Article 12
ARTICLE 12 OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES
Section 240. Office of probation and correctional alternatives.
242. State probation commission.
243. Supervision of administration of local probation and correctional alternatives.
244. Hostels and foster homes.
245. Probation staff training and development.
246. State aid for probation services.
248. Establishment of probation scholarships.
249. Educational or training leaves of absence.
§ 240. Office of probation and correctional alternatives. 1. There shall be in the division of criminal justice services an office of probation and correctional alternatives, hereinafter referred to in this article as "the office". The head of the office shall be the director of probation and correctional alternatives, who shall be appointed by the commissioner, subject to the approval of the governor.
2. The director shall serve as special advisor to the governor regarding matters pertaining to probation and alternatives to incarceration. The director shall, in consultation with the commissioner, coordinate and make recommendations relating to the type and nature of alternative to incarceration programs needed to reduce incarceration where the purpose of such incarceration can be adequately served by alternative programs and shall work with local probation departments and the commissioner to enhance and develop probation services and alternative to incarceration programs throughout the state.
3. The commissioner, in consultation with the director, shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
4. As used in this article, the term "director" shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services.
§ 242. State probation commission. 1. There shall be a state probation commission. It shall consist of the director and six other members to be selected as follows:
(a) three shall be appointed by the governor from among persons who, as members of the community, have demonstrated an interest and involvement in the field of probation, to hold office at the pleasure of the governor and until their successors are appointed;
(b) two shall be appointed by the governor from among the probation administrators and probation officers actually employed in the field of probation in this state who have demonstrated by work in a statewide professional association, concerned generally with probation affairs throughout the state, outstanding service to the field of probation, to hold office at the pleasure of the governor and until their successors are appointed; and
(c) one shall be the state administrator of the unified court system.
2. The present members of the state probation commission who were appointed to such commission by the governor shall continue as the members of said commission appointed pursuant to paragraph (a) of subdivision one of this section at the pleasure of the governor, and until their successors are appointed and have qualified. The director shall be chairman of the commission. No member of said probation commission shall receive any compensation for his or her services as a member of such commission, but the members shall be entitled to their actual necessary expenses incurred in the performance of their duties. The commissioner may from time to time assign an employee of the division to act as secretary to said probation commission. The duties of the members of said probation commission shall be to attend the meetings of such probation commission, at the time fixed by said commission, or called by the chairman of said commission, and to consider all matters relating to probation in the state, within the jurisdiction of the office, and to advise and consult with the director in regard thereto.
§ 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.
§ 244. Hostels and foster homes. 1. The office is hereby authorized to provide or to pay for care in a hostel or foster home approved by the office as suitable for such cases for any probationer or parolee under the age of twenty-one years when the parole board or a judge of a court determines that there is no other suitable home for such probationer or parolee and that such probationer or parolee should be placed in such hostel or foster home. In addition to payment for such care, when ordered by the board or court, the office is authorized to provide or pay for clothing and other necessities, including medical and psychiatric treatment, required for the welfare of such probationer or parolee. The office may also provide or contract for such care in any suitable facility operated by a department of correction or by any other public or voluntary social welfare agency, institution or organization. A court with respect to such a probationer and the parole board with respect to such a parolee shall, subject to regulation by the division control admissions to and discharges from such hostels and foster homes. When placement is made in any hostel or foster home, or in any facility other than a public institution, such placement whenever practicable shall be in a hostel, or facility operated by or in the home of a person or persons of the same religious faith as the probationer or parolee.
2. The office shall have authority and the duty to stimulate programs for the development of hostels and foster homes for the care of probationers and parolees under the age of twenty-one years.
§ 245. Probation staff training and development. The office of probation and correctional alternatives shall conduct training programs for city, county and state probation personnel, prepare and execute programs of information and education to interest persons in the field of probation as a vocation, encourage the development by schools within the state of courses of study in fields related to and bearing upon probation and engage in other activities of an educational or informational nature designed to increase the number of qualified probation personnel and improve the caliber of probation service within the state. In order to effectuate the provisions of this section, the office of probation and correctional alternatives shall be authorized to prepare and disseminate printed materials, utilize media of public information, cooperate with public and private institutions of learning and employ qualified persons as lecturers or consultants on a fee basis to supplement services to be performed by its personnel hereunder. Such fees shall be payable out of funds appropriated for these purposes on the audit and warrant of the comptroller on vouchers certified or approved by the office.
§ 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 and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. 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. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law. Such additional state aid shall be made in an amount necessary to pay one hundred percent of the expenditures for evidence-based practices and juvenile risk and evidence-based intervention services provided to youth sixteen years of age or older when such services would not otherwise have been provided absent the provisions of a chapter of the laws of two thousand seventeen that increased the age of juvenile jurisdiction.
* NB Effective until September 1, 2025
* 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 and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. 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. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law.
* NB Effective September 1, 2025
* 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, 2027
* 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, 2027
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.
