§ 256. Local probation departments. 1. Each county shall maintain or
provide for a probation agency or agencies to perform probation services
therein, including intake, investigation, pre-sentence reports,
supervision, conciliation, social treatment and such other functions as
are assigned to probation agencies pursuant to law.

2. The board of supervisors or county legislatures of a county may
establish a county probation department in which there may be merged and
consolidated the responsibility for carrying out the probation work for
all matters under the jurisdiction of the family court, the superior
courts and the local criminal courts in and for the county. In any
county where the board of supervisors or county legislatures does not
establish a probation department to perform all probation work in the
county, as hereinabove provided, separate probation departments to carry
out the probation work for matters under the jurisdiction of particular
courts may be established and there may be merged and consolidated
therein the probation work for matters under the jurisdiction of two or
more courts. Any probation department that does not perform all
probation work in the county shall be known as the probation department
for the court or courts it is to serve.

3. Two or more counties may by agreement between the local governing
bodies thereof provide for the establishment, operation and maintenance
of a joint county probation department. Any probation department so
established shall have charge of all probation work in and for all the
courts in said counties. If any such county or court therein included in
the agreement shall already have a probation service, such agreement
shall provide that all officers and employees in such service shall
retain their civil service status and be transferred to the joint county
probation service without further examination or qualification, provided
however that, subject to the civil service law, such agreement may
provide for the abolition of existing unnecessary offices or positions
and the transfer of officers and employees to comparable positions. Any
such agreement shall provide for the proportionate cost, including but
not limited to salaries and employer's retirement contributions, of such
joint county probation service to be borne by each county and may
provide that the treasurer of one county participating in such agreement
shall be the custodian of the moneys made available for expenditure for
the purposes of such joint county probation service and that such
treasurer may make payments from such moneys for such purposes upon
audit of the appropriate auditing officer or body of such county. Such
agreement may provide for such other matters as are necessary and proper
to effectuate the purposes of this subdivision.

4. A probation department established pursuant to this section shall
consist of a director of probation and such deputies, supervisors,
probation officers and other employees as may be appointed pursuant to
the provisions of this section and the provisions of section two hundred
fifty-seven of this chapter.

5. The director of each probation department, other than a joint
county department, shall be appointed by the chief executive officer of
the county. The director of a joint county probation department shall be
appointed by agreement between the chief executive officers of the
counties participating in such agreement or a majority of them and in
the event of a deadlock the director of the office of probation and
correctional alternatives shall participate in the making of the
decision. Where a county has no chief executive officer, the appointment
of, or agreement to appoint, the director shall be made by the chairman
of the board of supervisors or county legislatures. The director of a
probation department shall have the power to appoint all deputies,
supervisors, probation officers and other employees in such department
within appropriations made available therefor by the board of
supervisors or county legislatures. The board of supervisors or county
legislatures shall fix the salaries of all personnel in the department
and make the necessary appropriations therefor as well as for the
expenses actually and necessarily incurred by such officers and
employees in the performance of their duties. In the case of a joint
county department the salaries of personnel and the amounts of other
expenditures to be made available for operation of the department shall
be set forth in the agreement between the counties, and the boards of
supervisors or county legislatures shall make the appropriations
required for the respective proportionate costs thereof.

6. (a) Each probation agency or department and state operated
probation services shall provide for intake, investigation, supervision
and conciliation services relating to custody, visitation and paternity
proceedings and may provide for such services in support proceedings
under the provisions of articles four, five, five-A and six of the
family court act. For purposes of this subdivision, intake services: (i)
relating to support proceedings under article four and relating to
paternity proceedings under articles five and five-A of the family court
act, shall include referral to the office of temporary and disability
assistance's child support enforcement unit in cases where a person is
applying for or receiving public assistance or where a person chooses to
utilize the services of such unit; (ii) relating to support proceedings
under article four of the family court act, shall include services
rendered to the payors of support orders seeking to modify such orders.

(b) Each probation agency or department is authorized to enter into a
contract with the appropriate local social services district for the
performance of the functions of the support collection unit, in
accordance with the provisions of section one hundred eleven-h of the
social services law.

7. The provisions of this section shall not apply to any county that
is located wholly within a city; provided, however, that the provisions
of subdivision six of this section shall apply in like manner to any
county that is located wholly within a city.