New York State - Executive - EXC - Article 13
* ARTICLE 13-A ALTERNATIVES TO INCARCERATION SERVICE PLANS
Section 261. Alternatives to incarceration service plans.
262. Office assistance; plan; approval.
263. Reports.
264. Noncompliance with plan.
265. Further authority of the office; state assistance.
266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
267. Office reports.
* NB Repealed September 1, 2025
* § 261. Alternatives to incarceration service plans. 1. As used in this article:
a. "Service plan" or "plan" means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. The following factors considered, utilized and incorporated in the plan shall include but not be limited to:
(i) an analysis of the jail population to assist in determining incarceration practices and trends, including, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, an analysis of the relationship between alcohol, drugs and crime and the effects of alcohol and substance abuse on the local criminal justice system and jail, probation and alternatives to incarceration populations, consistent with planning guidelines established by the office; the types and nature of alternative programming needed, and appropriate eligibility requirements;
(ii) an analysis of recent overcrowding problems and measures taken by the county to relieve them;
(iii) a summary of existing alternatives programs and/or related services and previous efforts made by the county to develop alternatives to incarceration and if an approved amendment is submitted, pursuant to section two hundred sixty-six of this article, a summary of existing alcohol and substance abuse programs;
(iv) a comprehensive plan for the development of alternatives programs that addresses the specific needs identified in subparagraph (i) of this paragraph and furthers the county's long-range goals in the area of alternatives to incarceration;
(v) specific proposals for the use of state aid available under this chapter, including a description of services to be provided, characteristics of the target populations, steps to be taken to identify eligible participants, the goals and objectives to be accomplished through the proposals;
(vi) a detailed time frame for the implementation and evaluation of the specific proposals described in subparagraph (v) of this paragraph;
(vii) a summary of those criteria by which the office and the state commission of correction may measure the proposal's impact on jail overcrowding; and
(viii) any other information which the office may request consistent with the purposes of this chapter.
Nothing in this article shall prohibit the development of regional programs by two or more counties.
b. "Eligible programs" means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services which exceed those probation services otherwise required to be performed in accordance with applicable law, rule or regulation of the division of criminal justice services subject to the provisions of this article; a pre-trial alternative to detention program, including a comprehensive pre-arraignment program which screens all defendants and ensures that the court is fully advised of the availability of alternatives based upon the defendant's suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail review program; alternatives to post-adjudicatory incarceration programs, including community service, substance abuse or alcohol intervention programs; and management information systems designed to improve the county's ability to identify appropriate persons for alternatives to detention or incarceration, as well as for improved classification of persons within jail. For purposes of this paragraph, community service programs may place persons performing community service at worksites identified by the commissioner of the department of environmental conservation and the commissioner of the office of parks, recreation and historic preservation.
c. "Eligible alcohol and substance abuse programs" means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. Such services may include, but shall not be limited to programs and services that provide treatment, care or rehabilitative services, either residential or out-patient, to such offenders, or programs and services that provide for the purpose of developing individualized service plans to address such offender's alcohol or substance abuse problem, or programs and services that provide referrals and other linkages to alcohol or substance abuse programs to such offenders.
d. "Inappropriate incarceration" means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration.
e. "Approved plan" means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision.
f. "Approved amendment" means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs.
g. "Advisory board" means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section.
h. "County executive" means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor.
i. "Office" means the office of probation and correctional alternatives.
