COMMUNITY SERVICE STANDARDS NY DCJSFOREWORDThese Standards for Community Service are based upon the laws of New York State, which authorize the use of community service as a sanction for certain offenders in conjunction with specific dispositions imposed by a criminal court. While such a condition can be imposed by the family court, due to  different issues and concerns, these Standards focus on handling of community service within the criminal justice system. These Standards serve to update the Division of Probation and Correctional Alternatives DPCA 1. There is considerable flexibility to recognize legitimate variations for local needs and circumstances. During Governor George Patakis Administration, new laws governing community service have been enacted which have increased use of community service as an alternative to incarceration and recognized its benefit and cost effectiveness to communities across the State. TeenCourtSlider-new.jpg' alt='Court Referral Community Service Program' title='Court Referral Community Service Program' />Chapter 1 Administrative Matters, Rules 119 of the Trial Court Rules. Lawyer Referral and Information Service The Trusted Source For Your Legal Needs. Our research has found that some community service programs nationwide partner with other governmental entities, businesses, and not for profit organizations to provide community service as a means of collecting revenues which are earmarked for restitution, child support, fines, wages, and to offset programmatic operations. There are currently some programs in New York State and elsewhere in the nation which charge offenders a participant fee and some programs outside of the State impose a worksite fee via a contractual agreement. Such initiatives need to be carefully designed with input from legal, fiscal, executive, andor legislative officials, to satisfactorily address tax implications and employeremployee relationship issues consistent with applicable laws, not interfere with offender financial obligations, and ensure designation of revenue streams andor special accounts which will identify monies generated to achieve their underlying purpose. We at DPCA believe that Community Service programming is consistent with the principles of restorative justice. It provides a positive means to repair property or offer other services of value andor significance to victims, whether individual or the community at large. American Pie Beta House Deleted Scenes more. Further, it enables offenders to achieve a better understanding of how their actions impact the community, be held accountable for their offense, and learn pro social behavior. I encourage public officials, the judiciary, and community  service programs to collaborate with one another and develop greater opportunities for community service to contribute in addressing community and individual victim needs, enhance program resources, and promote offender reintegration. TABLE OF CONTENTSNYS Office of Probation and Correctional Alternatives REGULATORY AUTHORITYSTATUTORY PROVISIONS WITH RESPECT TO COMMUNITY SERVICENYS Criminal Procedure Law. NYS Environmental Conservation Law. NYS Executive Law Human Rights Law. NYS General Municipal Law. NYS Labor Law. NYS Parks, Recreation and Historic Preservation Law. NYS Penal Law. NYS Vehicle and Traffic Law. NYS Workers Compensation Law. APPLICABILITYPROGRAM GOALPROGRAM OBJECTIVESPROCEDURAL STANDARDSEligibility Criteria. Participant Selection Process. The Community Service Order. Intake. Participant Placement. Compliance Monitoring. Client Monitoring. Case Closings. ADMINISTRATIVE STANDARDSGeneral. Data Collection and Reporting. Training. Public Information. Revision of Standards. I. NYS Office of Probation and Correctional Alternatives REGULATORY AUTHORITY Section 2. Executive Law authorizes the State Director of Probation and Correctional Alternatives to exercise general supervision over probation departments and correctional alternative programs throughout the state. The Director further exercises general supervision over the administration and implementation of alternative to incarceration ATI service plans under the provisions of Article 1. Professional association for attorneys, providing services for members and the public. Court Referral Community Service Program' title='Court Referral Community Service Program' />A of the Executive Law. Eligible programs are defined under Section 2. The State Director is authorized to adopt general rules and regulations to regulate methods and procedures in the administration and funding of local probation departments and ATI programs. Such adopted rules and regulations are binding upon all counties, departments, and eligible programs that may be funded in any alternative to incarceration service plan and have the force and effect of law. As a result of the authority given to the State Director, the state maintains a statewide oversight system for local community service programs funded by the Division. The states regulatory responsibilities include, but are not limited to a. II. STATUTORY PROVISIONS WITH RESPECT TO COMMUNITY SERVICE Various statutory provisions promote and authorize imposition of community service as a condition of a community corrections release, yet establish other legal parameters, prerequisites, and limitations governing authority to impose such conditions. NYS Criminal Procedure Law. Section 1. 70. 5. Authorizes criminal courts to require as a condition of an adjournment in contemplation of dismissal ACD that a consenting defendant perform services for a public or not for profit corporation, association, institution or agency. Section 3. 90. 3. Authorizes community service as a condition of interim probation supervision subject to the terms contained in Section 6. Penal Law. NYS Environmental Conservation Law. Section 3 0. 30. Requires the Commissioner of the Department of Environmental Conservation to cooperate with the Division of Probation and Correctional Alternatives DPCA by identifying worksites where persons performing community service as part of a criminal disposition may be assigned. NYS Executive Law. Article 1. 3 A Section 2. Recognizes community service as an eligible program for any alternative to incarceration service plan submitted by a jurisdiction for DPCA approval and that programs may place persons performing such service at worksites identified by both agencies. Asus Eee Pc 1025C Hotkey Driver'>Asus Eee Pc 1025C Hotkey Driver. Article 1. 5 Human Rights Law    Every community service program must adhere to Article 1. Executive Law known as the Human Rights Law and shall not discriminate against any employee, applicant for employment, or individual participant becauseon the basis of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. NYS General Municipal Law. Section 5. 2 Establishes that each city and county may purchase liability insurance with such limits as it may deem reasonable for the purpose of protecting its officers and employees against liability for claims arising from their acts while exercising or performing or in good faith purporting to exercise or perform their powers and duties. Further, recognizes that persons performing community service pursuant to Section 1. Criminal Procedure Law or Section 6. Penal Law shall be deemed to be employees for purposes of such liability insurance. NYS Labor Law Section 1. Prohibits 1. 6 or 1. Education Law, except in narrow circumstances or in violation of any employment certificate or permit which must be issued in accordance with the Education Law. When school attendance is not required, such youth may perform casual employment consisting of yard work and household chores in and about a residence or the premises of a non profit, non commercial organization, not involving the use of power driven machinery other than power driven machinery ordinarily used in such yard work or household chores.