STATE OF NEW YORK
________________________________________________________________________
7375
2023-2024 Regular Sessions
IN SENATE
May 22, 2023
___________
Introduced by Sen. SALAZAR -- (at request of the Division of Criminal
Justice Services) -- read twice and ordered printed, and when printed
to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the executive law, in relation to codifying the division
of criminal justice services' authority to oversee probation pretrial
monitoring and supervision
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 243 of the executive law, as
2 amended by section 17 of part A of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 1. The office shall exercise general supervision over the adminis-
5 tration of probation services throughout the state, including probation
6 in family courts and shall collect statistical and other information and
7 make recommendations regarding the administration of probation services
8 in the courts. The office shall endeavor to secure the effective appli-
9 cation of the probation system and the enforcement of the probation laws
10 and the laws relating to family courts throughout the state. After
11 consultation with the state probation commission, the office shall
12 recommend to the commissioner general rules which shall regulate methods
13 and procedure in the administration of probation services, including
14 monitoring, supervision and investigation of defendants prior to
15 sentence, and children prior to adjudication, supervision, case work,
16 record keeping, and accounting, program planning and research so as to
17 secure the most effective application of the probation system and the
18 most efficient enforcement of the probation laws throughout the state.
19 Such rules shall provide that the probation investigations ordered by
20 the court in designated felony act cases under subdivision one of
21 section 351.1 of the family court act shall have priority over other
22 cases arising under articles three and seven of such act. When duly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09582-01-3
S. 7375 2
1 adopted by the commissioner, such rules shall be binding upon all
2 probation officers and when duly adopted shall have the force and effect
3 of law, but shall not supersede rules that may be adopted pursuant to
4 the family court act. The office shall keep informed as to the work of
5 all probation officers and shall from time to time inquire into and
6 report upon their conduct and efficiency. The office may investigate the
7 work of any probation bureau or probation officer and shall have access
8 to all records and probation offices. The office may issue subpoenas to
9 compel the attendance of witnesses or the production of books and
10 papers. The office may administer oaths and examine persons under oath.
11 The office may recommend to the appropriate authorities the removal of
12 any probation officer. The office may from time to time publish reports
13 regarding probation including probation in family courts, and the opera-
14 tion of the probation system including probation in family courts and
15 any other information regarding probation as the office may determine
16 provided expenditures for such purpose are within amounts appropriated
17 therefor.
18 § 2. This act shall take effect immediately.
