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bation officers to the official body charged with responsibility for appropriating funds for support of government in the political subdivision of the state wherein a probation department is located. Such body shall then determine whether such need exists and if found to exist it shall fix the salary of such probation officer and appropriate the necessary funds, as well as provide for the necessary expenses of such officer.

૭ 12. Subdivision three of section two hundred fifty-seven of such law, as amended by chapter four hundred seventy-five of the laws of nineteen hundred seventy-five, is amended to read as follows:

3. Each probation officer who collects or has custody of money, before entering upon the duties of his office, shall execute a bond, pursuant to the provisions of section eleven of the public officers law, in a penal sum to be fixed by the local director of probation with sufficient sureties approved thereby, conditioned for the honest accounting for all money received by him as such probation officer. In the discretion of the local director of probation, a position scheduled bond covering all such probation officers may be procured and executed in lieu of such individual bonds. The accounts of all probation officers shall be subject to audit at any time by the proper fiscal authorities and the division of probation and correctional alternatives.

§ 13. Subdivision four of section two hundred fifty-seven of such law, as amended by chapter two hundred thirty-seven of the laws of nineteen hundred seventy-five, is amended to read as follows:

4. It shall be the duty of every probation officer to furnish to each of his probationers a statement of the conditions of probation, and to instruct him with regard thereto; to keep informed concerning his conduct, habits, associates, employment, recreation and whereabouts; to contact him at least once a month pursuant to rules promulgated by the state director of probation and correctional alternatives; to aid and encourage him by friendly advice and admonition; and by such other measures as may seem most suitable to bring about improvement in his conduct, condition and general attitude toward society. Probation officers shall report to the head of the probation bureau or department who shall in turn report in writing to the court and the state director of probation and correctional alternatives at least monthly or where there is no bureau or department, directly to the court and the state director of probation and correctional alternatives concerning the conduct and condition of probationers; keep records of their work as probation officers; keep accurate and complete accounts of all money collected from probationers; give receipts therefor and make prompt returns thereof at least monthly; aid in securing employment; perform such other duties in connection with such probationer as the court may direct or as required by the general rules adopted pursuant to section two hundred forty-three of this chapter; and make such reports to the state division of probation and correctional alternatives as it may require.

§ 14. Paragraphs b, d and g of subdivision one of section two hundred sixty-one of such law, as added by chapter nine hundred seven of the laws of nineteen hundred eighty-four, are amended to read as follows:

b. "Eligible programs" means existing programs, enhancement of existing programs or initiation of new programs which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. Such programs may be administered by either the county or private, community-based organizations and may include, but shall not be limited to: new or enhanced specialized probation services, which exceed those probation services otherwise required to be performed in accordance with applicable law, rule or regulation of the state division of probation and correctional alternatives subject to the provisions of this article; a pre-trial alternative to detention program, including a comprehensive pre-arraignment program which screens all defendants and ensures that the court is fully advised of the availability of alternatives based upon the defendant's suitability and needs prior to its determination regarding the issuance of a securing order, or an effective bail review program; alternatives to postadjudicatory incarceration programs, including community service, work furlough, substance abuse or alcohol intervention programs; and management information systems designed to improve the county's ability to identify appropriate persons for alternatives to detention or incarceration, as well as for improved classification of persons within jail.

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

d. "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 division of [criminal justice services] probation and correctional alternatives to meet the requirements set forth in paragraph a of this subdivision.

g. "Division" means the division of [criminal justice services] probation and correctional alternatives.

§ 15. Paragraph a of subdivision four of section two hundred sixty-two of such law, as added by chapter nine hundred seven of the laws of nineteen hundred eighty-four, is amended to read as follows:

a. Each such plan or intent to file such plan shall be submitted to the division within one hundred eighty days after the effective date of this section and shall provide that upon approval it shall become effective. [Any program included in a plan which would provide new or enhanced specialized probation services shall be certified by the director of the state division of probation that such services are new or enhanced in accordance with the provisions of paragraph b of subdivision one of section two hundred sixty-one of this article. A plan may bẹ amended from time to time by the advisory board, subject to the approval of the local legislative body and the division. The division may mend 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.

