New York Executive Code § 256

Local probation departments
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§ 256. Local probation departments. 1. Each county shall maintain or\nprovide for a probation agency or agencies to perform probation services\ntherein, including intake, investigation, pre-sentence reports,\nsupervision, conciliation, social treatment and such other functions as\nare assigned to probation agencies pursuant to law.\n  2. The board of supervisors or county legislatures of a county may\nestablish a county probation department in which there may be merged and\nconsolidated the responsibility for carrying out the probation work for\nall matters under the jurisdiction of the family court, the superior\ncourts and the local criminal courts in and for the county. In any\ncounty where the board of supervisors or county legislatures does not\nestablish a probation department to perform all probation work in the\ncounty, as hereinabove provided, separate probation departments to carry\nout the probation work for matters under the jurisdiction of particular\ncourts may be established and there may be merged and consolidated\ntherein the probation work for matters under the jurisdiction of two or\nmore courts. Any probation department that does not perform all\nprobation work in the county shall be known as the probation department\nfor the court or courts it is to serve.\n  3. Two or more counties may by agreement between the local governing\nbodies thereof provide for the establishment, operation and maintenance\nof a joint county probation department. Any probation department so\nestablished shall have charge of all probation work in and for all the\ncourts in said counties. If any such county or court therein included in\nthe agreement shall already have a probation service, such agreement\nshall provide that all officers and employees in such service shall\nretain their civil service status and be transferred to the joint county\nprobation service without further examination or qualification, provided\nhowever that, subject to the civil service law, such agreement may\nprovide for the abolition of existing unnecessary offices or positions\nand the transfer of officers and employees to comparable positions. Any\nsuch agreement shall provide for the proportionate cost, including but\nnot limited to salaries and employer's retirement contributions, of such\njoint county probation service to be borne by each county and may\nprovide that the treasurer of one county participating in such agreement\nshall be the custodian of the moneys made available for expenditure for\nthe purposes of such joint county probation service and that such\ntreasurer may make payments from such moneys for such purposes upon\naudit of the appropriate auditing officer or body of such county. Such\nagreement may provide for such other matters as are necessary and proper\nto effectuate the purposes of this subdivision.\n  4. A probation department established pursuant to this section shall\nconsist of a director of probation and such deputies, supervisors,\nprobation officers and other employees as may be appointed pursuant to\nthe provisions of this section and the provisions of section two hundred\nfifty-seven of this chapter.\n  5. The director of each probation department, other than a joint\ncounty department, shall be appointed by the chief executive officer of\nthe county. The director of a joint county probation department shall be\nappointed by agreement between the chief executive officers of the\ncounties participating in such agreement or a majority of them and in\nthe event of a deadlock the director of the office of probation and\ncorrectional alternatives shall participate in the making of the\ndecision. Where a county has no chief executive officer, the appointment\nof, or agreement to appoint, the director shall be made by the chairman\nof the board of supervisors or county legislatures. The director of a\nprobation department shall have the power to appoint all deputies,\nsupervisors, probation officers and other employees in such

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