New York State - Executive - EXC - Article 12-A
ARTICLE 12-A PROBATION OFFICERS AND RELATED MATTERS
Section 255. Probation in the city of New York.
256. Local probation departments.
256-a. Providing information to child protection services.
257. Probation personnel; qualifications and duties.
257-a. Civil actions against local department volunteers.
257-b. Conditional releasees; duties of supervision.
257-c. Probation administrative fee.
258. Physical, mental and psychiatric examinations.
§ 255. Probation in the city of New York. 1. There is hereby created a department of probation in and for the city of New York to have charge of all probation work in the supreme, family and criminal courts in the counties of Bronx, Kings, New York, Queens and Richmond.
2. The head of such department shall be a director of probation appointed by the mayor of the city of New York to serve during the pleasure of the mayor. The director shall have charge of the administration of the department and shall be responsible for carrying out the functions of the department including intake, investigation, supervision, conciliation and pre-disposition social treatment in cases coming to the courts referred to in this section. The director may, from time to time, create, abolish, transfer and consolidate bureaus and other units within the department as he may determine necessary for efficient operation thereof. He also shall have the power to appoint and remove such deputy directors, assistants, probation officers and other employees as may be needed for the performance of the duties of the department and may prescribe their duties and fix their compensation, within appropriations made available therefor by the city of New York and subject to all applicable civil service laws and rules and regulations. The director may, in his discretion, appoint volunteer probation officers, when necessary, provided they have the qualifications required of salaried officers, but no such volunteer probation officer shall receive pay from the public funds for his services. The city of New York shall make the necessary appropriation for the salaries of the director and of all officers and employees of the department as referred to herein, as well for the expenses actually and necessarily incurred by such director, officers and employees in the performance of their duties.
3. The director shall discharge his powers and responsibilities in accordance with all laws and rules applicable to probation and with the general rules regulating methods and procedure in the administration of probation as adopted from time to time pursuant to section two hundred forty-three of this chapter. He may adopt departmental rules, not inconsistent with law or the aforesaid general rules, to regulate the policies, programs, standards, and methods of procedure in relation to probation and the powers and duties of officers and employees as in his judgment he deems proper.
4. The head of such probation department, out of moneys appropriated to such department for that purpose, is authorized to grant scholarships to employees in the probation service in such department, for graduate training in the field of probation at graduate schools or departments of social work located within the state whose programs are registered by the regents and accredited by the council on social work education. Each such scholarship shall entitle the holder thereof to a sum sufficient to pay the cost of tuition, not to exceed two thousand dollars annually, while in attendance at any of the said schools or departments for a period not to exceed two years of graduate professional study. Scholarships under this section shall be awarded to employees in the probation service in such department who apply therefor in the order of their seniority in their civil service titles.
5. Notwithstanding any other provision of law or of the New York city charter or administrative code, any duly appointed officer or employee of such probation department may reside in any county within the state.
§ 256. Local probation departments. 1. Each county shall maintain or provide for a probation agency or agencies to perform probation services therein, including intake, investigation, pre-sentence reports, supervision, conciliation, social treatment and such other functions as are assigned to probation agencies pursuant to law.
2. The board of supervisors or county legislatures of a county may establish a county probation department in which there may be merged and consolidated the responsibility for carrying out the probation work for all matters under the jurisdiction of the family court, the superior courts and the local criminal courts in and for the county. In any county where the board of supervisors or county legislatures does not establish a probation department to perform all probation work in the county, as hereinabove provided, separate probation departments to carry out the probation work for matters under the jurisdiction of particular courts may be established and there may be merged and consolidated therein the probation work for matters under the jurisdiction of two or more courts. Any probation department that does not perform all probation work in the county shall be known as the probation department for the court or courts it is to serve.
