2013 New York Consolidated Laws
EXC - Executive
Article 13-A - (261 - 267) ALTERNATIVES TO INCARCERATION SERVICE PLANS
264 - Noncompliance with plan.

 
    * § 264. Noncompliance  with  plan.  1.  If  at  any  time  the office
  determines that a county plan is  not  being  complied  with,  it  shall
  notify  the  advisory  board  through  the  chairperson  and  the  state
  commission of correction in writing of such fact, and it shall  withhold
  any  portion of state funds not theretofore allocated. Such notice shall
  state the particular reasons for the determination and demand compliance
  with the plan within  sixty  days  of  the  notice,  setting  forth  the
  specific actions deemed necessary to secure compliance. If compliance is
  forthcoming  the  board  and the state commission of correction shall be
  notified of such fact in writing and any state funds heretofore withheld
  shall be released. If compliance with the plan is not  fulfilled  within
  such  time or within a thirty day extension period as authorized herein,
  the office shall notify the advisory board through the  chairperson  and
  the  state  commission of correction. Upon such notification, the county
  shall be  deemed  in  noncompliance  with  the  approved  plan  and  the
  provisions  of  subdivision  eight  of  section  five  hundred-b  of the
  correction law shall be applied.
    An extension may be granted by the office for a thirty day period upon
  a request by  the  board  through  the  chairperson,  where  the  office
  determines  it  to  be appropriate, setting forth specific reasons for a
  need for an extension and the steps which shall be undertaken to  be  in
  compliance at the end of such period.
    Any  notification  by  the  office  of non-compliance pursuant to this
  section shall be deemed a final determination for purposes  of  judicial
  review.
    2.  The  advisory  board,  through  its  chairperson,  may reapply for
  continuation  of  its  approved  plan  or  modified  plan,  provided  it
  certifies  that  it  has  complied  with  the  specific  actions  deemed
  necessary by the office to secure  compliance.  Within  thirty  days  of
  receipt  of  the application the office shall verify compliance with its
  notice and notify the board and the state commission  of  correction  of
  its decision.
    * NB Repealed September 1, 2015