Section 265. Further authority of the division; state assistance

1. In
  administering the provisions of this article, the division  may  perform
  such other and further acts and promulgate such rules and regulations it
  deems  necessary,  proper  or desirable to carry out the purpose of this
  article and not otherwise inconsistent with the other provisions of this
  article, chapter or any other provision of law. This shall include,  but
  not   be   limited  to,  the  division's  consultation  with  the  chief
  administrative judge of the office of court administration, the chairman
  of the state commission of correction, the director of the  division  of
  alcoholism  and  alcohol  abuse  and  the  director  of  the division of
  substance abuse services.
    2. a. For the purpose of carrying out this article state assistance of
  not less than fourteen million dollars shall be made available to cities
  with a population of one million or more and to  counties  outside  such
  cities in amounts to be determined; provided, however, that of the total
  amount  available  herein,  not less than seven million dollars shall be
  made available as follows:
    (i) for each county with  a  population  under  one  hundred  thousand
  persons,  a minimum of twenty thousand dollars or that percentage of the
  total dollar amount available which is equal to the percentage that  the
  population  of  such  county  bears to the total population of the state
  determined on the basis of the most  recent  available  federal  census,
  whichever is greater;
    (ii)  for  each county with a population over one hundred thousand and
  under three hundred  thousand  persons,  a  minimum  of  sixty  thousand
  dollars or that percentage of the total dollar amount available which is
  equal  to the percentage that the population of such county bears to the
  total population of the state determined on the basis of the most recent
  available federal census, whichever is greater;
    (iii) for each county with a population over  three  hundred  thousand
  persons  not  entirely  included  within  a city, that percentage of the
  total dollar amount available which is equal to the percentage that  the
  population  of  such  county  bears to the total population of the state
  determined on the basis of the most recent available federal census; and
    (iv) for each city with a population  of  one  million  or  more,  the
  amount  of the total dollar amount available by this paragraph remaining
  after the deduction of the amounts apportioned pursuant to the preceding
  subparagraphs of this paragraph.
    b. Except as  provided  in  section  two  hundred  sixty-six  of  this
  article,  applications for such assistance must be made and submitted 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 be either approved or denied by the division
  no later than sixty days following such  submission.  Any  part  of  the
  moneys so made available and not apportioned pursuant to a plan approved
  and  contract  entered  into  with  the  division within the time limits
  required shall be apportioned by the division in its discretion to  such
  a  city  or  counties  on a need basis, taking into consideration inmate
  population or prior  commitment  by  a  county  in  the  development  of
  alternatives to detention or incarceration programs.
    3.  The  division  may  receive  applications  from and may enter into
  contracts with municipalities to undertake implementation of the service
  plan and any such municipality  may  enter  into  a  contract  with  the
  division  and  with  such private organization or organizations for such
  purpose. Except as provided in section two  hundred  sixty-six  of  this
  article,  any such contract may include such provisions as may be agreed

  upon by the parties thereto, but shall include in substance at least the
  following:
    a.  An  estimate  of  the  reasonable cost and need of the programs as
  approved by the division;
    b. In the first year of the approved service plan an agreement by  the
  division  to  reimburse  to  the municipality up to fifty percent of the
  state's share of the costs at the initial approval of the plan; one-half
  of the remaining fifty percent of the state's share shall  be  allocated
  to  municipalities during the implementation of the plan, provided there
  is substantial compliance with timetables and any  other  provisions  of
  the  plan  deemed  necessary by the division. The balance of the state's
  share of the costs shall be allocated to the municipality  in  a  manner
  determined  by  the division. In any subsequent year, the division shall
  reimburse to the municipality the state's share of actual costs incurred
  under the plan. In no event shall the state's share exceed fifty percent
  of the total cost of the plan, nor shall it be used to  replace  current
  expenditures   by  the  municipality  for  such  alternatives  programs.
  However, in determining the amount of the municipal share of the cost of
  a program, the division shall reduce the amount of the  municipal  share
  by  an  amount  equal  to  the  costs  incurred  by such municipality on
  implementation  of  any  of  the  plan's  provisions  during  the   year
  immediately  preceding  approval  of  the plan by the division. Any such
  amount resulting in a reduction of the  municipal  share  shall  not  be
  considered in calculating the municipal share of any future program;
    c.  An agreement by the municipality to provide for the payment of the
  municipality's share of the cost of  the  program  or  programs  and  to
  proceed  expeditiously  with,  and complete, the program or programs, as
  approved by the commission;
    d. Any costs in excess of the amount provided for in this  subdivision
  will  be  the  responsibility  of  the  municipality except as otherwise
  provided in this article;
    e. An agreement that, in the event federal assistance, which  was  not
  included  in  the calculation of the state or municipal payment, becomes
  available to the municipality, the amount of the state payment shall  be
  recalculated  with  the inclusion of one-half of such federal assistance
  and the amount of the municipality's payment shall be recalculated  with
  the inclusion of one-half of such federal assistance; and
    f.  An  agreement  that  in the event of private financial assistance,
  which was not included in the calculation of the municipal  payment  and
  which  becomes  available to the municipality, such financial assistance
  shall result in a reduction of the municipal share by said amount.
    * NB Repealed September 1, 2011