Laws of New York (Last Updated: November 21, 2014) |
EXC Executive |
Article 12. DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES |
Section 247. Direct probation services to counties in certain cases
Latest version.
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1. In any case where the number of probation officers required for service to all courts within a county is not in excess of five officers, as determined pursuant to standards for probation administration formulated by the director, the chief executive officer of the county, with the approval of the governing board of such county, may request the division of probation and correctional alternatives to perform all probation services in such county. The director may agree to perform such services if sufficient personnel of the division are available to perform such services as well as the other services and duties of the division or if additional personnel can be employed for such services within amounts appropriated therefor. In the event the director is of the opinion that the division should perform such services but cannot supply the personnel therefor, the director may agree to perform such services contingent upon an appropriation being made for such purpose. After the division has commenced performance of probation services in the county, the division shall be deemed and held to be the probation department of the county and the officers of the division of probation and correctional alternatives designated to render probation services in that county shall have all the duties and powers of probation officers of that county. Such officers shall work under the supervision and direction of the director of probation and correctional alternatives and in cooperation with the court or courts that are served. The division may discontinue such service at any time but shall not be required to discontinue such service solely by virtue of the fact that more than five probation officers are needed for performance of the work at a time that is subsequent to the time performance of such services commenced. 2. Where the director finds that a county or combination of counties within the state is not supplying sufficient probation services to its courts, he may, after consultation with the state probation commission, direct the performance of such services in that county or combination of counties by the division of probation and correctional alternatives. Personnel of the division assigned to perform direct probation service pursuant to this subdivision shall have the duties and powers of probation officers. They shall work under the supervision and direction of the director of probation and correctional alternatives and in cooperation with the court or courts to which they are assigned. The director of probation and correctional alternatives shall determine the extent of direct probation services to be furnished to any county or combination of counties pursuant to this subdivision and the duration of such services, except that in no case shall such direct probation services be furnished to any county pursuant to this subdivision for a total period exceeding two years. 3. No charge shall be made to any county or other unit of local government for services performed by the division pursuant to this section.