2019 New York Laws
EXC - Executive
Article 13-A - Alternatives to Incarceration Service Plans
266 - Additional Authority of the Office; State Assistance; Approved Amendments for Eligible Alcohol and Substance Abuse Programs.

* § 266.   Additional  authority  of  the  office;  state  assistance;
approved amendments for eligible alcohol and substance abuse programs.
  1. Counties and the city of New York may  submit  approved  amendments
for  alcohol  and substance abuse programs as defined in this article as
part of or in addition to an approved  plan.  In  accordance  with  this
article,  nothing  in  this  section  shall  prohibit the development of
regional alcohol and substance abuse programs by two or more counties or
cities with a population of one million or more.
  2. Such approved amendments shall include a statement by the county or
the city of New York indicating such municipality's  understanding  that
funding  for  eligible  alcohol and substance abuse programs shall be in
accordance with subdivision four of this section and the  municipality's
commitment  to  meet  the  funding  requirements  as  set  forth in such
subdivision.
  3. For the purposes of carrying out the purpose of  this  section,  of
the  amount  made available in paragraph a of subdivision two of section
two hundred sixty-five, state assistance of not less than seven  million
dollars shall be made available for approved amendments. Of this amount,
no  more  than  forty  percent  shall  be  made available for such state
assistance to cities with a population  of  one  million  or  more.  The
remaining  amount  shall  be made available for such state assistance to
counties outside such cities. The  office  shall  apportion  the  amount
available  for  approved  amendments  on an as needed basis, taking into
consideration the analysis of the relationship  between  alcohol,  drugs
and  crime, as required in this article, as well as other factors as may
be required by the office.
  4. The office may receive approved amendments and may  amend  approved
plans  in  accordance  with  such  approved  amendments at any time. The
office may enter into contracts to undertake the implementation  of  the
approved  amendments  and any such municipality may enter into contracts
with the office and with private organizations for such  implementation.
Any  such contracts may include such provisions as may be agreed upon by
the parties thereto, but shall include at least the following:
  a. An estimate of the reasonable  costs  and  need  for  the  eligible
alcohol and substance abuse programs;
  b.  An  agreement  by  the  office  to  reimburse  the municipality in
accordance with the following:
  (i) In the first year of implementation and operation of the  eligible
alcohol  and  substance abuse program, the office shall reimburse to the
municipality one hundred percent of the costs incurred,  provided  that,
upon  approval  of the contract and consistent with implementation plans
approved by the office, up to one-half of the state's share of the  cost
of  such  program  may  be immediately allocated to the municipality for
purposes of implementation of the program. The balance  of  the  state's
share  of  the  costs shall be allocated to the municipality in a manner
determined by the office.
  (ii) In the second year of operation  of  such  eligible  alcohol  and
substance  abuse program, such program shall be included in the approved
service  plan  submitted  by  the  municipality  and  the  office  shall
reimburse  to  the  municipality  seventy-five  percent  of the costs of
approved expenditures. Municipalities shall provide at least twenty-five
percent of costs of approved expenditures of the contract.
  (iii) In the third and  any  subsequent  year  of  operation  of  such
alcohol  and  substance abuse program, such program shall be included in
the approved service plan submitted by the municipality and  the  office
shall  reimburse  to  the  municipality  fifty  percent  of the costs of
approved expenditures.  Municipalities  shall  provide  at  least  fifty
percent of costs of approved expenditures of the contract.

  In  no  event  shall the state's share be used to replace expenditures
previously incurred by the municipality for such alcohol  and  substance
abuse programs;
  c.  An agreement by the municipality to provide for the payment of the
municipality's share of the costs of the  alcohol  and  substance  abuse
program  or  programs, and to proceed expeditiously with, and implement,
such program or programs, as approved by the office; and
  d. Any costs in excess of the amount provided for in this  subdivision
shall  be  the  responsibility  of the municipality, except as otherwise
provided in this article.
  * NB Repealed September 1, 2020