3. Two or more counties may by agreement between the local governing bodies thereof provide for the establishment, operation and maintenance of a joint county probation department. Any probation department so established shall have charge of all probation work in and for all the courts in said counties. If any such county or court therein included in the agreement shall already have a probation service, such agreement shall provide that all officers and employees in such service shall retain their civil service status and be transferred to the joint county probation service without further examination or qualification, provided however that, subject to the civil service law, such agreement may provide for the abolition of existing unnecessary offices or positions and the transfer of officers and employees to comparable positions. Any such agreement shall provide for the proportionate cost, including but not limited to salaries and employer's retirement contributions, of such joint county probation service to be borne by each county and may provide that the treasurer of one county participating in such agreement shall be the custodian of the moneys made available for expenditure for the purposes of such joint county probation service and that such treasurer may make payments from such moneys for such purposes upon audit of the appropriate auditing officer or body of such county. Such agreement may provide for such other matters as are necessary and proper to effectuate the purposes of this subdivision.
4. A probation department established pursuant to this section shall consist of a director of probation and such deputies, supervisors, probation officers and other employees as may be appointed pursuant to the provisions of this section and the provisions of section two hundred fifty-seven of this chapter.
5. The director of each probation department, other than a joint county department, shall be appointed by the chief executive officer of the county. The director of a joint county probation department shall be appointed by agreement between the chief executive officers of the counties participating in such agreement or a majority of them and in the event of a deadlock the director of the office of probation and correctional alternatives shall participate in the making of the decision. Where a county has no chief executive officer, the appointment of, or agreement to appoint, the director shall be made by the chairman of the board of supervisors or county legislatures. The director of a probation department shall have the power to appoint all deputies, supervisors, probation officers and other employees in such department within appropriations made available therefor by the board of supervisors or county legislatures. The board of supervisors or county legislatures shall fix the salaries of all personnel in the department and make the necessary appropriations therefor as well as for the expenses actually and necessarily incurred by such officers and employees in the performance of their duties. In the case of a joint county department the salaries of personnel and the amounts of other expenditures to be made available for operation of the department shall be set forth in the agreement between the counties, and the boards of supervisors or county legislatures shall make the appropriations required for the respective proportionate costs thereof.
6. (a) Each probation agency or department and state operated probation services shall provide for intake, investigation, supervision and conciliation services relating to custody, visitation and paternity proceedings and may provide for such services in support proceedings under the provisions of articles four, five, five-A and six of the family court act. For purposes of this subdivision, intake services: (i) relating to support proceedings under article four and relating to paternity proceedings under articles five and five-A of the family court act, shall include referral to the office of temporary and disability assistance's child support enforcement unit in cases where a person is applying for or receiving public assistance or where a person chooses to utilize the services of such unit; (ii) relating to support proceedings under article four of the family court act, shall include services rendered to the payors of support orders seeking to modify such orders.
(b) Each probation agency or department is authorized to enter into a contract with the appropriate local social services district for the performance of the functions of the support collection unit, in accordance with the provisions of section one hundred eleven-h of the social services law.
7. The provisions of this section shall not apply to any county that is located wholly within a city; provided, however, that the provisions of subdivision six of this section shall apply in like manner to any county that is located wholly within a city.
§ 256-a. Providing information to child protection services. Upon a determination by a probation agency or department that its records regarding an individual presently under the supervision of the agency or department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the probation agency or department shall provide the records or portions thereof determined to be relevant to the child protective service conducting the investigation. Each probation agency or department shall make provisions for the transmission of records required to be provided under this section.
§ 257. Probation personnel; qualifications and duties. 1. Except as may be otherwise specified in other provisions of law, all salaried probation officers and their supervisors, including the director, of every probation department, agency or service maintained by any county or city shall be in the competitive class of the civil service. No person shall be eligible for appointment as a probation officer or to a position that involves the duty of supervising a probation officer, who is under twenty-one years of age, or who has not had a high school education, or equivalent education, or who is not physically, mentally and morally fitted. Probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The director of any probation department may appoint non-salaried volunteer probation officers, provided they have the qualifications required of salaried officers. The general rules regulating methods and procedures in the administration of probation, as may be adopted from time to time pursuant to section two hundred forty-three of this chapter, may require additional minimum qualifications for probation personnel and shall set forth procedures, not inconsistent with this or other laws, to be followed in appointment of all probation personnel.