2. Every advisory board established for purposes of this article shall include the following persons or their representatives:
a. County court judge, as appointed by the administrative judge for that county; in cities with a population of one million or more, a supreme court judge, as appointed by the administrative judge for that city;
b. Police court, district court, town court or village court judge, as appointed by the administrative judge of that county; in cities with a population of one million or more, a criminal court judge, as appointed by the administrative judge for that city;
c. The district attorney; in cities with a population of one million or more, the district attorney shall be selected by the district attorneys of the five boroughs to represent their joint views;
d. A representative of each of the agencies providing legal services to those unable to afford counsel in criminal cases, not to exceed two;
e. County legislator or member of the county board of supervisors or, in cities of one million of more, city councilman who chairs a public safety committee, or the committee best designed to deal with this subject, should such a committee exist;
f. County director of probation; in cities with a population of one million or more, the commissioner of the department of probation;
g. Chief administrative officer;
h. A representative of local police agencies, other than the chief administrative officer, selected by the heads of all such agencies to represent their joint views; in cities with a population of one million or more, the police commissioner;
i. Representative of a private organization operating within a county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, as designated by the county executive;
j. Ex-offender and a crime victim, each designated by the county executive;
k. County executive;
l. The director of community services as defined in section 41.03 of the mental hygiene law; and
m. An individual within a county who provides state certified alcohol and/or substance abuse treatment programs or services.
Prior to any official action by the board, all members shall be designated. The chairperson shall be the county executive or his or her duly designated representative. In cities with a population of one million or more, a single advisory board shall be established.
* NB Repealed September 1, 2025
* § 262. Office assistance; plan; approval. 1. Upon request of either the county executive or the advisory board, through the chairperson, the office shall assist the county in the development of its plan by providing technical assistance either directly or through contract with persons or organizations which have expertise in the area of pre-trial services or alternatives to incarceration programs.
2. Upon development of a proposed plan but at least thirty days prior to approval by the board, public comment shall be solicited for consideration by the board prior to final action.
3. Upon approval by the board, by a majority of its members, any county outside the city of New York acting through its county executive, and upon approval of the local legislative body, may submit a proposed service plan to the office for approval. The city of New York acting through the mayor and upon approval by the board of estimate may submit a proposed service plan to the office for approval.
4. a. Each such plan shall be submitted to the office no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall provide that upon approval it shall become effective. Annual renewals of service plans are required and shall be submitted to the office no later than the first day of April of each year following submission of the original plan. A plan may be amended from time to time by the advisory board, subject to the approval of the local legislative body and the office. The office may recommend amendments to a plan, subject to the approval of the advisory board and the local legislative body. Reasons for such amendments may include but shall not be limited to the addition or deletion of eligible programs with due consideration to their utilization by the court, their effect on diverting the jail bound population, reducing the overcrowding problem and their cost-effectiveness.
b. The office shall either approve or deny the plan no later than sixty days following its submission. If the plan is denied, the office shall notify the county executive in writing of such denial and the reasons therefor and shall specify any measures which should be undertaken to secure the approval of the office. Nothing herein shall prohibit the amendment of a plan to overcome the office's stated reasons for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025
* § 263. Reports. The advisory board, through its chairperson, shall submit to the office a quarterly report relative to the status of compliance with the plan, pursuant to rules and regulations promulgated by the commissioner of the division of criminal justice services upon recommendation of the office. The report shall include, but not be limited to: compliance with specific goals and objectives as reflected in the plan; ability of programs to meet performance criteria; compliance with timetables; utilization by the court of the programs included in the plan; effect of such programs on diverting the jail bound population and reducing the over crowding problem; and any other information requested by the office and available to the advisory board with respect to this article.
* NB Repealed September 1, 2025
* § 264. Noncompliance with plan. 1. If at any time the office determines that a county plan is not being complied with, it shall notify the advisory board through the chairperson and the state commission of correction in writing of such fact, and it shall withhold any portion of state funds not theretofore allocated. Such notice shall state the particular reasons for the determination and demand compliance with the plan within sixty days of the notice, setting forth the specific actions deemed necessary to secure compliance. If compliance is forthcoming the board and the state commission of correction shall be notified of such fact in writing and any state funds heretofore withheld shall be released. If compliance with the plan is not fulfilled within such time or within a thirty day extension period as authorized herein, the office shall notify the advisory board through the chairperson and the state commission of correction. Upon such notification, the county shall be deemed in noncompliance with the approved plan and the provisions of subdivision eight of section five hundred-b of the correction law shall be applied.
