Office of Probation and Correctional Alternatives (OPCA)
OPCA is committed to improving practices that promote public safety, ensure offender accountability, provide restitution to victims and reduce recidivism. OPCA provides the tools necessary to enable local jurisdictions to make the best use of their staff and programs. The programs funded through OPCA enhance New York's criminal justice and juvenile justice policies and offer specialized services that are supported by research including employment, training, and treatment - all of which substantially contribute to successful and longstanding outcomes.
Proposed state rule changes related to the Raise the Age law
The following regulatory changes have been proposed in as part of New York State's Raise the Age law:
- 9 NYCRR Parts 348, 350, 351, 352, 356 and 359: Pursuant to Executive Law §243(1), Criminal Procedure Law Article 722, and Family Court Act Article 3, the State Division of Criminal Justice Services has issued regulations to reflect services which will be performed by county Probation Departments as a result of the Raise the Age law.
- NYCRR Part 347 (Appendix H-10): Pursuant to Executive Law §§243 (1), and 257 (1) and (6) (a) and (b), (DCJS) has issued regulations regarding job specifications and required knowledge, skills, and abilities for probation professionals employed by localities. The changes to the H-10 regulations are related to Raise the Age in that the revisions will provide counties with greater flexibility in filling new positions needed for Raise the Age based upon the revised qualifications.
The text of the proposed rules and any required statements and analyses may be obtained from Natasha M. Harvin-Locklear, Esq., New York State Division of Criminal Justice Services, Alfred E. Smith Building, 80 South Swan Street, Albany, New York 12210, phone: (518) 457-8413, email: firstname.lastname@example.org. The deadline for public comments is Oct. 8, 2018. Any data, views or arguments should be submitted to Natasha M. Harvin-Locklear, Esq. during that time.
2018-2019 Annual Probation Plans are due to OPCA on or before July 9, 2018.
DCJS has recently submitted proposed rule amendments to 9 NYCRR Part 358, DCJS' rule entitled "Handling of Ignition Interlock Cases Involving Certain Criminal Offenders." Specifically, proposed amendments will amend Sections 358.1-358.3, Section 358.4(a),(c), and (d), Sections 358.5-358.8, and add a new Section 358.10. These amendments are proposed pursuant to Chapter 496 of the Laws of 2009, specifically Vehicle and Traffic Law §§1193(1)(g) and 1198(5)(a). The notice and requisite regulatory documents will be published in the State Register on August 2, 2017. There will be a forty-five (45) day public comment period ending on September 16, 2017 during which data, views or arguments may be submitted via email to Linda.Valenti@dcjs.ny.gov, or by mailing to the following address:
Linda J. Valenti, Esq., Assistant Counsel
New York State Division of Criminal Justice Services
Office of Legal Services
Alfred E. Smith Building, Room 832
80 South Swan Street
Albany, New York 12210
Following please find the Assessment of Public Comments, the Revised Proposed Rule Amendments to Title 9 NYCRR Part 358, “Handling of Ignition Interlock Cases Involving Certain Criminal Offenders” and a Rule Amendment Summary. Please note that there will be a 30 day Public Comment period ending on May 5, 2017. Please direct any Public Comments to: Linda.Valenti@dcjs.ny.gov
2017-2018 Annual Probation Plan and Application and Certification Applications are due to OPCA on or before April 28, 2017.
- 2014 OP 30 Verified Data document
- 2014 OP 30 Summary document
- 2014 OP 30A Verified document
- 2014 OP 30A Summary document
- 2015 OP 30 Verified Data document
- 2015 OP 30 Summary document
- 2015 OP 30A Verified Data document
- 2015 OP 30A Summary document
Following please find the Proposed Rule Amendments to Title 9 NYCRR Part 358, “Handling of Ignition Interlock Cases Involving Certain Criminal Offenders” and a Rule Amendment Summary. Please note that there will be a 45 day Public Comment period ending on August 6, 2016. Please direct any Public Comments to: Linda.Valenti@dcjs.ny.gov
State Director's Memorandum #2015-6 Probation Practitioner Handbook for the Management of the DWI Offender
- State Director's Memorandum #2015-5 NYCOMPAS Guidance
- Attachement 1 - 2015-5 NYCOMPAS Guidance August 4, 2015
- May 12, 2015
- "Leandra's Law" Implementation - 2014 Annual Report - Issued May 12, 2015:
- March 12, 2015
- 2015-2016 Annual Probation Plan and Application. Applications are due to OPCA on or before April 13, 2015.
