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

                                  1675

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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  chapter  574  of  the  laws  of 1985, is amended to read as
follows:
  2. The director shall exercise general supervision over  the  utiliza-
tion of correctional alternative programs throughout the state. [He] THE
DIRECTOR shall collect statistical and other information and make recom-
mendations  regarding the availability, identification, coordination and
utilization of such programs. The director shall endeavor to  facilitate
communication  and  coordination among and between correctional alterna-
tive programs and probation services in order to assist in making effec-
tive 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  director
shall  further  exercise general supervision over the administration and
implementation of alternatives to incarceration service plans under  the
provisions  of  article  thirteen-A  of  this chapter. [He] THE DIRECTOR
shall adopt general rules and regulations which shall  regulate  methods
and  procedures  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

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

                                                           LBD00217-01-9

A. 1675                             2

limited to issuance of quarterly reports as  specified  by  section  two
hundred  sixty-three  of this chapter]. 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. [He] THE DIRECTOR shall keep [himself] informed as to
the development, implementation and  utilization  of  plans  and  funded
[eligible]  programs  [therein]  OF  THE DIVISION and shall from time to
time inquire into and report upon their work and  efficiency.  [He]  THE
DIRECTOR  shall  investigate the work of any [funded] plan or [eligible]
FUNDED program OF THE DIVISION and shall have access  to  their  records
and offices for such purpose.
  S  2.  Subdivision  4 of section 262 of the executive law, as added by
chapter 907 of the laws of 1984 and paragraph a as  amended  by  chapter
421 of the laws of 1988, is amended to read as follows:
  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] THE
year  [and  shall provide that upon] FOR WHICH APPROVAL IS SOUGHT UNLESS
PRIOR PERMISSION OTHERWISE HAS BEEN  GRANTED  BY  THE  DIVISION.    UPON
approval  BY  THE DIVISION 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] 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 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-ef-
fectiveness.
  b. The division shall either approve or deny the plan [no  later  than
sixty  days  following its submission]. If the plan is denied, the divi-
sion 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 division. Nothing herein shall
prohibit the amendment of a plan BY THE COUNTY EXECUTIVE OR HIS  OR  HER
DESIGNEE  to  overcome  the  division's stated reasons for denial or the
resubmission of such proposed plan for approval.
  S 3. Section 263 of the executive law, as added by chapter 907 of  the
laws of 1984, is amended to read as follows:
  S  263.  Reports.  The  advisory board, through its chairperson, shall
submit to the division [a quarterly  report]  REPORTS  relative  to  the
status  of  compliance with the plan, pursuant to [rules and regulations
promulgated] REPORTING REQUIREMENTS ESTABLISHED  by  the  division.  The
report  shall  include, but not be limited to:  compliance with specific
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  divi-
sion and available to the advisory board with respect to this article.

A. 1675                             3

  S  4.  Subdivision  1 of section 264 of the executive law, as added by
chapter 907 of the laws of 1984 and the opening paragraph as amended  by
chapter 908 of the laws of 1984, is amended to read as follows:
  1.  If  at  any time the division 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 division 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 division for a thirty day period
upon a request by the board through the chairperson, where the  division
determines  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 division 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  of  subdivision  3 as amended by chapter 338 of the laws of 1989,
subdivision 3 as added by chapter 907 of the laws of 1984 and  paragraph
b  of  subdivision  3 as amended by chapter 320 of the laws of 1989, 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  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] BY 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 alter-
natives 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 divi-
sion 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. 1675                             4

  a.  An  estimate  of  the  reasonable cost and need of the programs as
approved by the division;] UPON RECEIVING A SERVICE PLAN,  THE  DIVISION
MAY  AGREE  TO REIMBURSE A MUNICIPALITY FOR COSTS INCURRED IN THE IMPLE-
MENTATION OF THE PLAN AS APPROVED BY THE DIVISION.
  [b.]  In  [the first] ANY year of the approved service plan [an agree-
ment by] the division SHALL AGREE to reimburse to the municipality up to
fifty percent of [the state's share of the]  DIVISION  APPROVED  MUNICI-
PALITY'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 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]  REIMBURSEMENT  be
used to replace current expenditures by the municipality for such alter-
natives  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] CREDIT THE MUNICIPALITY 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;] IN SUCH INSTANCES, THE DIVISION MAY  REIM-
BURSE  UP  TO  ONE  HUNDRED  PERCENT  OF  THE MUNICIPALITY'S COST OF THE
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] MAXIMUM DIVISION REIMBURSEMENT
provided for in this subdivision will be the responsibility of the muni-
cipality [except as otherwise 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]
FOR  THE  OPERATION OF ANY PROGRAM, THE DIVISION SHALL NOT REIMBURSE THE
MUNICIPALITY IN THE AMOUNT OF SUCH FEDERAL ASSISTANCE.
  [f. An agreement that in] IN the event [of] private [financial assist-
ance, which was not included in the calculation of the municipal payment
and which] FUNDING becomes available to the municipality[,  such  finan-
cial  assistance  shall  result in a reduction of the municipal share by
said amount] FOR THE OPERATION OF ANY PROGRAM, THE DIVISION SHALL  REIM-
BURSE  UP  TO FIFTY PERCENT OF THE PRIVATE FUNDS EXPENDED BY THE MUNICI-
PALITY.
  S 6. Subdivision 4 of section 266 of the executive law,  as  added  by
chapter 338 of the laws of 1989, is amended to read as follows:
  4.  [The  division  may  receive  approved  amendments  and  may amend
approved plans in accordance with such approved amendments at any  time.
The division may enter into contracts to undertake the implementation of
the  approved  amendments  and  any  such  municipality  may  enter into

A. 1675                             5

contracts with the division and  with  private  organizations  for  such
implementation.    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  division  to reimburse the municipality in
accordance with the following:] UPON RECEIVING AN AMENDMENT,  THE  DIVI-
SION  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.
  [(i)]  A.  In  the  first  year of implementation and operation of the
eligible alcohol and substance abuse program, the division  shall  reim-
burse to the municipality one hundred percent of [the] DIVISION APPROVED
MUNICIPALITY'S  costs  incurred[,  provided  that,  upon approval of the
contract and consistent with implementation plans approved by the  divi-
sion,  up  to  one-half  of  the  state's share of the cost of] FOR such
program [may be immediately allocated 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 division].
  [(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 division 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 division
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 division; 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  chapter  338  of
the laws of 1989, is amended to read as follows:
  S  267.  Division  reports.  The division shall ANNUALLY submit to the
governor, 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] assem-
bly 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 utiliza-
tion, effect on jail population, results of the analyses provided  coun-
ties and the city of New York on the relationship between alcohol, drugs

A. 1675                             6

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-
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 on the same date as provided for in section 12
of chapter 907 of the laws of 1984, as amended.