S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2953

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by  M. of A. WRIGHT, CAHILL -- read once and referred to the
  Committee on Codes

AN ACT to amend the executive law, in relation to correctional  alterna-
  tive programs and alternatives to incarceration service plans

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section  243  of  the  executive  law,  as
amended  by  section  17 of part A of chapter 56 of the laws of 2010, is
amended to read as follows:
  2. The office shall exercise general supervision over the  utilization
of  correctional  alternative  programs throughout the state. The office
shall collect statistical and other information and make recommendations
regarding the availability, identification, coordination and utilization
of such programs. The office shall endeavor to facilitate  communication
and coordination among and between correctional alternative programs and
probation  services  in  order to assist in making effective use of such
programs. A correctional alternative program shall be deemed to refer to
those programs, including eligible programs as defined in paragraph b of
subdivision one of section two hundred sixty-one of this chapter,  which
by  themselves, or when used in conjunction with one or more programs or
with probation services, may serve as an alternative to  a  sentence  or
disposition of incarceration or a portion thereof, and which shall serve
the  interests  of  justice.  The  office shall further exercise general
supervision over the administration and implementation  of  alternatives
to  incarceration  service  plans  under the provisions of article thir-
teen-A of this chapter. The office shall recommend to  the  commissioner
general  rules  and  regulations which shall regulate methods and proce-
dures in the administration and funding of alternative to  incarceration
service  plans, and any other correctional alternative program funded by
the state through the division[, including but not limited  to  issuance
of  quarterly reports as specified by section two hundred sixty-three of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00653-01-3
              

A. 2953                             2

this chapter]. When duly adopted by the  commissioner,  such  rules  and
regulations  shall  be  binding  upon all counties and eligible programs
that may be funded in such plans, AND ANY OTHER CORRECTIONAL ALTERNATIVE
PROGRAM  FUNDED BY THE STATE THROUGH THE DIVISION, and when duly adopted
shall have the force and effect of law. The office shall  keep  informed
as to the development, implementation and utilization of plans and fund-
ed  [eligible]  programs  [therein] OF THE OFFICE and shall from time to
time inquire into and report upon their work and efficiency. The  office
shall  investigate  the  work  of any [funded] plan or [eligible] FUNDED
program OF THE OFFICE and shall have access to their records and offices
for such purpose.
  S 2. Subdivision 4 of section 262 of the executive law, as amended  by
section  28  of  part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  4. a. Each such plan shall be submitted to the office [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] THE
year  [and  shall provide that upon] FOR WHICH APPROVAL IS SOUGHT UNLESS
PRIOR PERMISSION OTHERWISE  HAS  BEEN  GRANTED  BY  THE  OFFICE.    UPON
approval  BY  THE  OFFICE  it shall become effective. Annual renewals of
service plans [are required and] shall be submitted to  the  office  [no
later  than  the first day of April of each year following submission of
the original plan] AS REQUIRED.  A plan may be amended from time to time
by the advisory board, subject to the approval of the local  legislative
body  and  the  office.  The  office 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-ef-
fectiveness.
  b.  The  office  shall  either  approve or deny the plan no later than
sixty days following its submission. If the plan is denied,  the  office
shall  notify  the  county  executive  in writing of such denial and the
reasons therefor and shall specify any measures which should  be  under-
taken to secure the approval of the office. Nothing herein shall prohib-
it  the amendment of a plan BY THE COUNTY EXECUTIVE OR HIS OR HER DESIG-
NEE  to  overcome  the  office's  stated  reasons  for  denial  or   the
resubmission of such proposed plan for approval.
  S  3.  Section  263  of the executive law, as amended by section 29 of
part A of chapter 56 of the laws of 2010, is amended to read as follows:
  S 263. Reports. The advisory board,  through  its  chairperson,  shall
submit to the office [a quarterly report] REPORTS relative to the status
of  compliance with the plan, pursuant to [rules and regulations promul-
gated] REPORTING REQUIREMENTS ESTABLISHED by  the  commissioner  of  the
division of criminal justice services upon recommendation of the office.
The report shall include, but not be limited to: compliance with specif-
ic goals and objectives as reflected in the plan; ability of programs to
meet  performance  criteria;  compliance with timetables; utilization by
the court of the programs included in the plan; effect of such  programs
on  diverting the jail bound population and reducing the [over crowding]
OVERCROWDING problem; and any other information requested by the  office
and available to the advisory board with respect to this article.