2. The office of probation and correctional alternatives may when necessary certify in writing the need of one or more salaried probation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein a probation department is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of such probation officer and appropriate the necessary funds, as well as provide for the necessary expenses of such officer.
3. Each probation officer who collects or has custody of money, before entering upon the duties of his or her office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the local director of probation with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him or her as such probation officer. In the discretion of the local director of probation, a position scheduled bond covering all such probation officers may be procured and executed in lieu of such individual bonds. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities and the office of probation and correctional alternatives.
4. It shall be the duty of every probation officer to furnish to each of his or her probationers a statement of the conditions of probation, and to instruct him or her with regard thereto; to keep informed concerning his or her conduct, habits, associates, employment, recreation and whereabouts; to contact him or her at least once a month pursuant to rules promulgated by the commissioner of the division of criminal justice services; to aid and encourage him or her by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his or her conduct, condition and general attitude toward society. Probation officers shall report to the head of the probation bureau or department who shall in turn report in writing to the court and the office of probation and correctional alternatives at least monthly or where there is no bureau or department, directly to the court and the office of probation and correctional alternatives concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from probationers; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with such probationer as the court may direct or as required by the general rules adopted pursuant to section two hundred forty-three of this chapter; and make such reports to the office of probation and correctional alternatives as it may require.
4-a. In the event a probationer ceases to participate in or is unsuccessfully terminated from an alcohol or substance abuse program ordered by the court as a condition of a sentence of probation pursuant to section 410.10 of the criminal procedure law or section 65.10 of the penal law, the probation officer shall immediately report said cessation or termination to the local probation director. The local probation director shall report said cessation or termination to the court within ninety days, except where the probationer has resumed participation in an alcohol or substance abuse program with the approval of the local probation director. The local probation director shall include the fact of any such report to the court in the next monthly written report to the court and the state director of probation and correctional alternatives as required pursuant to subdivision four of this section.
4-b. It shall be the duty of every probation officer to provide written notice to probationers under the officer's supervision who may be subject to any requirement to report to the office of victim services any funds of a convicted person as defined in section six hundred thirty-two-a of this chapter, the procedures for such reporting and any potential penalty for a failure to comply.
5. Probation officers may require such reports by probationers as are reasonable or necessary. Probation officers shall be peace officers.
6. (a) Notwithstanding subdivision one of this section, the director of probation in counties with a population of more than three hundred thousand, except counties wholly contained within a city, shall be in the non-competitive class of civil service and shall be appointed by the county executive with the approval of the local governing body. There shall be one deputy director of probation, who shall be in the non-competitive class of civil service. Such deputy shall be appointed by the director of probation.
(b) No person shall be eligible for appointment as a director of probation or deputy director of probation pursuant to subdivision one of this section who does not meet the minimum qualification requirements established for the position by the general rules regulating methods and procedures in the administration of probation.
(c) The provisions of this subdivision shall not apply to any person holding the office of director or deputy director of probation in any such county on the effective date of this subdivision during the term of such office.
§ 257-a. Civil actions against local department volunteers. 1. For the purposes of this section the term "volunteer" means a person authorized by a local probation department's director of the volunteer services program to participate in the local department's volunteer services program.
2. A local probation department may provide an attorney for and pay such attorney fees and expenses necessarily incurred in the defense of a volunteer in any civil action commenced against him by reason of a claim of alleged negligence or other act of such person arising out of and in the course of participating in a local department volunteer services program, and the local probation department may save harmless and indemnify such person from financial loss arising out of any claim, demand, suit of judgment by reason of the alleged negligence or other act by such person provided that, at the time that such claim arose or damages were sustained, such person was acting in the discharge of his duties and within the scope of his authorized duties and that such claim or cause of action or damages sustained did not result from the willful and wrongful act or gross negligence of such person.
3. A local probation department which authorizes indemnification under this section, however, shall not be subject to the obligations imposed by this section unless such volunteer shall, within five days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the local department and unless such person shall cooperate fully with the local probation department in the defense of said claim, demand or suit. Upon such delivery the local probation department may assume control of the representation of such person.
