four and relating to
  paternity proceedings under articles five and five-A of the family court
  act, shall include referral to the office of  temporary  and  disability
  assistance's  child  support enforcement unit in cases where a person is
  applying for or receiving public assistance or where a person chooses to
  utilize the services of such unit; (ii) relating to support  proceedings
  under  article  four  of  the  family  court act, shall include services
  rendered to the payors of support orders seeking to modify such orders.
    (b) Each probation agency or department is authorized to enter into  a
  contract  with  the  appropriate  local social services district for the
  performance  of  the  functions  of  the  support  collection  unit,  in
  accordance  with  the  provisions of section one hundred eleven-h of the
  social services law.
    7. The provisions of this section shall not apply to any  county  that
  is  located wholly within a city; provided, however, that the provisions
  of subdivision six of this section shall apply in  like  manner  to  any
  county that is located wholly within a city.