An extension may be granted by the office for a thirty day period upon a request by the board through the chairperson, where the office determines it to be appropriate, setting forth specific reasons for a need for an extension and the steps which shall be undertaken to be in compliance at the end of such period.
Any notification by the office of non-compliance pursuant to this section shall be deemed a final determination for purposes of judicial review.
2. The advisory board, through its chairperson, may reapply for continuation of its approved plan or modified plan, provided it certifies that it has complied with the specific actions deemed necessary by the office to secure compliance. Within thirty days of receipt of the application the office shall verify compliance with its notice and notify the board and the state commission of correction of its decision.
* NB Repealed September 1, 2025
* § 265. Further authority of the office; state assistance. 1. In administering the provisions of this article, the office may perform such other and further acts and recommend to the commissioner of the division of criminal justice services such rules and regulations it deems necessary, proper or desirable to carry out the purpose of this article and not otherwise inconsistent with the other provisions of this article, chapter or any other provision of law. This shall include, but not be limited to, the office's consultation with the chief administrative judge of the office of court administration, the chairman of the state commission of correction and the commissioner of alcoholism and substance abuse services.
2. a. For the purpose of carrying out this article state assistance of not less than fourteen million dollars shall be made available to cities with a population of one million or more and to counties outside such cities in amounts to be determined; provided, however, that of the total amount available herein, not less than seven million dollars shall be made available as follows:
(i) for each county with a population under one hundred thousand persons, a minimum of twenty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(ii) for each county with a population over one hundred thousand and under three hundred thousand persons, a minimum of sixty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(iii) for each county with a population over three hundred thousand persons not entirely included within a city, that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census; and
(iv) for each city with a population of one million or more, the amount of the total dollar amount available by this paragraph remaining after the deduction of the amounts apportioned pursuant to the preceding subparagraphs of this paragraph.
b. Except as provided in section two hundred sixty-six of this article, applications for such assistance must be made and submitted no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall be either approved or denied by the office no later than sixty days following such submission. Any part of the moneys so made available and not apportioned pursuant to a plan approved and contract entered into with the office within the time limits required shall be apportioned by the office in its discretion to such a city or counties on a need basis, taking into consideration incarcerated individual population or prior commitment by a county in the development of alternatives to detention or incarceration programs.
3. The office may receive applications from and may enter into contracts with municipalities to undertake implementation of the service plan and any such municipality may enter into a contract with the office and with such private organization or organizations for such purpose. Except as provided in section two hundred sixty-six of this article, any such contract may include such provisions as may be agreed upon by the parties thereto, but shall include in substance at least the following:
a. An estimate of the reasonable cost and need of the programs as approved by the office;
b. In the first year of the approved service plan an agreement by the office to reimburse to the municipality up to fifty percent of the state's share of the costs at the initial approval of the plan; one-half of the remaining fifty percent of the state's share shall be allocated to municipalities during the implementation of the plan, provided there is substantial compliance with timetables and any other provisions of the plan deemed necessary by the office. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office. In any subsequent year, the office shall reimburse to the municipality the state's share of actual costs incurred under the plan. In no event shall the state's share exceed fifty percent of the total cost of the plan, nor shall it be used to replace current expenditures by the municipality for such alternatives programs. However, in determining the amount of the municipal share of the cost of a program, the office shall reduce the amount of the municipal share by an amount equal to the costs incurred by such municipality on implementation of any of the plan's provisions during the year immediately preceding approval of the plan by the office. Any such amount resulting in a reduction of the municipal share shall not be considered in calculating the municipal share of any future program;
c. An agreement by the municipality to provide for the payment of the municipality's share of the cost of the program or programs and to proceed expeditiously with, and complete, the program or programs, as approved by the commission;
d. Any costs in excess of the amount provided for in this subdivision will be the responsibility of the municipality except as otherwise provided in this article;
e. An agreement that, in the event federal assistance, which was not included in the calculation of the state or municipal payment, becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of one-half of such federal assistance and the amount of the municipality's payment shall be recalculated with the inclusion of one-half of such federal assistance; and
f. An agreement that in the event of private financial assistance, which was not included in the calculation of the municipal payment and which becomes available to the municipality, such financial assistance shall result in a reduction of the municipal share by said amount.
