2019 New York Laws
EXC - Executive
Article 12 - 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.