N.Y.
Executive Law Section 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.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
Source:
Section 262 — Office assistance; plan; approval, https://www.nysenate.gov/legislation/laws/EXC/262 (updated May 12, 2023; accessed Oct. 26, 2024).