* NB Repealed September 1, 2025
* § 266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
1. Counties and the city of New York may submit approved amendments for alcohol and substance abuse programs as defined in this article as part of or in addition to an approved plan. In accordance with this article, nothing in this section shall prohibit the development of regional alcohol and substance abuse programs by two or more counties or cities with a population of one million or more.
2. Such approved amendments shall include a statement by the county or the city of New York indicating such municipality's understanding that funding for eligible alcohol and substance abuse programs shall be in accordance with subdivision four of this section and the municipality's commitment to meet the funding requirements as set forth in such subdivision.
3. For the purposes of carrying out the purpose of this section, of the amount made available in paragraph a of subdivision two of section two hundred sixty-five, state assistance of not less than seven million dollars shall be made available for approved amendments. Of this amount, no more than forty percent shall be made available for such state assistance to cities with a population of one million or more. The remaining amount shall be made available for such state assistance to counties outside such cities. The office shall apportion the amount available for approved amendments on an as needed basis, taking into consideration the analysis of the relationship between alcohol, drugs and crime, as required in this article, as well as other factors as may be required by the office.
4. The office may receive approved amendments and may amend approved plans in accordance with such approved amendments at any time. The office may enter into contracts to undertake the implementation of the approved amendments and any such municipality may enter into contracts with the office and with private organizations for such implementation. Any such contracts may include such provisions as may be agreed upon by the parties thereto, but shall include at least the following:
a. An estimate of the reasonable costs and need for the eligible alcohol and substance abuse programs;
b. An agreement by the office to reimburse the municipality in accordance with the following:
(i) In the first year of implementation and operation of the eligible alcohol and substance abuse program, the office shall reimburse to the municipality one hundred percent of the costs incurred, provided that, upon approval of the contract and consistent with implementation plans approved by the office, up to one-half of the state's share of the cost of such program may be immediately allocated to the municipality for purposes of implementation of the program. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office.
(ii) In the second year of operation of such eligible alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality seventy-five percent of the costs of approved expenditures. Municipalities shall provide at least twenty-five percent of costs of approved expenditures of the contract.
(iii) In the third and any subsequent year of operation of such alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality fifty percent of the costs of approved expenditures. Municipalities shall provide at least fifty percent of costs of approved expenditures of the contract.
In no event shall the state's share be used to replace expenditures previously incurred by the municipality for such alcohol and substance abuse programs;
c. An agreement by the municipality to provide for the payment of the municipality's share of the costs of the alcohol and substance abuse program or programs, and to proceed expeditiously with, and implement, such program or programs, as approved by the office; and
d. Any costs in excess of the amount provided for in this subdivision shall be the responsibility of the municipality, except as otherwise provided in this article.
* NB Repealed September 1, 2025
* § 267. Office reports. The office shall submit to the governor, the temporary president of the senate, the speaker of the assembly, the chairman of the senate crime and correction committee and the chairman of the assembly committee on codes by October first of each year its evaluation and assessment of this alternatives planning and programming effort by the counties. Such report shall include, but not be limited to, the status of the development of such plans, the approval and implementation of such plans, the success of the programs, in terms of their utilization, effect on jail population, results of the analyses provided counties and the city of New York on the relationship between alcohol, drugs and crime and the success of the eligible alcohol and substance abuse programs and sentencing decisions together with any recommendations with respect to the proper operation or improvement of planning and implementation of effective alternatives to detention and alternatives to incarceration programs in counties.
* NB Repealed September 1, 2025
Section 261. Alternatives to incarceration service plans.
