Section 262. Division assistance; plan; approval

1.  Upon  request of
  either  the  county  executive  or  the  advisory  board,  through   the
  chairperson,  the division 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 division 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 division for approval.
    4. a. Each such plan shall be submitted to the division 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
  division 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 division. The division 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 division shall either approve or deny the plan  no  later  than
  sixty days following its submission. If the plan is denied, the division
  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 division. Nothing herein shall
  prohibit the amendment of a  plan  to  overcome  the  division's  stated
  reasons  for  denial  or  the  resubmission  of  such  proposed plan for
  approval.
    * NB Repealed September 1, 2011