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MANHATTAN PROBATION VIOLATION LAWYER

NEW YORK CITY PROBATION LAWS

§ 255. Probation in the city of New York. 1. There is hereby created a
department of probation in and for the city of New York to have charge
of all probation work in the supreme, family and criminal courts in the
counties of Bronx, Kings, New York, Queens and Richmond.


2. The head of such department shall be a director of probation
appointed by the mayor of the city of New York to serve during the
pleasure of the mayor. The director shall have charge of the
administration of the department and shall be responsible for carrying
out the functions of the department including intake, investigation,
supervision, conciliation and pre-disposition social treatment in cases
coming to the courts referred to in this section. The director may,
from time to time, create, abolish, transfer and consolidate bureaus and
other units within the department as he may determine necessary for
efficient operation thereof. He also shall have the power to appoint and
remove such deputy directors, assistants, probation officers and other
employees as may be needed for the performance of the duties of the
department and may prescribe their duties and fix their compensation,
within appropriations made available therefor by the city of New York
and subject to all applicable civil service laws and rules and
regulations. The director may, in his discretion, appoint volunteer
probation officers, when necessary, provided they have the
qualifications required of salaried officers, but no such volunteer
probation officer shall receive pay from the public funds for his
services. The city of New York shall make the necessary appropriation
for the salaries of the director and of all officers and employees of
the department as referred to herein, as well for the expenses actually
and necessarily incurred by such director, officers and employees in the
performance of their duties.


3. The director shall discharge his powers and responsibilities in
accordance with all laws and rules applicable to probation and with the
general rules regulating methods and procedure in the administration of
probation as adopted from time to time pursuant to section two hundred
forty-three of this chapter. He may adopt departmental rules, not
inconsistent with law or the aforesaid general rules, to regulate the
policies, programs, standards, and methods of procedure in relation to
probation and the powers and duties of officers and employees as in his
judgment he deems proper.


4. The head of such probation department, out of moneys appropriated
to such department for that purpose, is authorized to grant scholarships
to employees in the probation service in such department, for graduate
training in the field of probation at graduate schools or departments of
social work located within the state whose programs are registered by
the regents and accredited by the council on social work education. Each
such scholarship shall entitle the holder thereof to a sum sufficient to
pay the cost of tuition, not to exceed two thousand dollars annually,
while in attendance at any of the said schools or departments for a
period not to exceed two years of graduate professional study.
Scholarships under this section shall be awarded to employees in the
probation service in such department who apply therefor in the order of
their seniority in their civil service titles.


5. Notwithstanding any other provision of law or of the New York city
charter or administrative code, any duly appointed officer or employee
of such probation department may reside in any county within the state.

 

§ 257. Probation personnel; qualifications and duties.

1. Except as
may be otherwise specified in other provisions of law, all salaried
probation officers and their supervisors, including the director, of
every probation department, agency or service maintained by any county
or city shall be in the competitive class of the civil service. No
person shall be eligible for appointment as a probation officer or to a
position that involves the duty of supervising a probation officer, who
is under twenty-one years of age, or who has not had a high school
education, or equivalent education, or who is not physically, mentally
and morally fitted. Probation officers shall be selected because of
definite qualifications as to character, ability and training, and
primarily with respect to their capacity for rightly influencing human
behavior. The director of any probation department may appoint
non-salaried volunteer probation officers, provided they have the
qualifications required of salaried officers. The general rules
regulating methods and procedures in the administration of probation, as
may be adopted from time to time pursuant to section two hundred
forty-three of this chapter, may require additional minimum
qualifications for probation personnel and shall set forth procedures,
not inconsistent with this or other laws, to be followed in appointment
of all probation personnel.


2. The office of probation and correctional alternatives may when
necessary certify in writing the need of one or more salaried probation
officers to the official body charged with responsibility for
appropriating funds for support of government in the political
subdivision of the state wherein a probation department is located. Such
body shall then determine whether such need exists and if found to exist
it shall fix the salary of such probation officer and appropriate the
necessary funds, as well as provide for the necessary expenses of such
officer.


3. Each probation officer who collects or has custody of money, before
entering upon the duties of his or her office, shall execute a bond,
pursuant to the provisions of section eleven of the public officers law,
in a penal sum to be fixed by the local director of probation with
sufficient sureties approved thereby, conditioned for the honest
accounting for all money received by him or her as such probation
officer. In the discretion of the local director of probation, a
position scheduled bond covering all such probation officers may be
procured and executed in lieu of such individual bonds. The accounts of
all probation officers shall be subject to audit at any time by the
proper fiscal authorities and the office of probation and correctional
alternatives.