262. Office assistance; plan; approval.
263. Reports.
264. Noncompliance with plan.
265. Further authority of the office; state assistance.
266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
267. Office reports.
* NB Repealed September 1, 2025
* § 261. Alternatives to incarceration service plans. 1. As used in this article:
a. "Service plan" or "plan" means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. The following factors considered, utilized and incorporated in the plan shall include but not be limited to:
(i) an analysis of the jail population to assist in determining incarceration practices and trends, including, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, an analysis of the relationship between alcohol, drugs and crime and the effects of alcohol and substance abuse on the local criminal justice system and jail, probation and alternatives to incarceration populations, consistent with planning guidelines established by the office; the types and nature of alternative programming needed, and appropriate eligibility requirements;
(ii) an analysis of recent overcrowding problems and measures taken by the county to relieve them;
(iii) a summary of existing alternatives programs and/or related services and previous efforts made by the county to develop alternatives to incarceration and if an approved amendment is submitted, pursuant to section two hundred sixty-six of this article, a summary of existing alcohol and substance abuse programs;
(iv) a comprehensive plan for the development of alternatives programs that addresses the specific needs identified in subparagraph (i) of this paragraph and furthers the county's long-range goals in the area of alternatives to incarceration;
(v) specific proposals for the use of state aid available under this chapter, including a description of services to be provided, characteristics of the target populations, steps to be taken to identify eligible participants, the goals and objectives to be accomplished through the proposals;
(vi) a detailed time frame for the implementation and evaluation of the specific proposals described in subparagraph (v) of this paragraph;
(vii) a summary of those criteria by which the office and the state commission of correction may measure the proposal's impact on jail overcrowding; and
(viii) any other information which the office may request consistent with the purposes of this chapter.
Nothing in this article shall prohibit the development of regional programs by two or more counties.
b. "Eligible programs" means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services which exceed those probation services otherwise required to be performed in accordance with applicable law, rule or regulation of the division of criminal justice services subject to the provisions of this article; a pre-trial alternative to detention program, including a comprehensive pre-arraignment program which screens all defendants and ensures that the court is fully advised of the availability of alternatives based upon the defendant's suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail review program; alternatives to post-adjudicatory incarceration programs, including community service, substance abuse or alcohol intervention programs; and management information systems designed to improve the county's ability to identify appropriate persons for alternatives to detention or incarceration, as well as for improved classification of persons within jail. For purposes of this paragraph, community service programs may place persons performing community service at worksites identified by the commissioner of the department of environmental conservation and the commissioner of the office of parks, recreation and historic preservation.
c. "Eligible alcohol and substance abuse programs" means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. Such services may include, but shall not be limited to programs and services that provide treatment, care or rehabilitative services, either residential or out-patient, to such offenders, or programs and services that provide for the purpose of developing individualized service plans to address such offender's alcohol or substance abuse problem, or programs and services that provide referrals and other linkages to alcohol or substance abuse programs to such offenders.
d. "Inappropriate incarceration" means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration.
e. "Approved plan" means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision.
f. "Approved amendment" means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs.
g. "Advisory board" means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section.
h. "County executive" means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor.
i. "Office" means the office of probation and correctional alternatives.
2. Every advisory board established for purposes of this article shall include the following persons or their representatives:
a. County court judge, as appointed by the administrative judge for that county; in cities with a population of one million or more, a supreme court judge, as appointed by the administrative judge for that city;
b. Police court, district court, town court or village court judge, as appointed by the administrative judge of that county; in cities with a population of one million or more, a criminal court judge, as appointed by the administrative judge for that city;
c. The district attorney; in cities with a population of one million or more, the district attorney shall be selected by the district attorneys of the five boroughs to represent their joint views;
d. A representative of each of the agencies providing legal services to those unable to afford counsel in criminal cases, not to exceed two;
e. County legislator or member of the county board of supervisors or, in cities of one million of more, city councilman who chairs a public safety committee, or the committee best designed to deal with this subject, should such a committee exist;
f. County director of probation; in cities with a population of one million or more, the commissioner of the department of probation;
g. Chief administrative officer;
h. A representative of local police agencies, other than the chief administrative officer, selected by the heads of all such agencies to represent their joint views; in cities with a population of one million or more, the police commissioner;
i. Representative of a private organization operating within a county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, as designated by the county executive;
j. Ex-offender and a crime victim, each designated by the county executive;
k. County executive;
l. The director of community services as defined in section 41.03 of the mental hygiene law; and
m. An individual within a county who provides state certified alcohol and/or substance abuse treatment programs or services.