A. 2953                             3

  S  4. Subdivision 1 of section 264 of the executive law, as amended by
section 30 of part A of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  1.  If  at  any  time  the office determines that a county plan is not
being complied with, it shall notify  the  advisory  board  through  the
chairperson  and  the  state commission of correction in writing of such
fact, and it shall withhold any portion of state funds  not  theretofore
[allocated]  DISBURSED  OR  EXPENDED  TO  SUCH COUNTY. Such notice shall
state the particular reasons for the determination and demand compliance
with the plan within sixty days of the notice, setting forth the specif-
ic actions deemed necessary  to  secure  compliance.  If  compliance  is
forthcoming  the  board  and the state commission of correction shall be
notified of such fact in writing and any state funds heretofore withheld
shall be released. If compliance with the plan is not  fulfilled  within
such  time or within a thirty day extension period as authorized herein,
the office shall notify the advisory board through the  chairperson  and
the  state  commission of correction. Upon such notification, the county
shall be  deemed  in  noncompliance  with  the  approved  plan  and  the
provisions  of  subdivision  eight  of  section  five  hundred-b  of the
correction law shall be applied.
  An extension may be granted by the office for a thirty day period upon
a request by the board through the chairperson, where the office  deter-
mines  it  to  be appropriate, setting forth specific reasons for a need
for an extension and the steps  which  shall  be  undertaken  to  be  in
compliance at the end of such period.
  Any  notification  by  the  office  of non-compliance pursuant to this
section shall be deemed a final determination for purposes  of  judicial
review.
  S  5. Paragraph b of subdivision 2 and subdivision 3 of section 265 of
the executive law, paragraph b of subdivision 2 and  the  opening  para-
graph  and  paragraphs a and b of subdivision 3 as amended by section 31
of part A of chapter 56 of the laws of 2010, and subdivision 3 as  added
by chapter 907 of the laws of 1984, are amended to read as follows:
  b.  [Except as provided in section two hundred sixty-six of this arti-
cle, applications for such assistance must  be  made  and  submitted  no
later than one hundred eighty days after the effective date of the chap-
ter  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 office 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]  BY  the  office  within  the time limits
required shall be apportioned by the office in its discretion to such  a
city or counties on a need basis, taking into consideration inmate popu-
lation  or  prior  commitment by a county in the development of alterna-
tives to detention or incarceration programs.
  3. [The office 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 office
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 office;

A. 2953                             4

  b.] UPON RECEIVING A SERVICE PLAN, THE DIVISION MAY AGREE TO REIMBURSE
A MUNICIPALITY FOR COSTS INCURRED IN THE IMPLEMENTATION OF THE  PLAN  AS
APPROVED  BY  THE  DIVISION.  In  [the  first]  ANY year of the approved
service plan [an agreement by] the office SHALL AGREE  to  reimburse  to
the  municipality  up  to  fifty  percent  of the [state's share of the]
OFFICE-APPROVED MUNICIPALITY'S costs at the initial approval OR  RENEWAL
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  office.  The
balance  of  the  state's  share  of the costs shall be allocated to the
municipality in a manner determined by the  office.  In  any  subsequent
year,  the  office 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]
REIMBURSEMENT  be  used  to  replace current expenditures by the munici-
pality for such alternatives programs.    However,  in  determining  the
amount  of  the  municipal  [share of the] cost of a program, the office
shall [reduce the amount of the municipal share] CREDIT THE MUNICIPALITY
by an amount equal to the costs incurred by such municipality on  imple-
mentation  of  any  of the plan's provisions during the year immediately
preceding approval of the plan by the office. [Any such amount resulting
in a reduction of the municipal share shall not be considered in  calcu-
lating 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.] IN SUCH INSTANCES, THE DIVISION MAY REIMBURSE UP  TO  ONE  HUNDRED
PERCENT  OF  THE MUNICIPALITY'S COST OF THE PROGRAM. Any costs in excess
of the [amount] MAXIMUM OFFICE REIMBURSEMENT provided for in this subdi-
vision will be the responsibility of the municipality [except as  other-
wise provided in this article;
  e. An agreement that, in]. 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  recal-
culated with the inclusion of one-half of such federal assistance; and
  f.  An  agreement that in] FOR THE OPERATION OF ANY PROGRAM, THE DIVI-
SION SHALL NOT REIMBURSE THE MUNICIPALITY IN THE AMOUNT OF SUCH  FEDERAL
ASSISTANCE.  IN  the event [of] private [financial assistance, which was
not included in the calculation of  the  municipal  payment  and  which]
FUNDING  becomes  available to the municipality[, such financial assist-
ance shall result in a reduction of the municipal share by said  amount]
FOR  THE  OPERATION  OF  ANY PROGRAM, THE DIVISION SHALL REIMBURSE UP TO
FIFTY PERCENT OF THE PRIVATE FUNDS EXPENDED BY THE MUNICIPALITY.
  S 6. Subdivision 4 of section 266 of the executive law, as amended  by
section  32  of  part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  4. [The office may receive approved amendments and may amend  approved
plans  in  accordance  with  such  approved  amendments at any time. The
office may enter into contracts to undertake the implementation  of  the
approved  amendments  and any such municipality may enter into contracts
with the office and with private organizations for such  implementation.

