S T A T E O F N E W Y O R K
________________________________________________________________________
5765
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the
Committee on Codes
AN ACT to amend the family court act, the domestic relations law, the
executive law and the penal law, in relation to fees for probation
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 424 of the family court act is amended by adding a
2 new subdivision 4 to read as follows:
3 4. WHEN A LOCAL PROBATION SERVICE PROVIDES SERVICES TO PERSONS ORDERED
4 TO PAY SUPPORT SEEKING TO MODIFY SUCH ORDERS, THE COURT SHALL IMPOSE AN
5 INVESTIGATION REPORT FEE UNLESS A WAIVER IS GRANTED PURSUANT TO SECTION
6 TWO HUNDRED FIFTY-TWO-A OF THIS ACT.
7 S 2. Section 653 of the family court act, as amended by chapter 580 of
8 the laws of 1966, is amended to read as follows:
9 S 653. Rules of court. Rules of court, not inconsistent with any law,
10 may authorize the probation service to interview such persons and obtain
11 such data as will aid the court in determining a habeas corpus or custo-
12 dy proceeding under section six hundred fifty-one OF THIS PART. WHENEV-
13 ER A COURT ORDERS THE PROBATION SERVICE TO INTERVIEW PERSONS AND OBTAIN
14 DATA TO AID THE COURT IN DETERMINING HABEAS CORPUS AND CUSTODY THE COURT
15 SHALL IMPOSE A FEE.
16 S 3. Section 750 of the family court act is amended by adding a new
17 subdivision 3 to read as follows:
18 3. THE COURT SHALL IMPOSE A FEE FOR REPORTS PREPARED PURSUANT TO
19 SUBDIVISIONS ONE AND TWO OF THIS SECTION, UNLESS A WAIVER IS GRANTED DUE
20 TO THE INDIGENCY OF THE YOUTH AND HIS FAMILY.
21 S 4. Subdivision 4 of section 115-d of the domestic relations law, as
22 amended by chapter 230 of the laws of 2004, is amended to read as
23 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09535-01-3
A. 5765 2
1 4. A pre-placement investigation conducted pursuant to the provisions
2 of this section shall be made by a disinterested person who in the opin-
3 ion of the judge or surrogate is qualified by training and experience to
4 examine into the allegations set forth in the application and any other
5 factors which may be relevant to the suitability of the applicant or
6 applicants as a qualified adoptive parent or parents. For the purposes
7 of this section, a disinterested person shall also include a licensed
8 master social worker, licensed clinical social worker, the probation
9 service of the family court or an authorized agency specifically desig-
10 nated by the court to conduct pre-placement investigations. IN ANY
11 INSTANCE WHERE THE PROBATION SERVICE OF THE FAMILY COURT CONDUCTS AN
12 INVESTIGATION THE COURT SHALL IMPOSE A FEE UNLESS A WAIVER IS GRANTED IN
13 ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-TWO-A OF THE FAMILY COURT ACT.
