256 - Local probation departments.

§ 256. Local  probation  departments. 1. Each county shall maintain or  provide for a probation agency or agencies to perform probation services  therein,  including   intake,   investigation,   pre-sentence   reports,  supervision,  conciliation, social treatment and such other functions as  are assigned to probation agencies pursuant to law.    2. The board of supervisors or county legislatures  of  a  county  may  establish a county probation department in which there may be merged and  consolidated  the responsibility for carrying out the probation work for  all matters under the jurisdiction of the  family  court,  the  superior  courts  and  the  local  criminal  courts  in and for the county. In any  county where the board of supervisors or county  legislatures  does  not  establish  a  probation  department to perform all probation work in the  county, as hereinabove provided, separate probation departments to carry  out the probation work for matters under the jurisdiction of  particular  courts  may  be  established  and  there  may be merged and consolidated  therein the probation work for matters under the jurisdiction of two  or  more  courts.  Any  probation  department  that  does  not  perform  all  probation work in the county shall be known as the probation  department  for the court or courts it is to serve.    3.  Two  or more counties may by agreement between the local governing  bodies thereof provide for the establishment, operation and  maintenance  of  a  joint  county  probation  department. Any probation department so  established shall have charge of all probation work in and for  all  the  courts in said counties. If any such county or court therein included in  the  agreement  shall  already  have a probation service, such agreement  shall provide that all officers and  employees  in  such  service  shall  retain their civil service status and be transferred to the joint county  probation service without further examination or qualification, provided  however  that,  subject  to  the  civil  service law, such agreement may  provide for the abolition of existing unnecessary offices  or  positions  and  the transfer of officers and employees to comparable positions. Any  such agreement shall provide for the proportionate cost,  including  but  not limited to salaries and employer's retirement contributions, of such  joint  county  probation  service  to  be  borne  by each county and may  provide that the treasurer of one county participating in such agreement  shall be the custodian of the moneys made available for expenditure  for  the  purposes  of  such  joint  county  probation  service and that such  treasurer may make payments from such  moneys  for  such  purposes  upon  audit  of  the appropriate auditing officer or body of such county. Such  agreement may provide for such other matters as are necessary and proper  to effectuate the purposes of this subdivision.    4. A probation department established pursuant to this  section  shall  consist  of  a  director  of  probation  and such deputies, supervisors,  probation officers and other employees as may be appointed  pursuant  to  the provisions of this section and the provisions of section two hundred  fifty-seven of this chapter.    5.  The  director  of  each  probation  department, other than a joint  county department, shall be appointed by the chief executive officer  of  the county. The director of a joint county probation department shall be  appointed  by  agreement  between  the  chief  executive officers of the  counties participating in such agreement or a majority of  them  and  in  the  event  of  a  deadlock  the director of the office of probation and  correctional  alternatives  shall  participate  in  the  making  of  the  decision. Where a county has no chief executive officer, the appointment  of,  or agreement to appoint, the director shall be made by the chairman  of the board of supervisors or county legislatures. The  director  of  a  probation  department  shall  have  the  power  to appoint all deputies,  supervisors, probation officers and other employees in  such  departmentwithin   appropriations   made   available  therefor  by  the  board  of  supervisors or county legislatures. The board of supervisors  or  county  legislatures  shall  fix the salaries of all personnel in the department  and  make  the  necessary  appropriations  therefor  as  well as for the  expenses  actually  and  necessarily  incurred  by  such  officers   and  employees  in  the  performance  of their duties. In the case of a joint  county department the salaries of personnel and  the  amounts  of  other  expenditures  to be made available for operation of the department shall  be set forth in the agreement between the counties, and  the  boards  of  supervisors   or  county  legislatures  shall  make  the  appropriations  required for the respective proportionate costs thereof.    6.  (a)  Each  probation  agency  or  department  and  state  operated  probation  services shall provide for intake, investigation, supervision  and conciliation services relating to custody, visitation and  paternity  proceedings  and  may  provide  for such services in support proceedings  under the provisions of articles four,  five,  five-A  and  six  of  the  family court act. For purposes of this subdivision, intake services: (i)  relating  to  support  proceedings  under  article  four and relating to  paternity proceedings under articles five and five-A of the family court  act, shall include referral to the office of  temporary  and  disability  assistance's  child  support enforcement unit in cases where a person is  applying for or receiving public assistance or where a person chooses to  utilize the services of such unit; (ii) relating to support  proceedings  under  article  four  of  the  family  court act, shall include services  rendered to the payors of support orders seeking to modify such orders.    (b) Each probation agency or department is authorized to enter into  a  contract  with  the  appropriate  local social services district for the  performance  of  the  functions  of  the  support  collection  unit,  in  accordance  with  the  provisions of section one hundred eleven-h of the  social services law.    7. The provisions of this section shall not apply to any  county  that  is  located wholly within a city; provided, however, that the provisions  of subdivision six of this section shall apply in  like  manner  to  any  county that is located wholly within a city.