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§ 16. Subdivision one of section two hundred sixty-five of such law, as added by chapter nine hundred seven of the laws of nineteen hundred eighty-four is amended to read as follows:

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In administering the provisions of this article, the division may perform such other and further acts and promulgate such rules and lations it deems necessary, proper or desirable to carry out the purpose of this article and not otherwise inconsistent with the other provisions of this article, chapter or any other provision of law. This shall include, but not be limited to, the division's consultation with the chief administrative judge of the office of court administration, the director of the division of probation,] and the chairman of the state commission of correction.

§ 17. Subdivision one of section four hundred forty-two of such law, as separately amended by chapters five hundred sixty-three and five hundred sixty-eight of the laws of nineteen hundred eighty-four, is amended to read as follows:

1. There is hereby created within the executive department a council on children and families. The council shall consist of the following members: the state commissioner of social services, the director of the division for youth, the commissioner of mental health, the commissioner of mental retardation and developmental disabilities, the director of the division of alcoholism and alcohol abuse, the director of the division of substance abuse services, the commissioner of education, the state director of probation and correctional alternatives, the executive director of the state board of social welfare, the commissioner of health, the commissioner of the division of criminal justice services, the state advocate for the disabled, the director of the office for the aging, and the governor or his designee from among his senior staff members who shall serve as chairman; provided, however, that no such designee shall be the head or chief executive officer of any state agency other than the council.

§ 18. Subdivision nine of section eight hundred thirty-five of such law, as amended by chapter seven hundred twenty of the laws of nineteen hundred eighty-one, is amended to read as follows:

9. "Qualified agencies" means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs' offices, district attorneys' offices, the state department of correctional services, the state division of probation and correctional alternatives, the department of correction of any municipality, the insurance frauds bureau of the state department of insurance, the temporary state commission of investigation and police forces and departments having responsibility for enforcement of the general criminal laws of the state.

§ 19. Section one hundred seventy-seven-e of the judiciary law, as amended by chapter six hundred thirty-three of the laws of nineteen hundred seventy-two, is amended to read as follows:

§ 177-e. Special narcotics parts; probation services. The state director of probation and correctional alternatives is authorized to supplement the probation services available to the supreme court in such cities by directing that probation services for cases in the special narcotics parts be performed by the state division of probation and correctional alternatives. Such services shall be administered in accordance with the provisions of subdivision two of section two hundred forty-seven of the executive law, except that the two-year limitation contained therein shall not apply.

§ 20. Paragraph nine of subdivision (b) of section 19.07 of the mental hygiene law, as added by chapter four hundred seventy-one of the laws of nineteen hundred eighty, is amended to read as follows:

9. upon the request of a state agency including but not limited to the department of correctional services, the state division of probation and correctional alternatives, the division for youth and the board of parole provide substance abuse services either directly or through agreements with substance abuse programs to persons in the custody or under the jurisdiction of the requesting agency;

§ 21. Subdivision two of section 385. 1 of the family court act, as added by chapter nine hundred twenty of the laws of nineteen hundred eighty-two, is amended to read as follows: 2. The division of probation and correctional alternatives shall include in its annual report to the legislature and the governor information, by county, showing the total number of delinquency cases adjusted prior to filing. § 22. Section 385.2 of such act, as added by chapter nine hundred twenty of the laws of nineteen hundred eighty-two, is amended to read as follows:

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§ 385.2. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of in a city having a population of one million or more, an index of the records of the local probation departments located in the counties comprising such city for proceedings under article three shall be consolidated and filed in a central office for use by the family court and local probation service in each such county. After consultation with the state administrative judge, the state director of probation and correctional alternatives shall specify the information to be contained in such index and the organization of such consolidated file.