4. This section shall not in any way impair, limit or modify the rights and obligations under any policy of insurance.
5. The benefits of this section shall inure only to volunteers and shall not enlarge or diminish the rights of any other party.
§ 257-b. Conditional releasees; duties of supervision. 1. It shall be the duty of every probation officer to furnish each person who has been ordered to his or her supervision pursuant to subdivision two of section 70.40 of the penal law, with a statement of the conditions of release and to instruct such person with regard thereto; to keep informed concerning such person's conduct, habits, associates, employments, recreation and whereabouts; to contact such person pursuant to rules and regulations promulgated by the division; to aid and encourage such person by friendly advice and admonition and, by such other measures as may seem most suitable, to bring about improvement in such person's conduct, condition and general attitude toward society.
2. Probation officers shall report to the head of the local probation department who shall in turn report in writing to the local conditional release commission having custody of such person at least monthly concerning the conduct and condition of persons conditionally released pursuant to subdivision two of section 70.40 of the penal law; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from such persons; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with the supervision of such persons as may be required by rules and regulations promulgated by the division; and make any other reports to the division as it may require.
3. If at any time during the period of supervision, a probation officer has reasonable cause to believe a person conditionally released pursuant to subdivision two of section 70.40 of the penal law has lapsed into criminal ways or company, or has violated one or more conditions of his or her release, such probation officer shall report such fact to a member of the local conditional release commission having custody of such person.
* § 257-c. Probation administrative fee. 1. Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the probationer an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
2. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
3. The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation.
4. In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
5. Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services.
* NB Expires September 1, 2025
§ 258. Physical, mental and psychiatric examinations. Every county is charged with the duty to provide when practicable clinical facilities, and to adopt necessary rules for the use therefor, for such physical, mental and psychiatric examinations and reports as may be within the required scope of efficient probation investigation and supervision.
Section 255. Probation in the city of New York.
256. Local probation departments.
256-a. Providing information to child protection services.
257. Probation personnel; qualifications and duties.
257-a. Civil actions against local department volunteers.
257-b. Conditional releasees; duties of supervision.
257-c. Probation administrative fee.
258. Physical, mental and psychiatric examinations.
§ 255. Probation in the city of New York. 1. There is hereby created a department of probation in and for the city of New York to have charge of all probation work in the supreme, family and criminal courts in the counties of Bronx, Kings, New York, Queens and Richmond.
2. The head of such department shall be a director of probation appointed by the mayor of the city of New York to serve during the pleasure of the mayor. The director shall have charge of the administration of the department and shall be responsible for carrying out the functions of the department including intake, investigation, supervision, conciliation and pre-disposition social treatment in cases coming to the courts referred to in this section. The director may, from time to time, create, abolish, transfer and consolidate bureaus and other units within the department as he may determine necessary for efficient operation thereof. He also shall have the power to appoint and remove such deputy directors, assistants, probation officers and other employees as may be needed for the performance of the duties of the department and may prescribe their duties and fix their compensation, within appropriations made available therefor by the city of New York and subject to all applicable civil service laws and rules and regulations. The director may, in his discretion, appoint volunteer probation officers, when necessary, provided they have the qualifications required of salaried officers, but no such volunteer probation officer shall receive pay from the public funds for his services. The city of New York shall make the necessary appropriation for the salaries of the director and of all officers and employees of the department as referred to herein, as well for the expenses actually and necessarily incurred by such director, officers and employees in the performance of their duties.
3. The director shall discharge his powers and responsibilities in accordance with all laws and rules applicable to probation and with the general rules regulating methods and procedure in the administration of probation as adopted from time to time pursuant to section two hundred forty-three of this chapter. He may adopt departmental rules, not inconsistent with law or the aforesaid general rules, to regulate the policies, programs, standards, and methods of procedure in relation to probation and the powers and duties of officers and employees as in his judgment he deems proper.
