* § 265. Further authority of the office; state assistance. 1. In
administering the provisions of this article, the office may perform
such other and further acts and recommend to the commissioner of the
division of criminal justice services such rules and regulations it
deems necessary, proper or desirable to carry out the purpose of this
article and not otherwise inconsistent with the other provisions of this
article, chapter or any other provision of law. This shall include, but
not be limited to, the office's consultation with the chief
administrative judge of the office of court administration, the chairman
of the state commission of correction and the commissioner of alcoholism
and substance abuse services.

2. a. For the purpose of carrying out this article state assistance of
not less than fourteen million dollars shall be made available to cities
with a population of one million or more and to counties outside such
cities in amounts to be determined; provided, however, that of the total
amount available herein, not less than seven million dollars shall be
made available as follows:

(i) for each county with a population under one hundred thousand
persons, a minimum of twenty thousand dollars or that percentage of the
total dollar amount available which is equal to the percentage that the
population of such county bears to the total population of the state
determined on the basis of the most recent available federal census,
whichever is greater;

(ii) for each county with a population over one hundred thousand and
under three hundred thousand persons, a minimum of sixty thousand
dollars or that percentage of the total dollar amount available which is
equal to the percentage that the population of such county bears to the
total population of the state determined on the basis of the most recent
available federal census, whichever is greater;

(iii) for each county with a population over three hundred thousand
persons not entirely included within a city, that percentage of the
total dollar amount available which is equal to the percentage that the
population of such county bears to the total population of the state
determined on the basis of the most recent available federal census; and

(iv) for each city with a population of one million or more, the
amount of the total dollar amount available by this paragraph remaining
after the deduction of the amounts apportioned pursuant to the preceding
subparagraphs of this paragraph.

b. Except as provided in section two hundred sixty-six of this
article, applications for such assistance must be made and submitted 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 be either approved or denied by the office no
later than sixty days following such submission. Any part of the moneys
so made available and not apportioned pursuant to a plan approved and
contract entered into with the office within the time limits required
shall be apportioned by the office in its discretion to such a city or
counties on a need basis, taking into consideration incarcerated
individual population or prior commitment by a county in the development
of alternatives to detention or incarceration programs.

3. The office may receive applications from and may enter into
contracts with municipalities to undertake implementation of the service
plan and any such municipality may enter into a contract with the office
and with such private organization or organizations for such purpose.
Except as provided in section two hundred sixty-six of this article, any
such contract may include such provisions as may be agreed upon by the
parties thereto, but shall include in substance at least the following:

a. An estimate of the reasonable cost and need of the programs as
approved by the office;

b. In the first year of the approved service plan an agreement by the
office to reimburse to the municipality up to fifty percent of the
state's share of the costs at the initial approval of the plan; one-half
of the remaining fifty percent of the state's share shall be allocated
to municipalities during the implementation of the plan, provided there
is substantial compliance with timetables and any other provisions of
the plan deemed necessary by the office. The balance of the state's
share of the costs shall be allocated to the municipality in a manner
determined by the office. In any subsequent year, the office shall
reimburse to the municipality the state's share of actual costs incurred
under the plan. In no event shall the state's share exceed fifty percent
of the total cost of the plan, nor shall it be used to replace current
expenditures by the municipality for such alternatives programs.
However, in determining the amount of the municipal share of the cost of
a program, the office shall reduce the amount of the municipal share by
an amount equal to the costs incurred by such municipality on
implementation of any of the plan's provisions during the year
immediately preceding approval of the plan by the office. Any such
amount resulting in a reduction of the municipal share shall not be
considered in calculating the municipal share of any future program;

c. An agreement by the municipality to provide for the payment of the
municipality's share of the cost of the program or programs and to
proceed expeditiously with, and complete, the program or programs, as
approved by the commission;

d. Any costs in excess of the amount provided for in this subdivision
will be the responsibility of the municipality except as otherwise
provided in this article;

e. An agreement that, in the event federal assistance, which was not
included in the calculation of the state or municipal payment, becomes
available to the municipality, the amount of the state payment shall be
recalculated with the inclusion of one-half of such federal assistance
and the amount of the municipality's payment shall be recalculated with
the inclusion of one-half of such federal assistance; and

f. An agreement that in the event of private financial assistance,
which was not included in the calculation of the municipal payment and
which becomes available to the municipality, such financial assistance
shall result in a reduction of the municipal share by said amount.

* NB Repealed September 1, 2025