Bill Text: NY S07375 | 2023-2024 | General Assembly | Introduced

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Bill Title: Codifies the division of criminal justice services' authority to oversee probation pretrial monitoring and supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-02 - referred to judiciary [S07375 Detail]

Download: New_York-2023-S07375-Introduced.html

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                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.