4. The head of such probation department, out of moneys appropriated to such department for that purpose, is authorized to grant scholarships to employees in the probation service in such department, for graduate training in the field of probation at graduate schools or departments of social work located within the state whose programs are registered by the regents and accredited by the council on social work education. Each such scholarship shall entitle the holder thereof to a sum sufficient to pay the cost of tuition, not to exceed two thousand dollars annually, while in attendance at any of the said schools or departments for a period not to exceed two years of graduate professional study. Scholarships under this section shall be awarded to employees in the probation service in such department who apply therefor in the order of their seniority in their civil service titles.
5. Notwithstanding any other provision of law or of the New York city charter or administrative code, any duly appointed officer or employee of such probation department may reside in any county within the state.
§ 256. Local probation departments. 1. Each county shall maintain or provide for a probation agency or agencies to perform probation services therein, including intake, investigation, pre-sentence reports, supervision, conciliation, social treatment and such other functions as are assigned to probation agencies pursuant to law.
2. The board of supervisors or county legislatures of a county may establish a county probation department in which there may be merged and consolidated the responsibility for carrying out the probation work for all matters under the jurisdiction of the family court, the superior courts and the local criminal courts in and for the county. In any county where the board of supervisors or county legislatures does not establish a probation department to perform all probation work in the county, as hereinabove provided, separate probation departments to carry out the probation work for matters under the jurisdiction of particular courts may be established and there may be merged and consolidated therein the probation work for matters under the jurisdiction of two or more courts. Any probation department that does not perform all probation work in the county shall be known as the probation department for the court or courts it is to serve.
3. Two or more counties may by agreement between the local governing bodies thereof provide for the establishment, operation and maintenance of a joint county probation department. Any probation department so established shall have charge of all probation work in and for all the courts in said counties. If any such county or court therein included in the agreement shall already have a probation service, such agreement shall provide that all officers and employees in such service shall retain their civil service status and be transferred to the joint county probation service without further examination or qualification, provided however that, subject to the civil service law, such agreement may provide for the abolition of existing unnecessary offices or positions and the transfer of officers and employees to comparable positions. Any such agreement shall provide for the proportionate cost, including but not limited to salaries and employer's retirement contributions, of such joint county probation service to be borne by each county and may provide that the treasurer of one county participating in such agreement shall be the custodian of the moneys made available for expenditure for the purposes of such joint county probation service and that such treasurer may make payments from such moneys for such purposes upon audit of the appropriate auditing officer or body of such county. Such agreement may provide for such other matters as are necessary and proper to effectuate the purposes of this subdivision.
4. A probation department established pursuant to this section shall consist of a director of probation and such deputies, supervisors, probation officers and other employees as may be appointed pursuant to the provisions of this section and the provisions of section two hundred fifty-seven of this chapter.
5. The director of each probation department, other than a joint county department, shall be appointed by the chief executive officer of the county. The director of a joint county probation department shall be appointed by agreement between the chief executive officers of the counties participating in such agreement or a majority of them and in the event of a deadlock the director of the office of probation and correctional alternatives shall participate in the making of the decision. Where a county has no chief executive officer, the appointment of, or agreement to appoint, the director shall be made by the chairman of the board of supervisors or county legislatures. The director of a probation department shall have the power to appoint all deputies, supervisors, probation officers and other employees in such department within appropriations made available therefor by the board of supervisors or county legislatures. The board of supervisors or county legislatures shall fix the salaries of all personnel in the department and make the necessary appropriations therefor as well as for the expenses actually and necessarily incurred by such officers and employees in the performance of their duties. In the case of a joint county department the salaries of personnel and the amounts of other expenditures to be made available for operation of the department shall be set forth in the agreement between the counties, and the boards of supervisors or county legislatures shall make the appropriations required for the respective proportionate costs thereof.
