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.
Terms Used In N.Y. Executive Law 255
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
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.