Section 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 state director 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.