A. 2953                             5

Any  such contracts may include such provisions as may be agreed upon by
the parties thereto, but shall include at least the following:
  a. An estimate of the reasonable costs and need for the eligible alco-
hol and substance abuse programs;
  b. An agreement by the office to reimburse the municipality in accord-
ance with the following:
  (i)]  UPON RECEIVING AN AMENDMENT, THE DIVISION MAY AGREE TO REIMBURSE
A MUNICIPALITY FOR COSTS INCURRED IN THE IMPLEMENTATION OF ANY  ELIGIBLE
ALCOHOL  AND  SUBSTANCE ABUSE PROGRAM AS APPROVED BY THE DIVISION. A. In
the first year of implementation and operation of the  eligible  alcohol
and  substance  abuse program, the office shall reimburse to the munici-
pality one hundred percent of the OFFICE-APPROVED  MUNICIPALITY'S  costs
incurred[,  provided  that, upon approval of the contract and consistent
with implementation plans approved by the office, up to one-half of  the
state's share of the cost of] FOR such program [may be immediately allo-
cated to the municipality for purposes of implementation of the program.
The  balance of the state's share of the costs shall be allocated to the
municipality in a manner determined by the office].
  [(ii)] B. In the second year of operation of such eligible alcohol and
substance abuse program, such program shall be included in the  approved
service  plan  submitted  by the municipality and the office shall reim-
burse to the municipality UP TO seventy-five percent  of  the  costs  of
approved  expenditures.  [Municipalities  shall provide at least twenty-
five percent of costs of approved expenditures of the contract.
  (iii)] C. In the third and any subsequent year of  operation  of  such
alcohol  and  substance abuse program, such program shall be included in
the approved service plan submitted by the municipality and  the  office
shall  reimburse to the municipality UP TO fifty percent of the costs of
approved expenditures. [Municipalities  shall  provide  at  least  fifty
percent of costs of approved expenditures of the contract.]
  In no event shall the state's [share] REIMBURSEMENT be used to replace
expenditures  previously  incurred  by the municipality for such alcohol
and substance abuse programs[;
  c. An agreement by the municipality to provide for the payment of  the
municipality's  share  of  the  costs of the alcohol and substance abuse
program or programs, and to proceed expeditiously with,  and  implement,
such program or programs, as approved by the office; and
  d.] Any costs in excess of the [amount] MAXIMUM DIVISION REIMBURSEMENT
provided  for  in  this  subdivision  shall be the responsibility of the
municipality[, except as otherwise provided in this article].
  S 7. Section 267 of the executive law, as amended  by  section  33  of
part A of chapter 56 of the laws of 2010, is amended to read as follows:
  S 267. Office  reports. The office shall ANNUALLY submit to the gover-
nor, the temporary president of the senate, the speaker of the assembly,
the [chairman] RESPECTIVE CHAIRPERSONS  of  the  senate  crime  VICTIMS,
CRIME  and  correction  committee  and  the  [chairman  of the] assembly
committee on codes [by October first of each year]  its  evaluation  and
assessment  of  this alternatives planning and programming effort by the
counties. Such report shall include, but not be limited to,  the  status
of  the  development  of  such plans, the approval and implementation of
such plans, the success of the programs, in terms of their  utilization,
effect on jail population, results of the analyses provided counties and
the  city  of  New  York  on the relationship between alcohol, drugs and
crime and the success  of  the  eligible  alcohol  and  substance  abuse
programs and sentencing decisions together with any recommendations with
respect to the proper operation or improvement of planning and implemen-

A. 2953                             6

tation of effective alternatives to detention and alternatives to incar-
ceration programs in counties.
  S  8.  This act shall take effect immediately; provided, however, that
the amendments to sections 262, 263, 264, 265, 266 and 267 of the execu-
tive law made by sections two, three, four, five, six and seven, respec-
tively, of this act shall not affect the repeal  of  such  sections  and
shall be deemed repealed therewith.