§ 248. Establishment of probation scholarships. The office, out of moneys appropriated to it for that purpose, is authorized to grant scholarships for graduate training in any course of study that would be of substantial value in the field of probation at graduate schools located within the state whose programs are registered by the regents.
Each such scholarship shall entitle the holder thereof to a sum not to exceed four thousand dollars annually while in attendance at any of the said schools for a period not to exceed two years of graduate professional study.
Scholarships under this section shall be awarded only to residents of the state of New York who hold a degree of bachelor of arts or bachelor of science from a college or university, or the equivalent thereof.
The office, after consultation with the state probation commission, shall recommend to the commissioner rules governing the award of such scholarships, the publication of notices offering scholarships, the issuance and cancellation of certificates entitling persons to the benefits thereof, the use of such scholarships by the persons entitled thereto, the courses that may be included under such scholarships, the schools which may be attended under such scholarships, the rights and duties of scholarship holders and of the schools which they attend, and providing generally for the carrying into effect of the provisions of this section; and may, by appropriate rule, require that holders of such scholarships be available for employment in probation work in the state of New York upon the completion of the training for which the scholarship is provided. The office shall, after consultation with the state probation commission, award such scholarships within such established rules, and any scholarship may be revoked for cause.
Payments of money under this section may be made to the holder of the scholarship or to the school or college attended under the scholarship, on behalf of, and for the benefit of, the holder of the scholarship.
Payments of money shall be ordered by the comptroller upon vouchers of the office certifying that the person named therein is entitled to receive the sum either directly, or for his or her benefit.
§ 249. Educational or training leaves of absence. The local director of probation, chief probation officer, or other head of a probation department, bureau or unit, if he is the appointing authority therefor, or otherwise such appointing authority, with the approval of the board of supervisors of the county or the appropriating body of the city having jurisdiction, may grant any probation officer or officers employed therein leave of absence, with or without pay, for attendance at graduate schools located within the state whose programs are registered by the regents to pursue any course of study or training that is of substantial assistance in probation work, or to receive additional training in another probation department, bureau or unit in New York state. The time during which a probation officer is absent, pursuant to such leave, shall not constitute an interruption of continuous employment and such officer shall not be subjected, directly or indirectly, to any loss or diminution of time service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence, with reference to continuance in office or employment, or promotion.
Section 240. Office of probation and correctional alternatives.
242. State probation commission.
243. Supervision of administration of local probation and correctional alternatives.
244. Hostels and foster homes.
245. Probation staff training and development.
246. State aid for probation services.
248. Establishment of probation scholarships.
249. Educational or training leaves of absence.
§ 240. Office of probation and correctional alternatives. 1. There shall be in the division of criminal justice services an office of probation and correctional alternatives, hereinafter referred to in this article as "the office". The head of the office shall be the director of probation and correctional alternatives, who shall be appointed by the commissioner, subject to the approval of the governor.
2. The director shall serve as special advisor to the governor regarding matters pertaining to probation and alternatives to incarceration. The director shall, in consultation with the commissioner, coordinate and make recommendations relating to the type and nature of alternative to incarceration programs needed to reduce incarceration where the purpose of such incarceration can be adequately served by alternative programs and shall work with local probation departments and the commissioner to enhance and develop probation services and alternative to incarceration programs throughout the state.
3. The commissioner, in consultation with the director, shall appoint staff and perform such other functions to ensure the efficient operation of the office within the amounts made available therefor by appropriation.
4. As used in this article, the term "director" shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services.
§ 242. State probation commission. 1. There shall be a state probation commission. It shall consist of the director and six other members to be selected as follows:
(a) three shall be appointed by the governor from among persons who, as members of the community, have demonstrated an interest and involvement in the field of probation, to hold office at the pleasure of the governor and until their successors are appointed;
(b) two shall be appointed by the governor from among the probation administrators and probation officers actually employed in the field of probation in this state who have demonstrated by work in a statewide professional association, concerned generally with probation affairs throughout the state, outstanding service to the field of probation, to hold office at the pleasure of the governor and until their successors are appointed; and
(c) one shall be the state administrator of the unified court system.
2. The present members of the state probation commission who were appointed to such commission by the governor shall continue as the members of said commission appointed pursuant to paragraph (a) of subdivision one of this section at the pleasure of the governor, and until their successors are appointed and have qualified. The director shall be chairman of the commission. No member of said probation commission shall receive any compensation for his or her services as a member of such commission, but the members shall be entitled to their actual necessary expenses incurred in the performance of their duties. The commissioner may from time to time assign an employee of the division to act as secretary to said probation commission. The duties of the members of said probation commission shall be to attend the meetings of such probation commission, at the time fixed by said commission, or called by the chairman of said commission, and to consider all matters relating to probation in the state, within the jurisdiction of the office, and to advise and consult with the director in regard thereto.
§ 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.
