S T A T E O F N E W Y O R K
________________________________________________________________________
4847
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
___________
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.
LBD06904-01-1
A. 4847 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.
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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;
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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.
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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. 4847 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.