- December 16, 2014
- State Director's Memorandum #2014-6 – "2014 Semi-Annual Leandra's Law Status Report" – Issued November 26, 2014
Attachment – IID Total Program Report thru September 2014
- December 16, 2014August 28,2014
- State Director's Memorandum #2014-4 – "DWI Risk and Need Assessments" – Issued August 26, 2014
Attachment – 2014 Summary of Alcohol-Related Risk Assessment Instruments
- August 20, 2014
State Director’s Memorandum #2014-3 – “Statewide Probation Restitution and Financial Obligations Survey and Report 2010-2013/Updated Results”– Issued August 20, 2014
Attachment - Financial Obligations 2010-2013
- July 9, 2014
- In February of 2014, Chief Judge Jonathan Lippman of the Court of Appeals outlined in the Annual State of the Judiciary Address , a “Comprehensive Plan for DWI Cases”. The plan called for specialized training for superior and city court judges who would handle DWI cases in their counties. In the Spring of 2014, The Office of Court Administration—Office of the Chief of Strategic Planning organized three regional trainings that were held in Brooklyn, Albany and Rochester, where more than 250 judges were trained in all aspects of the DWI case. OCA requested that DCJS Deputy Commissioner and Director Robert M. Maccarone provide training on the Role of Probation in managing the DWI offender under supervision. The presentation helped to illustrate to those judges present the extremely important role that probation officer play in the supervision of DWI offenders and in maintaining highway and community safety.
- July 1, 2014
- Assessment of Pretrial Services in New York State – July 1, 2014 - The New York Association of Pretrial Service Agencies (NYAPSA) collaborated with the United States Department of Justice - Bureau of Justice Assistance to conduct this study which included a survey of probation, pretrial service programs, and judges, and holding three regional focus groups. The Office of Court Administration assisted with the review of the survey and its distribution to Judges. The DCJS Office of Probation and Correctional Alternatives provided support and technical assistance to this project and the Office of Justice Research and Performance provided technical assistance in reviewing the initial survey design.
- April 14, 2014
- State Director's Memorandum #2014-2 – "Leandra's Law" — Reform and Ignition Interlock Program Plan Updates – Issued April 14, 2014
- Attachment 1 – County IID Plan Template
- Attachment 2 – Chapter 169 of the Laws of 2013 – Leandra’s Law Reform
- Attachment 3 – NYS IID Program Inception to Date (August 15, 2010-December 31, 2013)
- March 11, 2014
- 2014-2015 Probation Plan and Application. Applications are due to OPCA on or before April 25, 2014.