4. It shall be the duty of every probation officer to furnish to each
of his or her probationers a statement of the conditions of probation,
and to instruct him or her with regard thereto; to keep informed
concerning his or her conduct, habits, associates, employment,
recreation and whereabouts; to contact him or her at least once a month
pursuant to rules promulgated by the commissioner of the division of
criminal justice services; to aid and encourage him or her by friendly
advice and admonition; and by such other measures as may seem most
suitable to bring about improvement in his or her conduct, condition and
general attitude toward society. Probation officers shall report to the
head of the probation bureau or department who shall in turn report in
writing to the court and the office of probation and correctional
alternatives at least monthly or where there is no bureau or department,
directly to the court and the office of probation and correctional
alternatives concerning the conduct and condition of probationers; keep
records of their work as probation officers; keep accurate and complete
accounts of all money collected from probationers; give receipts
therefor and make prompt returns thereof at least monthly; aid in
securing employment; perform such other duties in connection with such
probationer as the court may direct or as required by the general rules
adopted pursuant to section two hundred forty-three of this chapter; and
make such reports to the office of probation and correctional
alternatives as it may require.


4-a. In the event a probationer ceases to participate in or is
unsuccessfully terminated from an alcohol or substance abuse program
ordered by the court as a condition of a sentence of probation pursuant
to section 410.10 of the criminal procedure law or section 65.10 of the
penal law, the probation officer shall immediately report said cessation
or termination to the local probation director. The local probation
director shall report said cessation or termination to the court within
ninety days, except where the probationer has resumed participation in
an alcohol or substance abuse program with the approval of the local
probation director. The local probation director shall include the fact
of any such report to the court in the next monthly written report to
the court and the state director of probation and correctional
alternatives as required pursuant to subdivision four of this section.


4-b. It shall be the duty of every probation officer to provide
written notice to probationers under the officer's supervision who may
be subject to any requirement to report to the office of victim services
any funds of a convicted person as defined in section six hundred
thirty-two-a of this chapter, the procedures for such reporting and any
potential penalty for a failure to comply.


5. Probation officers may require such reports by probationers as are
reasonable or necessary. Probation officers shall be peace officers.


6. (a) Notwithstanding subdivision one of this section, the director
of probation in counties with a population of more than four hundred
thousand, except counties wholly contained within a city, shall be in
the non-competitive class of civil service and shall be appointed by the
county executive with the approval of the local governing body. There
shall be one deputy director of probation, who shall be in the
non-competitive class of civil service. Such deputy shall be appointed
by the director of probation.
(b) No person shall be eligible for appointment as a director of
probation or deputy director of probation pursuant to subdivision one of
this section who does not meet the minimum qualification requirements
established for the position by the general rules regulating methods and
procedures in the administration of probation.
(c) The provisions of this subdivision shall not apply to any person
holding the office of director or deputy director of probation in any
such county on the effective date of this subdivision during the term of
such office.

§ 257-b. Conditional releasees; duties of supervision. 1. It shall be
the duty of every probation officer to furnish each person who has been
ordered to his or her supervision pursuant to subdivision two of section
70.40 of the penal law, with a statement of the conditions of release
and to instruct such person with regard thereto; to keep informed
concerning such person's conduct, habits, associates, employments,
recreation and whereabouts; to contact such person pursuant to rules and
regulations promulgated by the division; to aid and encourage such
person by friendly advice and admonition and, by such other measures as
may seem most suitable, to bring about improvement in such person's
conduct, condition and general attitude toward society.
2. Probation officers shall report to the head of the local probation
department who shall in turn report in writing to the local conditional
release commission having custody of such person at least monthly
concerning the conduct and condition of persons conditionally released
pursuant to subdivision two of section 70.40 of the penal law; keep
records of their work as probation officers; keep accurate and complete
accounts of all money collected from such persons; give receipts
therefor and make prompt returns thereof at least monthly; aid in
securing employment; perform such other duties in connection with the
supervision of such persons as may be required by rules and regulations
promulgated by the division; and make any other reports to the division
as it may require.
3. If at any time during the period of supervision, a probation
officer has reasonable cause to believe a person conditionally released
pursuant to subdivision two of section 70.40 of the penal law has lapsed
into criminal ways or company, or has violated one or more conditions of
his or her release, such probation officer shall report such fact to a
member of the local conditional release commission having custody of
such person.