2010 New York Code
EXC - Executive
Article 12 - (240 - 249) OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
246 - State aid for probation services.

§ 246.  State  aid for probation services. 1. The program of state aid
  to county probation services shall be administered by  the  division  of
  criminal  justice  services  with  the  advice  of  the  state probation
  commission and the director of the office of probation and  correctional
  alternatives.  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
  rules and regulations adopted by the commissioner  of  the  division  of
  criminal  justice  services  after consultation with the state probation
  commission and the director of the office of probation and  correctional
  alternatives.
    2.  State  aid  shall  be  granted  to  the  city  of New York and the
  respective counties outside the city of New York for expenditures to  be
  incurred  by  the  county  or  city  in  maintaining and improving local
  probation services subject to amounts  appropriated  for  this  purpose.
  State  aid  grants  shall  not  be  used  for  expenditures  for capital
  additions or  improvements,  or  for  debt  service  costs  for  capital
  improvements.
    State  aid  shall  be  granted  by the commissioner of the division of
  criminal justice services after consultation with  the  state  probation
  commission  and the director of the office of probation and correctional
  alternatives, provided the respective counties or the city of  New  York
  conform  to  standards  relating  to  the  administration  of  probation
  services as adopted by the commissioner  of  the  division  of  criminal
  justice  services after consultation with the state probation commission
  and  the  director  of  the  office  of   probation   and   correctional
  alternatives.
    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 criminal
  justice services, 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  commissioner  of
  the  division  of criminal justice services may require. Items for which
  state aid is requested under this section shall be  duly  designated  in
  the  estimates  submitted.  The commissioner of the division of criminal
  justice services, after consultation with the state probation commission
  and  the  director  of  the  office  of   probation   and   correctional
  alternatives,  shall  approve  such  plan  if  it  conforms to standards
  relating to the administration of probation services as specified in the
  rules adopted by him or her.
    4. An approved plan and compliance  with  standards  relating  to  the
  administration  of probation services promulgated by the commissioner of
  the division of criminal justice services shall  be  a  prerequisite  to
  eligibility for state aid.
    * The  commissioner  of  the division of criminal justice services may
  take  into  consideration  granting  additional  state   aid   from   an
  appropriation  made  for  state  aid  for  county probation services for
  counties or the city of New York when a county or the city of  New  York
  demonstrates  that  additional  probation  services  were  dedicated  to
  intensive supervision programs, intensive programs for sex offenders  or
  programs   defined   as   juvenile   risk   intervention  services.  The
  administration of such additional grants  shall  be  made  according  to
  rules and regulations promulgated by the commissioner of the division of
  criminal  justice  services.  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.  The  commissioner  of the division of

criminal justice services 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, 2011
    * 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, 2011
    * 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, 2012
    * 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, 2012
    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.