§ 244. Hostels and foster homes. 1. The office is hereby authorized to provide or to pay for care in a hostel or foster home approved by the office as suitable for such cases for any probationer or parolee under the age of twenty-one years when the parole board or a judge of a court determines that there is no other suitable home for such probationer or parolee and that such probationer or parolee should be placed in such hostel or foster home. In addition to payment for such care, when ordered by the board or court, the office is authorized to provide or pay for clothing and other necessities, including medical and psychiatric treatment, required for the welfare of such probationer or parolee. The office may also provide or contract for such care in any suitable facility operated by a department of correction or by any other public or voluntary social welfare agency, institution or organization. A court with respect to such a probationer and the parole board with respect to such a parolee shall, subject to regulation by the division control admissions to and discharges from such hostels and foster homes. When placement is made in any hostel or foster home, or in any facility other than a public institution, such placement whenever practicable shall be in a hostel, or facility operated by or in the home of a person or persons of the same religious faith as the probationer or parolee.
2. The office shall have authority and the duty to stimulate programs for the development of hostels and foster homes for the care of probationers and parolees under the age of twenty-one years.
§ 245. Probation staff training and development. The office of probation and correctional alternatives shall conduct training programs for city, county and state probation personnel, prepare and execute programs of information and education to interest persons in the field of probation as a vocation, encourage the development by schools within the state of courses of study in fields related to and bearing upon probation and engage in other activities of an educational or informational nature designed to increase the number of qualified probation personnel and improve the caliber of probation service within the state. In order to effectuate the provisions of this section, the office of probation and correctional alternatives shall be authorized to prepare and disseminate printed materials, utilize media of public information, cooperate with public and private institutions of learning and employ qualified persons as lecturers or consultants on a fee basis to supplement services to be performed by its personnel hereunder. Such fees shall be payable out of funds appropriated for these purposes on the audit and warrant of the comptroller on vouchers certified or approved by the office.
§ 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 and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. 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. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law. Such additional state aid shall be made in an amount necessary to pay one hundred percent of the expenditures for evidence-based practices and juvenile risk and evidence-based intervention services provided to youth sixteen years of age or older when such services would not otherwise have been provided absent the provisions of a chapter of the laws of two thousand seventeen that increased the age of juvenile jurisdiction.
* NB Effective until September 1, 2025
* 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 and intensive programs for sex offenders. The commissioner shall grant additional state aid from an appropriation dedicated to juvenile risk intervention services coordination by probation departments which shall include, but not be limited to, probation services performed under article three of the family court act. 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. The commissioner shall, subject to an appropriation made available for such purpose, establish and provide funding to probation departments for a continuum of evidence-based intervention services for youth alleged or adjudicated juvenile delinquents pursuant to article three of the family court act or for eligible youth before or sentenced under the youth part in accordance with the criminal procedure law.
* NB Effective September 1, 2025
* 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, 2027
* 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, 2027
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.
§ 248. Establishment of probation scholarships. The office, out of moneys appropriated to it for that purpose, is authorized to grant scholarships for graduate training in any course of study that would be of substantial value in the field of probation at graduate schools located within the state whose programs are registered by the regents.
Each such scholarship shall entitle the holder thereof to a sum not to exceed four thousand dollars annually while in attendance at any of the said schools for a period not to exceed two years of graduate professional study.
Scholarships under this section shall be awarded only to residents of the state of New York who hold a degree of bachelor of arts or bachelor of science from a college or university, or the equivalent thereof.
The office, after consultation with the state probation commission, shall recommend to the commissioner rules governing the award of such scholarships, the publication of notices offering scholarships, the issuance and cancellation of certificates entitling persons to the benefits thereof, the use of such scholarships by the persons entitled thereto, the courses that may be included under such scholarships, the schools which may be attended under such scholarships, the rights and duties of scholarship holders and of the schools which they attend, and providing generally for the carrying into effect of the provisions of this section; and may, by appropriate rule, require that holders of such scholarships be available for employment in probation work in the state of New York upon the completion of the training for which the scholarship is provided. The office shall, after consultation with the state probation commission, award such scholarships within such established rules, and any scholarship may be revoked for cause.
Payments of money under this section may be made to the holder of the scholarship or to the school or college attended under the scholarship, on behalf of, and for the benefit of, the holder of the scholarship.
Payments of money shall be ordered by the comptroller upon vouchers of the office certifying that the person named therein is entitled to receive the sum either directly, or for his or her benefit.
§ 249. Educational or training leaves of absence. The local director of probation, chief probation officer, or other head of a probation department, bureau or unit, if he is the appointing authority therefor, or otherwise such appointing authority, with the approval of the board of supervisors of the county or the appropriating body of the city having jurisdiction, may grant any probation officer or officers employed therein leave of absence, with or without pay, for attendance at graduate schools located within the state whose programs are registered by the regents to pursue any course of study or training that is of substantial assistance in probation work, or to receive additional training in another probation department, bureau or unit in New York state. The time during which a probation officer is absent, pursuant to such leave, shall not constitute an interruption of continuous employment and such officer shall not be subjected, directly or indirectly, to any loss or diminution of time service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence, with reference to continuance in office or employment, or promotion.
