N.Y. Executive Law 264 – Noncompliance with plan
* § 264. Noncompliance with plan. 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. 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 specific 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 § 500-b of the correction law shall be applied.
Terms Used In N.Y. Executive Law 264
- 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
- Approved plan: means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision. 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
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 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 office of non-compliance pursuant to this section shall be deemed a final determination for purposes of judicial review.
2. The advisory board, through its chairperson, may reapply for continuation of its approved plan or modified plan, provided it certifies that it has complied with the specific actions deemed necessary by the office to secure compliance. Within thirty days of receipt of the application the office shall verify compliance with its notice and notify the board and the state commission of correction of its decision.
* NB Repealed September 1, 2025