- February 25, 2014
- 2013 Year End Training Report
- December 23, 2013
- State Director's Memorandum #2013-16 – "Notice of Adoption/Rulemaking – Amendments to Part 348 of Title 9 NYCRR" – Issued December 23, 2013 – Effective January 8, 2014. (Attachment – Rule Text)
- July 23, 2013
- DCJS submitted a Notice of Proposed Rulemaking with respect to amendments of 9 NYCRR Part 348, DCJS’s Probation Case Record Management Rule (See proposed rule text). These proposed changes in this area are consistent with good professional practice and are in the best interest of the state and local government since they address and optimize public and victim safety, promote great offender accountability, facilitate better communication by probation departments, clarify certain constraints in law, and establish appropriate safeguards to guarantee more uniform application. Formal notice, along with a summary and other pertinent documents will appear in the State Register on August 7th and there will be a 45 day public comment period. Any public comments should be submitted no later than Monday, September 23, 2013 to DCJS Assistant Counsel Linda J. Valenti at DCJS, Alfred E. Smith Office Building, 80 South Swan Street, 8th Floor, Albany, NY 12210 or to her email address, email@example.com
- July 19, 2013
- NEW – Save The Dates – Bidder’s conferences to be held regarding Alternatives To Incarceration - 2013-14 Competitive Requests for Proposals (RFP) Scheduled to be released week of July 22, 2013
- June 28, 2013
- Amendments to Request for Applications CJS 2012-03: Provision of Ignition Interlock Services in New York State
- May 24, 2013
- Statewide Probation Restitution and Financial Obligations Survey - 2011, 2012 and First Quarter of 2013
Attachment - Probation Restitution and Financial Obligation 11-12-13 YTD
Attached please find the results of the Statewide Probation Restitution and Financial Obligations Survey, which includes local and statewide totals of restitution, DWI supervision fees, court-ordered fines, penalties, fees, and surcharges collected by probation departments for 2011, 2012 and the First Quarter of 2013. Local Probation Departments in New York State and several designated agencies collected nearly $5M in victim restitution, over $1.4M in DWI supervision fees, and nearly $1M in court-ordered fees, fines, and penalties during the period January 1 to March 31, 2013.
- May 20, 2013
- State Director's Memo #2013-10 - “Roadside Stop - Probation/Parole Inquiry Response Program” - Issued May 20, 2013
- May 13, 2013
- DCJS presentation provided to The New York Association of Drinking Driver Programs on May 9, 2013 in Saratoga, New York.
- State Director's Memo #2013-8 - "Leandra’s Law" - Status Report on Implementation – Issued May 10, 2013
- Attachment 1 - IID Monitors’ Quarterly Report- January 1, 2013 - March 31, 2013
- Attachment 2 - NYS YTD IID Monitors’ Report August 15, 2010 - March 31, 2013
- Attachment 3 - Vendor Report Summary August 15, 2010 - January 31, 2013
- Attachment 4 - IID Negative Events/Failed Tests Counts by County – January/February 2013 YTD
- Attachment 5 - IID Negative Event Counts by Vendor – January/February 2013 YTD
- Attachment 6 - Aggravated DWI Child Cases - December 18, 2009 - March 20, 2013
- April 26, 2013
- ATI Programs continue to provide critical services to New York State's criminal justice system by providing cost-effective programs that reduce unnecessary reliance on local and state incarceration, reduce recidivism, promote public safety and assist individuals change their lives to become productive residents of our State. Highlights of the 2012 Reports include:
- Community Service Programs (37) report that 84.6% of participants successfully complete the service.
- Pretrial Services Programs (44) report 31,066 releases with an overall Failure to Appear Rate of 2.8%.
- Defender-Based Advocacy Programs (11) prepared 2,256 individualized client-specific plans and 2,045 were accepted by the Courts.
- Specialized Drug and Alcohol Service Programs (46) report 9,876 individuals placed in programs with 70.9% completing.
- TASC Model Programs (15) report 5,406 placements and 3,481 successful completions.
- April 15, 2013
- DCJS presentation provided to Alternatives-to-Incarceration (ATI) community on April 11, 2013 in New York City.
- March 25, 2013
- 2013-2014 Probation Plan and Application. Applications are due to OPCA on or before May 6th, 2013.
- March 25, 2013
- 2012 Alternatives to Incarceration Annual Report
- March 21, 2013
- NEW YORK STATE “LEANDRA’S LAW” ADVISORY #2013-1 - Probation and Monitors of Ignition Interlock Devices – Reporting back to the Court and District Attorney
- March 19, 2013
- Ready, Set, Work! 2012 information is now available. 486 individuals under probation supervision, in ATI or Probation Violation Residential Center programs completed this job readiness curriculum last year. 264 of the Ready, Set, Work! enrollees obtained employment within 90 days for an employment rate of 54%. Read More »
- January 29, 2013
- State Directors Memo 2013-3 - Chapter 491 of the Laws of 2012–New Domestic Violence Laws
- State Directors Memo 2013-2 - Probation Guidance for Sex Offenders Discharged from Supervision
- State Directors Memo 2013-1 - YASI Reports & Opportunity
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