6. (a) Each probation agency or department and state operated probation services shall provide for intake, investigation, supervision and conciliation services relating to custody, visitation and paternity proceedings and may provide for such services in support proceedings under the provisions of articles four, five, five-A and six of the family court act. For purposes of this subdivision, intake services: (i) relating to support proceedings under article four and relating to paternity proceedings under articles five and five-A of the family court act, shall include referral to the office of temporary and disability assistance's child support enforcement unit in cases where a person is applying for or receiving public assistance or where a person chooses to utilize the services of such unit; (ii) relating to support proceedings under article four of the family court act, shall include services rendered to the payors of support orders seeking to modify such orders.
(b) Each probation agency or department is authorized to enter into a contract with the appropriate local social services district for the performance of the functions of the support collection unit, in accordance with the provisions of section one hundred eleven-h of the social services law.
7. The provisions of this section shall not apply to any county that is located wholly within a city; provided, however, that the provisions of subdivision six of this section shall apply in like manner to any county that is located wholly within a city.
§ 256-a. Providing information to child protection services. Upon a determination by a probation agency or department that its records regarding an individual presently under the supervision of the agency or department are relevant to an investigation of child abuse or maltreatment conducted by a child protective service pursuant to title six of article six of the social services law, the probation agency or department shall provide the records or portions thereof determined to be relevant to the child protective service conducting the investigation. Each probation agency or department shall make provisions for the transmission of records required to be provided under this section.
§ 257. Probation personnel; qualifications and duties. 1. Except as may be otherwise specified in other provisions of law, all salaried probation officers and their supervisors, including the director, of every probation department, agency or service maintained by any county or city shall be in the competitive class of the civil service. No person shall be eligible for appointment as a probation officer or to a position that involves the duty of supervising a probation officer, who is under twenty-one years of age, or who has not had a high school education, or equivalent education, or who is not physically, mentally and morally fitted. Probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The director of any probation department may appoint non-salaried volunteer probation officers, provided they have the qualifications required of salaried officers. The general rules regulating methods and procedures in the administration of probation, as may be adopted from time to time pursuant to section two hundred forty-three of this chapter, may require additional minimum qualifications for probation personnel and shall set forth procedures, not inconsistent with this or other laws, to be followed in appointment of all probation personnel.
2. The office of probation and correctional alternatives may when necessary certify in writing the need of one or more salaried probation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein a probation department is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of such probation officer and appropriate the necessary funds, as well as provide for the necessary expenses of such officer.
3. Each probation officer who collects or has custody of money, before entering upon the duties of his or her office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the local director of probation with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him or her as such probation officer. In the discretion of the local director of probation, a position scheduled bond covering all such probation officers may be procured and executed in lieu of such individual bonds. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities and the office of probation and correctional alternatives.
4. It shall be the duty of every probation officer to furnish to each of his or her probationers a statement of the conditions of probation, and to instruct him or her with regard thereto; to keep informed concerning his or her conduct, habits, associates, employment, recreation and whereabouts; to contact him or her at least once a month pursuant to rules promulgated by the commissioner of the division of criminal justice services; to aid and encourage him or her by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his or her conduct, condition and general attitude toward society. Probation officers shall report to the head of the probation bureau or department who shall in turn report in writing to the court and the office of probation and correctional alternatives at least monthly or where there is no bureau or department, directly to the court and the office of probation and correctional alternatives concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from probationers; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with such probationer as the court may direct or as required by the general rules adopted pursuant to section two hundred forty-three of this chapter; and make such reports to the office of probation and correctional alternatives as it may require.
4-a. In the event a probationer ceases to participate in or is unsuccessfully terminated from an alcohol or substance abuse program ordered by the court as a condition of a sentence of probation pursuant to section 410.10 of the criminal procedure law or section 65.10 of the penal law, the probation officer shall immediately report said cessation or termination to the local probation director. The local probation director shall report said cessation or termination to the court within ninety days, except where the probationer has resumed participation in an alcohol or substance abuse program with the approval of the local probation director. The local probation director shall include the fact of any such report to the court in the next monthly written report to the court and the state director of probation and correctional alternatives as required pursuant to subdivision four of this section.
