2010 New York Code
EXC - Executive
Article 12 - (240 - 249) OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
243 - Supervision of administration of local probation and correctional alternatives.

§ 243. Supervision   of   administration   of   local   probation  and
  correctional  alternatives.  1.  The  office  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.  The  office  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, the office shall recommend to the commissioner 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. When duly
  adopted by the commissioner,  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. The office shall keep informed as to the  work  of
  all  probation  officers  and  shall  from time to time inquire into and
  report upon their conduct and efficiency. The office may investigate the
  work of any probation bureau or probation officer and shall have  access
  to  all records and probation offices. The office may issue subpoenas to
  compel the attendance of  witnesses  or  the  production  of  books  and
  papers.  The office may administer oaths and examine persons under oath.
  The office may recommend to the appropriate authorities the  removal  of
  any  probation officer. The office 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  the  office  may
  determine  provided  expenditures  for  such  purpose are within amounts
  appropriated therefor.
    2. The office shall exercise general supervision over the  utilization
  of  correctional  alternative  programs throughout the state. The office
  shall collect statistical and other information and make recommendations
  regarding the availability, identification, coordination and utilization
  of such programs. The office 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  office 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.  The  office  shall  recommend   to   the
  commissioner  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.  When  duly  adopted   by   the
  commissioner,  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. The office shall
  keep 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. The office 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  office  shall  have  the  authority  to  certify  to the
  commissioner  those  correctional  alternative   programs   subject   to
  supervision  of  the office 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. Any such correctional alternative program
  may  apply  for  certification  to  the  office  in  writing,  on  forms
  prescribed  by the office. 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 office 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.
    (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.
    4.   The   office  shall  recommend  to  the  commissioner  rules  and
  regulations  which  shall  include  guidelines  and  procedures  on  the
  placement  of  sex  offenders  designated  as  level  two or level three
  offenders  pursuant  to  article  six-C  of  the  correction  law.  Such
  regulations  shall  instruct  local  probation  departments  to consider
  certain factors when investigating and approving the residence of  level
  two  or  level  three  sex offenders sentenced to a period of probation.
  Such factors shall include the following:
    (a) the location of other sex offenders required to register under the
  sex  offender  registration  act,  specifically  whether  there   is   a
  concentration  of registered sex offenders in a certain residential area
  or municipality;
    (b) the number of registered sex offenders residing  at  a  particular
  property;
    (c) the proximity of entities with vulnerable populations;
    (d)  accessibility  to  family  members,  friends  or other supportive
  services, including but not limited to locally  available  sex  offender
  treatment  programs  with  preference  for placement of such individuals
  into programs that  have  demonstrated  effectiveness  in  reducing  sex
  offender recidivism and increasing public safety; and
    (e)  the  availability of permanent, stable housing in order to reduce
  the likelihood that such offenders will be transient.