Section 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
  division;  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 division and the  state
  commission  of  correction  may  measure  the  proposal's impact on jail
  overcrowding; and
    (viii) any other information which the division 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 state division
  of  probation and correctional alternatives 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  division  of  probation  and
  correctional   alternatives  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. "Division"   means  the  division  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, 2011