4-b. It shall be the duty of every probation officer to provide written notice to probationers under the officer's supervision who may be subject to any requirement to report to the office of victim services any funds of a convicted person as defined in section six hundred thirty-two-a of this chapter, the procedures for such reporting and any potential penalty for a failure to comply.
5. Probation officers may require such reports by probationers as are reasonable or necessary. Probation officers shall be peace officers.
6. (a) Notwithstanding subdivision one of this section, the director of probation in counties with a population of more than three hundred thousand, except counties wholly contained within a city, shall be in the non-competitive class of civil service and shall be appointed by the county executive with the approval of the local governing body. There shall be one deputy director of probation, who shall be in the non-competitive class of civil service. Such deputy shall be appointed by the director of probation.
(b) No person shall be eligible for appointment as a director of probation or deputy director of probation pursuant to subdivision one of this section who does not meet the minimum qualification requirements established for the position by the general rules regulating methods and procedures in the administration of probation.
(c) The provisions of this subdivision shall not apply to any person holding the office of director or deputy director of probation in any such county on the effective date of this subdivision during the term of such office.
§ 257-a. Civil actions against local department volunteers. 1. For the purposes of this section the term "volunteer" means a person authorized by a local probation department's director of the volunteer services program to participate in the local department's volunteer services program.
2. A local probation department may provide an attorney for and pay such attorney fees and expenses necessarily incurred in the defense of a volunteer in any civil action commenced against him by reason of a claim of alleged negligence or other act of such person arising out of and in the course of participating in a local department volunteer services program, and the local probation department may save harmless and indemnify such person from financial loss arising out of any claim, demand, suit of judgment by reason of the alleged negligence or other act by such person provided that, at the time that such claim arose or damages were sustained, such person was acting in the discharge of his duties and within the scope of his authorized duties and that such claim or cause of action or damages sustained did not result from the willful and wrongful act or gross negligence of such person.
3. A local probation department which authorizes indemnification under this section, however, shall not be subject to the obligations imposed by this section unless such volunteer shall, within five days of the time he is served with any summons, complaint, process, notice, demand or pleading, deliver the original or a copy thereof to the local department and unless such person shall cooperate fully with the local probation department in the defense of said claim, demand or suit. Upon such delivery the local probation department may assume control of the representation of such person.
4. This section shall not in any way impair, limit or modify the rights and obligations under any policy of insurance.
5. The benefits of this section shall inure only to volunteers and shall not enlarge or diminish the rights of any other party.
§ 257-b. Conditional releasees; duties of supervision. 1. It shall be the duty of every probation officer to furnish each person who has been ordered to his or her supervision pursuant to subdivision two of section 70.40 of the penal law, with a statement of the conditions of release and to instruct such person with regard thereto; to keep informed concerning such person's conduct, habits, associates, employments, recreation and whereabouts; to contact such person pursuant to rules and regulations promulgated by the division; to aid and encourage such person by friendly advice and admonition and, by such other measures as may seem most suitable, to bring about improvement in such person's conduct, condition and general attitude toward society.
2. Probation officers shall report to the head of the local probation department who shall in turn report in writing to the local conditional release commission having custody of such person at least monthly concerning the conduct and condition of persons conditionally released pursuant to subdivision two of section 70.40 of the penal law; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from such persons; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with the supervision of such persons as may be required by rules and regulations promulgated by the division; and make any other reports to the division as it may require.
3. If at any time during the period of supervision, a probation officer has reasonable cause to believe a person conditionally released pursuant to subdivision two of section 70.40 of the penal law has lapsed into criminal ways or company, or has violated one or more conditions of his or her release, such probation officer shall report such fact to a member of the local conditional release commission having custody of such person.
* § 257-c. Probation administrative fee. 1. Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the probationer an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
2. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
3. The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation.
4. In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
5. Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services.
* NB Expires September 1, 2025
§ 258. Physical, mental and psychiatric examinations. Every county is charged with the duty to provide when practicable clinical facilities, and to adopt necessary rules for the use therefor, for such physical, mental and psychiatric examinations and reports as may be within the required scope of efficient probation investigation and supervision.
