* § 261. Alternatives to incarceration service plans. 1. As used in
this article:

a. "Service plan" or "plan" means a county plan designed to identify
and provide eligible programs as determined by either an advisory board
established pursuant to this article, or by an existing criminal justice
coordinating council, provided, however, the membership of such council
includes a majority of those persons set forth in subdivision two of
this section, provided that one person shall be the chief administrative
officer. The following factors considered, utilized and incorporated in
the plan shall include but not be limited to:

(i) an analysis of the jail population to assist in determining
incarceration practices and trends, including, if submitting an approved
amendment pursuant to section two hundred sixty-six of this article, an
analysis of the relationship between alcohol, drugs and crime and the
effects of alcohol and substance abuse on the local criminal justice
system and jail, probation and alternatives to incarceration
populations, consistent with planning guidelines established by the
office; the types and nature of alternative programming needed, and
appropriate eligibility requirements;

(ii) an analysis of recent overcrowding problems and measures taken by
the county to relieve them;

(iii) a summary of existing alternatives programs and/or related
services and previous efforts made by the county to develop alternatives
to incarceration and if an approved amendment is submitted, pursuant to
section two hundred sixty-six of this article, a summary of existing
alcohol and substance abuse programs;

(iv) a comprehensive plan for the development of alternatives programs
that addresses the specific needs identified in subparagraph (i) of this
paragraph and furthers the county's long-range goals in the area of
alternatives to incarceration;

(v) specific proposals for the use of state aid available under this
chapter, including a description of services to be provided,
characteristics of the target populations, steps to be taken to identify
eligible participants, the goals and objectives to be accomplished
through the proposals;

(vi) a detailed time frame for the implementation and evaluation of
the specific proposals described in subparagraph (v) of this paragraph;

(vii) a summary of those criteria by which the office and the state
commission of correction may measure the proposal's impact on jail
overcrowding; and

(viii) any other information which the office may request consistent
with the purposes of this chapter.

Nothing in this article shall prohibit the development of regional
programs by two or more counties.

b. "Eligible programs" means existing programs, enhancement of
existing programs or initiation of new programs or, if submitting an
approved amendment pursuant to section two hundred sixty-six of this
article, eligible alcohol and substance abuse programs as defined in
paragraph c of this subdivision which serve to assist the court, public
officers or others in identifying and avoiding the inappropriate use of
incarceration. Such programs may be administered by either the county or
private, community-based organizations and may include, but shall not be
limited to: new or enhanced specialized probation services which exceed
those probation services otherwise required to be performed in
accordance with applicable law, rule or regulation of the division of
criminal justice services subject to the provisions of this article; a
pre-trial alternative to detention program, including a comprehensive
pre-arraignment program which screens all defendants and ensures that
the court is fully advised of the availability of alternatives based
upon the defendant's suitability and needs prior to its determination
regarding the issuance of a securing order, or an effective bail review
program; alternatives to post-adjudicatory incarceration programs,
including community service, substance abuse or alcohol intervention
programs; and management information systems designed to improve the
county's ability to identify appropriate persons for alternatives to
detention or incarceration, as well as for improved classification of
persons within jail. For purposes of this paragraph, community service
programs may place persons performing community service at worksites
identified by the commissioner of the department of environmental
conservation and the commissioner of the office of parks, recreation and
historic preservation.

c. "Eligible alcohol and substance abuse programs" means eligible
programs which serve to assist the courts, public officers and others in
identifying and avoiding inappropriate incarceration by providing
services to offenders who have or have had a history of alcohol or
substance abuse and who, having been charged with or convicted of a
felony are also at risk of incarceration as a pre-trial detainee, a
determinate sentenced offender, an indeterminate sentenced offender, a
probation violator, or a parole violator. Such services may include, but
shall not be limited to programs and services that provide treatment,
care or rehabilitative services, either residential or out-patient, to
such offenders, or programs and services that provide for the purpose of
developing individualized service plans to address such offender's
alcohol or substance abuse problem, or programs and services that
provide referrals and other linkages to alcohol or substance abuse
programs to such offenders.

d. "Inappropriate incarceration" means instances where a person is or
is about to be confined or otherwise held in custody prior to trial on a
criminal charge, or pursuant to a sentence imposed upon conviction for
an offense, or pursuant to any criminal court order of commitment, and
where the purposes of such confinement would be adequately served by an
alternative to incarceration.

e. "Approved plan" means a plan submitted by the county executive upon
approval by the advisory board or council and by the local legislative
body, which has been determined by the office to meet the requirements
set forth in paragraph a of this subdivision.

f. "Approved amendment" means an amendment submitted by the county
executive upon approval by the advisory board or council and by the
local legislative body, which has been determined by the division to
meet the requirements set forth in section 266 of this article to
provide eligible alcohol and substance abuse programs.

g. "Advisory board" means that body established pursuant to this
section or a criminal justice coordinating council whose members include
the chief administrative officer and a majority of the members set forth
in subdivision two of this section.

h. "County executive" means a county administrator, county manager,
county director or county president and in cities with a population of
one million or more, the mayor.

i. "Office" means the office of probation and correctional
alternatives.

2. Every advisory board established for purposes of this article shall
include the following persons or their representatives:

a. County court judge, as appointed by the administrative judge for
that county; in cities with a population of one million or more, a
supreme court judge, as appointed by the administrative judge for that
city;

b. Police court, district court, town court or village court judge, as
appointed by the administrative judge of that county; in cities with a
population of one million or more, a criminal court judge, as appointed
by the administrative judge for that city;

c. The district attorney; in cities with a population of one million
or more, the district attorney shall be selected by the district
attorneys of the five boroughs to represent their joint views;

d. A representative of each of the agencies providing legal services
to those unable to afford counsel in criminal cases, not to exceed two;

e. County legislator or member of the county board of supervisors or,
in cities of one million of more, city councilman who chairs a public
safety committee, or the committee best designed to deal with this
subject, should such a committee exist;

f. County director of probation; in cities with a population of one
million or more, the commissioner of the department of probation;

g. Chief administrative officer;

h. A representative of local police agencies, other than the chief
administrative officer, selected by the heads of all such agencies to
represent their joint views; in cities with a population of one million
or more, the police commissioner;

i. Representative of a private organization operating within a county
who has experience and involvement in alternatives to incarceration
programs or pre-trial service programs, as designated by the county
executive;

j. Ex-offender and a crime victim, each designated by the county
executive;

k. County executive;

l. The director of community services as defined in section 41.03 of
the mental hygiene law; and

m. An individual within a county who provides state certified alcohol
and/or substance abuse treatment programs or services.

Prior to any official action by the board, all members shall be
designated. The chairperson shall be the county executive or his or her
duly designated representative. In cities with a population of one
million or more, a single advisory board shall be established.

* NB Repealed September 1, 2025