* ยง 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