Prior to any official action by the board, all members shall be designated. The chairperson shall be the county executive or his or her duly designated representative. In cities with a population of one million or more, a single advisory board shall be established.
* NB Repealed September 1, 2025
* § 262. Office assistance; plan; approval. 1. Upon request of either the county executive or the advisory board, through the chairperson, the office shall assist the county in the development of its plan by providing technical assistance either directly or through contract with persons or organizations which have expertise in the area of pre-trial services or alternatives to incarceration programs.
2. Upon development of a proposed plan but at least thirty days prior to approval by the board, public comment shall be solicited for consideration by the board prior to final action.
3. Upon approval by the board, by a majority of its members, any county outside the city of New York acting through its county executive, and upon approval of the local legislative body, may submit a proposed service plan to the office for approval. The city of New York acting through the mayor and upon approval by the board of estimate may submit a proposed service plan to the office for approval.
4. a. Each such plan shall be submitted to the office no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall provide that upon approval it shall become effective. Annual renewals of service plans are required and shall be submitted to the office no later than the first day of April of each year following submission of the original plan. A plan may be amended from time to time by the advisory board, subject to the approval of the local legislative body and the office. The office may recommend amendments to a plan, subject to the approval of the advisory board and the local legislative body. Reasons for such amendments may include but shall not be limited to the addition or deletion of eligible programs with due consideration to their utilization by the court, their effect on diverting the jail bound population, reducing the overcrowding problem and their cost-effectiveness.
b. The office shall either approve or deny the plan no later than sixty days following its submission. If the plan is denied, the office shall notify the county executive in writing of such denial and the reasons therefor and shall specify any measures which should be undertaken to secure the approval of the office. Nothing herein shall prohibit the amendment of a plan to overcome the office's stated reasons for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025
* § 263. Reports. The advisory board, through its chairperson, shall submit to the office a quarterly report relative to the status of compliance with the plan, pursuant to rules and regulations promulgated by the commissioner of the division of criminal justice services upon recommendation of the office. The report shall include, but not be limited to: compliance with specific goals and objectives as reflected in the plan; ability of programs to meet performance criteria; compliance with timetables; utilization by the court of the programs included in the plan; effect of such programs on diverting the jail bound population and reducing the over crowding problem; and any other information requested by the office and available to the advisory board with respect to this article.
* NB Repealed September 1, 2025
* § 264. Noncompliance with plan. 1. If at any time the office determines that a county plan is not being complied with, it shall notify the advisory board through the chairperson and the state commission of correction in writing of such fact, and it shall withhold any portion of state funds not theretofore allocated. Such notice shall state the particular reasons for the determination and demand compliance with the plan within sixty days of the notice, setting forth the specific actions deemed necessary to secure compliance. If compliance is forthcoming the board and the state commission of correction shall be notified of such fact in writing and any state funds heretofore withheld shall be released. If compliance with the plan is not fulfilled within such time or within a thirty day extension period as authorized herein, the office shall notify the advisory board through the chairperson and the state commission of correction. Upon such notification, the county shall be deemed in noncompliance with the approved plan and the provisions of subdivision eight of section five hundred-b of the correction law shall be applied.
An extension may be granted by the office for a thirty day period upon a request by the board through the chairperson, where the office determines it to be appropriate, setting forth specific reasons for a need for an extension and the steps which shall be undertaken to be in compliance at the end of such period.
Any notification by the office of non-compliance pursuant to this section shall be deemed a final determination for purposes of judicial review.
