Laws of New York (Last Updated: November 21, 2014) |
EXC Executive |
Article 12. DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES |
Section 246. State reimbursement for probation services
Latest version.
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1. The program of state aid to county probation services shall be continued. It shall be administered by the division of probation and correctional alternatives with the advice of the state probation commission. Funds appropriated to the division for distribution as state aid to county probation services and to the probation services of New York city shall be distributed by the division in accordance with the provisions of this section, and rules adopted by the director after consultation with the state probation commission. 2. State aid shall be granted to the city of New York and the respective counties outside the city of New York only to the extent of reimbursing fifty per centum of the approved expenditures incurred by the county or city in maintaining and improving local probation services. It shall not include expenditures for capital additions or improvements, or for debt service costs for capital improvements. State aid shall be granted by the director after consultation with the state probation commission, provided the respective counties or the city of New York conform to standards relating to the administration of probation services as adopted by the director after consultation with the state probation commission. 3. Applications from counties or the city of New York for state aid under this section shall be made by filing with the division of probation and correctional alternatives, a detailed plan, including cost estimates covering probation services for the fiscal year or portion thereof for which aid is requested. Included in such estimates shall be clerical costs and maintenance and operation costs as well as salaries of probation personnel and such other pertinent information as the director may require. Items for which reimbursement is requested under this section shall be duly designated in the estimates submitted. The director, after consultation with the state probation commission, shall approve such plan if it conforms to standards relating to the administration of probation services as specified in the rules adopted by him. 4. An approved plan and compliance with standards relating to the administration of probation services promulgated by the director shall be a prerequisite to eligibility for reimbursement. At the end of each quarter, each county outside the city of New York approved as eligible for reimbursement under this section, and the city of New York if approved as eligible for reimbursement under this section, shall submit to the division, in such form as the director requires, a verified accounting of all expenditures made by the county, or the city of New York, in providing probation services. Such accounting shall designate those items for which reimbursement is claimed, and shall be presented together with a claim for reimbursement. * In submitting a claim for reimbursement each county and the city of New York shall certify the total amount collected pursuant to section two hundred fifty-seven-c of this chapter during the period for which such reimbursement is claimed. The director shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. * NB Effective until September 1, 2011 * The director shall thereupon certify to the comptroller for payment by the state out of funds appropriated for that purpose, the amount to which the county or the city of New York shall be entitled under this section. * NB Effective September 1, 2011 * 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official to be at risk of placement into foster care. * NB Effective until June 30, 2012 * 5. Any county or city that does not have an approved plan pursuant to section two hundred forty-three-a of this chapter may establish and implement expedited procedures for the probation service to determine that a child is the subject of a petition under article seven of the family court act or at risk of being the subject of such a petition, and for a social services official to determine eligibility for mandated preventive services pursuant to paragraph (a) of subdivision one of section four hundred nine-a of the social services law for a child who is the subject of a petition pursuant to article seven of the family court act, or is determined by an assessment unit to be at risk of being the subject of a petition, and is determined by a social services official according to standards promulgated pursuant to section three hundred ninety-eight-b of the social services law to be at risk of placement into foster care. * NB Effective June 30, 2012 6. The director, after consultation with the state probation commission, may authorize or require the comptroller to withhold the payment of state aid to any county, or the city of New York, in the event that such county, or the city of New York, (a) fails to conform to standards of probation administration as formulated by the director pursuant to this section, (b) discontinues or fails to follow an approved plan, or (c) fails to enforce in a satisfactory manner rules promulgated pursuant to this section, or laws now in effect or hereafter adopted which relate in any manner to the administration of probation services.