§ 23. Section seven hundred eighty-three-a of such act, as added by chapter five hundred eighty-seven of the laws of nineteen hundred seventy-six, is amended to read as follows:

§ 783-a. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of law, in a city having a population of one million or more, an index of the records of the local probation departments located in the counties comprising such city for proceedings under article seven shall be consolidated and filed in a central office for use by the family court and local probation service in each such county. After consultation with the state administrative judge, the state director of probation and correctional alternatives shall specify the information to be contained in such index and the organization of such consolidated file.

§ 24. Subdivision three of section seven hundred two of the correction law, as amended by chapter three hundred forty-two of the laws of nineteen hundred seventy-two, is amended to read as follows: 3. Where a certificate of relief from disabilities is not issued at the time sentence is pronounced it shall only be issued thereafter upon verified application to the court. The court may, for the purpose of determining whether such certificate shall be issued, request its probation service to conduct an investigation of the applicant, or if the court has no probation service it may request the probation service of the county court for the county in which the court is located to conduct such investigation, or if there be no such probation service the court may request the state director of probation and correctional alternatives to arrange for such investigation. Any probation officer requested to make an investigation pursuant to this section shall prepare and submit to the court a written report in accordance with such request.

§ 25. Subdivision one of section seven hundred five of such law, as amended by chapter seven hundred forty-eight of the laws of nineteen hundred seventy-one, is amended to read as follows:

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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1. All applications, certificates and orders of revocation necessary for the purposes of this article shall be upon forms prescribed pursuant agreement among the state commissioner of correctional services, the chairman of the state board of parole and the administrator of the state judicial conference. Such forms shall be distributed by the director of the state division of probation and correctional alternatives.

§ 26. Subdivision four of section 390.30 of the criminal procedure law, as added by chapter four hundred fifty of the laws of nineteen hundred seventy-one, is amended to read as follows:

4. Abbreviated investigation and short form report. In lieu of the procedure set forth in subdivisions one, two and three, where the conviction is of a misdemeanor the scope of the pre-sentence investigation may be abbreviated and a short form report may be made. The use of abbreviated investigations and short form reports, the matters to be covered therein and the form of the reports shall be in accordance with the general rules regulating methods and procedures in the administration of probation as adopted from time to time by the state director of probation and correctional alternatives pursuant to the provisions of article twelve of the executive law. No such rule, however, shall be construed SO as to relieve the agency conducting the investigation of the duty of investigating and reporting upon any matter relevant to the question of sentence that the court directs to be included in particular cases.

§ 27. Subdivision one of section 410.80 of such law is amended to read as follows:

1. Authority to transfer supervision. In any case where a sentence of probation is pronounced, if the defendant resides or desires to reside in a place other than one within the jurisdiction of the probation department that serves the sentencing court, such court may designate any other probation department within the state to perform the duties of probation supervision and may transfer supervision of the defendant thereto. Any such designation must be in accordance with rules adopted by the director of the state division of probation and correctional alternatives.

§ 28. Paragraphs (a) and (b) of subdivision seven of section 420. 10 of such law, as added by chapter nine hundred sixty-five of the laws of nineteen hundred eighty-four, are amended to read as follows:

(a) The chief elected official in each county, and in the city of New York the mayor, shall designate an official or organization other than the district attorney to be responsible for the collection and administration of restitution and reparation payments under provisions of the penal law and this chapter; provided, however, that where the state division of probation and correctional alternatives provides for and delivers probation services pursuant to the provisions of section two hundred [forty] forty-seven of the executive law the state division of probation and correctional alternatives shall have the first option of designating such agency as the restitution agency for such county. This official or organization shall be eligible for the designated surcharge provided for by subdivision seven of section 60.27 of the penal law. (b) The restitution agency, as designated by paragraph (a) of this subdivision, shall be responsible for the collection of data on a monthly basis regarding the numbers of restitution and reparation orders issued, the numbers of satisfied restitution and reparation orders and information concerning the types of crimes for which such orders were required. A probation department designated as the restitution agency shall then forward such information to the director of the state division of probation and correctional alternatives within the first ten days following the end of each month who shall transmit such information to the division of criminal justice services. In all other cases the restitution agency shall report to the division of criminal justice services directly. The division of criminal justice services shall compile and review all such information and make recommendations to promote the use of restitution and encourage its enforcement.