2. The advisory board, through its chairperson, may reapply for continuation of its approved plan or modified plan, provided it certifies that it has complied with the specific actions deemed necessary by the office to secure compliance. Within thirty days of receipt of the application the office shall verify compliance with its notice and notify the board and the state commission of correction of its decision.
* NB Repealed September 1, 2025
* § 265. Further authority of the office; state assistance. 1. In administering the provisions of this article, the office may perform such other and further acts and recommend to the commissioner of the division of criminal justice services such rules and regulations it deems necessary, proper or desirable to carry out the purpose of this article and not otherwise inconsistent with the other provisions of this article, chapter or any other provision of law. This shall include, but not be limited to, the office's consultation with the chief administrative judge of the office of court administration, the chairman of the state commission of correction and the commissioner of alcoholism and substance abuse services.
2. a. For the purpose of carrying out this article state assistance of not less than fourteen million dollars shall be made available to cities with a population of one million or more and to counties outside such cities in amounts to be determined; provided, however, that of the total amount available herein, not less than seven million dollars shall be made available as follows:
(i) for each county with a population under one hundred thousand persons, a minimum of twenty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(ii) for each county with a population over one hundred thousand and under three hundred thousand persons, a minimum of sixty thousand dollars or that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census, whichever is greater;
(iii) for each county with a population over three hundred thousand persons not entirely included within a city, that percentage of the total dollar amount available which is equal to the percentage that the population of such county bears to the total population of the state determined on the basis of the most recent available federal census; and
(iv) for each city with a population of one million or more, the amount of the total dollar amount available by this paragraph remaining after the deduction of the amounts apportioned pursuant to the preceding subparagraphs of this paragraph.
b. Except as provided in section two hundred sixty-six of this article, applications for such assistance must be made and submitted no later than one hundred eighty days after the effective date of the chapter of the laws of nineteen hundred eighty-eight which amended this paragraph and added these words or by the first day of April of each subsequent year and shall be either approved or denied by the office no later than sixty days following such submission. Any part of the moneys so made available and not apportioned pursuant to a plan approved and contract entered into with the office within the time limits required shall be apportioned by the office in its discretion to such a city or counties on a need basis, taking into consideration incarcerated individual population or prior commitment by a county in the development of alternatives to detention or incarceration programs.
3. The office may receive applications from and may enter into contracts with municipalities to undertake implementation of the service plan and any such municipality may enter into a contract with the office and with such private organization or organizations for such purpose. Except as provided in section two hundred sixty-six of this article, any such contract may include such provisions as may be agreed upon by the parties thereto, but shall include in substance at least the following:
a. An estimate of the reasonable cost and need of the programs as approved by the office;
b. In the first year of the approved service plan an agreement by the office to reimburse to the municipality up to fifty percent of the state's share of the costs at the initial approval of the plan; one-half of the remaining fifty percent of the state's share shall be allocated to municipalities during the implementation of the plan, provided there is substantial compliance with timetables and any other provisions of the plan deemed necessary by the office. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office. In any subsequent year, the office shall reimburse to the municipality the state's share of actual costs incurred under the plan. In no event shall the state's share exceed fifty percent of the total cost of the plan, nor shall it be used to replace current expenditures by the municipality for such alternatives programs. However, in determining the amount of the municipal share of the cost of a program, the office shall reduce the amount of the municipal share by an amount equal to the costs incurred by such municipality on implementation of any of the plan's provisions during the year immediately preceding approval of the plan by the office. Any such amount resulting in a reduction of the municipal share shall not be considered in calculating the municipal share of any future program;
c. An agreement by the municipality to provide for the payment of the municipality's share of the cost of the program or programs and to proceed expeditiously with, and complete, the program or programs, as approved by the commission;
d. Any costs in excess of the amount provided for in this subdivision will be the responsibility of the municipality except as otherwise provided in this article;
e. An agreement that, in the event federal assistance, which was not included in the calculation of the state or municipal payment, becomes available to the municipality, the amount of the state payment shall be recalculated with the inclusion of one-half of such federal assistance and the amount of the municipality's payment shall be recalculated with the inclusion of one-half of such federal assistance; and
f. An agreement that in the event of private financial assistance, which was not included in the calculation of the municipal payment and which becomes available to the municipality, such financial assistance shall result in a reduction of the municipal share by said amount.
