N.Y. Executive Law 262 – Office assistance; plan; approval
* § 262. Office assistance; plan; approval. 1. Upon request of either the county executive or the advisory board, through the chairperson, the office 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.
Terms Used In N.Y. Executive Law 262
- Advisory board: means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section. See N.Y. Executive Law 261
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- County executive: means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor. See N.Y. Executive Law 261
- Eligible programs: means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. See N.Y. Executive Law 261
- Office: means the office of probation and correctional alternatives. See N.Y. Executive Law 261
- plan: means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. See N.Y. Executive Law 261
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 office 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 office for approval.
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 year and shall provide that upon approval 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. 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-effectiveness.
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 undertaken to secure the approval of the office. Nothing herein shall prohibit the amendment of a plan to overcome the office's stated reasons for denial or the resubmission of such proposed plan for approval.
* NB Repealed September 1, 2025