§ 29. Subdivision eight of section ninety-two of the public officers law, as added by chapter six hundred fifty-two of the laws of nineteen hundred eighty-three, is amended to read as follows:

(8) Public safety agency record. The term "public safety agency record" means a record of the commission of corrections, the temporary state commission of investigation, the department of correctional services, the division for youth, the division of parole, the crime victims board, the division of probation and correctional alternatives or the division of state police or of any agency or component thereof whose primary function is the enforcement of civil or criminal statutes if

such record pertains to investigation, law enforcement, confinement of persons in correctional facilities or supervision of persons pursuant to criminal conviction or court order, and any records maintained by the division of criminal justice services pursuant to sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight hundred thirtyseven-b, eight hundred thirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine, eight hundred forty-five, and eight hundred fortyfive-a of the executive law.

§ 30. Agency abolished. The state division of probation in the state government, created and established by section two hundred forty of the executive law is abolished effective April first, nineteen hundred eighty-five.

31. Transfer of functions. All of the functions and powers possessed by and all the obligations and duties of the director of probation and the division of probation, and the functions and powers possessed by and all the obligations and duties of the commissioner of the division of criminal justice services and the division of criminal justice services relating to alternatives to incarceration programming affected by this act, are hereby transferred and assigned to, assumed by and devolved upon the state director and the division of probation and correctional alternatives in the executive department.

§ 32. Transfer of employees. Upon the transfer of functions to the state division of probation and correctional alternatives pursuant to this act, provisions shall be made for the transfer to the state division of probation and correctional alternatives of such employees of the division of probation and of the division of criminal justice services who are engaged in carrying out the functions herein transferred in accordance with the provisions of section seventy of the civil service law. Employees so transferred shall be transferred without further examination or qualification and shall retain their respective civil service classifications and status. For the purpose of determining the employees holding permanent appointment in competitive class positions to be transferred, such employees shall be selected within each class of positions in the order of their original appointment, with due regard to the right of preference in retention of disabled and non-disabled veterans. Any such employee who, at the time of such transfer, has a temporary or provisional appointment shall be transferred subject to the same right of removal, examination or termination as though such transfer had not been made. Employees holding permanent appointments in competitive class positions who are not transferred pursuant to this section shall have their names entered upon an appropriate preferred list for reinstatement pursuant to the civil service law. The state director of probation at the effective date of this act shall be the state director of probation and correctional alternatives and hold office at the pleasure of the governor by whom he was appointed and until his successor is appointed and has qualified in the manner provided for in section two hundred forty of the executive law, as amended by section three of this act.

§ 33. Transfer of records. The commissioner of the division of criminal justice services shall deliver to the director of the state division of probation and correctional alternatives all books, papers, records and property of the division of criminal justice services relating to the functions, powers and duties transferred by this act. All books, papers, records and property of the division of probation shall continué to be maintained by the division of probation and correctional alternatives.

§ 34. Continuity of authority. For the purpose of succession to all functions, powers, duties and obligations transferred and assigned to, devolved upon and assumed by it pursuant to this act, the state division of probation and correctional alternatives shall be deemed and held to constitute the continuation of the divisions of probation and criminal justice services therein.

$35. Completion of unfinished business. Any business or other matter undertaken or commenced by the division of probation or the director thereof, or the division of criminal justice services or the commissioner thereof, pertaining to or connected with the functions, powers, obligations and duties hereby transferred and assigned to the state division of probation and correctional alternatives and pending on the effective date of this act, may be conducted and completed by the state division of probation and correctional alternatives in the same manner EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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