* NB Repealed September 1, 2025
* § 266. Additional authority of the office; state assistance; approved amendments for eligible alcohol and substance abuse programs.
1. Counties and the city of New York may submit approved amendments for alcohol and substance abuse programs as defined in this article as part of or in addition to an approved plan. In accordance with this article, nothing in this section shall prohibit the development of regional alcohol and substance abuse programs by two or more counties or cities with a population of one million or more.
2. Such approved amendments shall include a statement by the county or the city of New York indicating such municipality's understanding that funding for eligible alcohol and substance abuse programs shall be in accordance with subdivision four of this section and the municipality's commitment to meet the funding requirements as set forth in such subdivision.
3. For the purposes of carrying out the purpose of this section, of the amount made available in paragraph a of subdivision two of section two hundred sixty-five, state assistance of not less than seven million dollars shall be made available for approved amendments. Of this amount, no more than forty percent shall be made available for such state assistance to cities with a population of one million or more. The remaining amount shall be made available for such state assistance to counties outside such cities. The office shall apportion the amount available for approved amendments on an as needed basis, taking into consideration the analysis of the relationship between alcohol, drugs and crime, as required in this article, as well as other factors as may be required by the office.
4. The office may receive approved amendments and may amend approved plans in accordance with such approved amendments at any time. The office may enter into contracts to undertake the implementation of the approved amendments and any such municipality may enter into contracts with the office and with private organizations for such implementation. Any such contracts may include such provisions as may be agreed upon by the parties thereto, but shall include at least the following:
a. An estimate of the reasonable costs and need for the eligible alcohol and substance abuse programs;
b. An agreement by the office to reimburse the municipality in accordance with the following:
(i) In the first year of implementation and operation of the eligible alcohol and substance abuse program, the office shall reimburse to the municipality one hundred percent of the costs incurred, provided that, upon approval of the contract and consistent with implementation plans approved by the office, up to one-half of the state's share of the cost of such program may be immediately allocated to the municipality for purposes of implementation of the program. The balance of the state's share of the costs shall be allocated to the municipality in a manner determined by the office.
(ii) In the second year of operation of such eligible alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality seventy-five percent of the costs of approved expenditures. Municipalities shall provide at least twenty-five percent of costs of approved expenditures of the contract.
(iii) In the third and any subsequent year of operation of such alcohol and substance abuse program, such program shall be included in the approved service plan submitted by the municipality and the office shall reimburse to the municipality fifty percent of the costs of approved expenditures. Municipalities shall provide at least fifty percent of costs of approved expenditures of the contract.
In no event shall the state's share be used to replace expenditures previously incurred by the municipality for such alcohol and substance abuse programs;
c. An agreement by the municipality to provide for the payment of the municipality's share of the costs of the alcohol and substance abuse program or programs, and to proceed expeditiously with, and implement, such program or programs, as approved by the office; and
d. Any costs in excess of the amount provided for in this subdivision shall be the responsibility of the municipality, except as otherwise provided in this article.
* NB Repealed September 1, 2025
* § 267. Office reports. The office shall submit to the governor, the temporary president of the senate, the speaker of the assembly, the chairman of the senate crime and correction committee and the chairman of the assembly committee on codes by October first of each year its evaluation and assessment of this alternatives planning and programming effort by the counties. Such report shall include, but not be limited to, the status of the development of such plans, the approval and implementation of such plans, the success of the programs, in terms of their utilization, effect on jail population, results of the analyses provided counties and the city of New York on the relationship between alcohol, drugs and crime and the success of the eligible alcohol and substance abuse programs and sentencing decisions together with any recommendations with respect to the proper operation or improvement of planning and implementation of effective alternatives to detention and alternatives to incarceration programs in counties.
* NB Repealed September 1, 2025