14 S 5. The executive law is amended by adding a new section 246-a to
15 read as follows:
16 S 246-A. REIMBURSEMENT FOR PROBATION SERVICES. 1. A PERSON WHO
17 RECEIVES A SENTENCE OF PROBATION, PURSUANT TO ARTICLE SIXTY-FIVE OF THE
18 PENAL LAW, IS CHARGEABLE WITH REIMBURSEMENT TO THE COUNTY PROBATION
19 SERVICES OR TO THE PROBATION SERVICES OF NEW YORK CITY OF THE COUNTY OR
20 CITY WHICH HAS SUPERVISION OVER SUCH PERSON; PROVIDED HE OR SHE IS OF
21 SUFFICIENT MEANS OR ABLE TO EARN SUCH MEANS. REIMBURSEMENT PAYMENTS OF
22 SUCH REIMBURSEMENT PURSUANT TO THIS SECTION SHALL BE PAYABLE MONTHLY AND
23 SHALL BE A MINIMUM OF SEVENTY-FIVE DOLLARS BUT SHALL NOT EXCEED THAT
24 AMOUNT ACTUALLY EXPENDED FOR PROVISION OF SUCH PROBATION SERVICES BY A
25 COUNTY OR CITY DURING THE PERIOD THE PROBATIONER IS ON PROBATION. THE
26 SENTENCING COURT MAY MODIFY SUCH REIMBURSEMENT PURSUANT TO AN ADJUSTABLE
27 SCALE AS A CONDITION OF PROBATION AFTER CONSIDERATION OF ALL RELEVANT
28 FACTORS, INCLUDING THE PROBATIONER'S:
29 (A) FINANCIAL RESOURCES, ASSETS AND EXPENSES,
30 (B) HEALTH,
31 (C) AGE,
32 (D) CURRENT CHILD SUPPORT AND MAINTENANCE COURT ORDERS,
33 (E) OUTSTANDING COURT ORDERED FINES OR RESTITUTION OR CURRENT INCOME
34 EXECUTIONS OR INCOME DEDUCTION ORDERS, AND
35 (F) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO BE JUST
36 AND PROPER.
37 2. THE SENTENCING COURT SHALL ORDER PAYMENT OF REIMBURSEMENT BY THE
38 PROBATIONER, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, TO THE LOCAL
39 PROBATION SERVICES HAVING SUPERVISION OVER SUCH PERSON.
40 3. FEES ORDERED PAID PURSUANT TO THIS SECTION SHALL BE PAID DIRECTLY
41 TO THE LOCAL PROBATION DEPARTMENT. MONIES COLLECTED SHALL BE RETAINED
42 AND UTILIZED TO ENHANCE LOCAL PROBATION SERVICES, AND SHALL NOT BE
43 CONSIDERED BY THE DIVISION OF PROBATION WHEN DETERMINING STATE AID
44 REIMBURSEMENT PURSUANT TO SECTION TWO HUNDRED FORTY-SIX OF THIS ARTICLE.
45 FEES COLLECTED SHALL NOT BE USED TO REPLACE FEDERAL OR STATE FUNDS
46 OTHERWISE UTILIZED FOR PROBATION SERVICES.
47 S 6. Subdivision 3 of section 65.10 of the penal law, paragraph (b)
48 as amended by section 8 of part D of chapter 56 of the laws of 2010 and
49 paragraph (c) as amended by chapter 270 of the laws of 1980, is amended
50 to read as follows:
51 3. Conditions relating to supervision. When imposing a sentence of
52 probation the court, in addition to any conditions imposed pursuant to
53 subdivision two of this section, shall require as conditions of the
54 sentence, that the defendant:
A. 5765 3
1 (a) Report to a probation officer as directed by the court or the
2 probation officer and permit the probation officer to visit him at his
3 place of abode or elsewhere;
4 (b) Remain within the jurisdiction of the court unless granted permis-
5 sion to leave by the court or the probation officer. Where a defendant
6 is granted permission to move or travel outside the jurisdiction of the
7 court, the defendant shall sign a written waiver of extradition agreeing
8 to waive extradition proceedings where such proceedings are the result
9 of the issuance of a warrant by the court pursuant to subdivision two of
10 section 410.40 of the criminal procedure law based on an alleged
11 violation of probation. Where any county or the city of New York incurs
12 costs associated with the return of any probationer based on the issu-
13 ance of a warrant by the court pursuant to subdivision two of section
14 410.40 of the criminal procedure law, the jurisdiction may collect the
15 reasonable and necessary expenses involved in connection with his or her
16 transport, from the probationer; provided that where the sentence of
17 probation is not revoked pursuant to section 410.70 of the criminal
18 procedure law no such expenses may be collected.
19 (c) Answer all reasonable inquiries by the probation officer and noti-
20 fy the probation officer prior to any change in address or
21 employment[.]; AND
22 (D) PAY A FEE FOR PROBATION SERVICES PURSUANT TO SECTION TWO HUNDRED
23 FORTY-SIX-A OF THE EXECUTIVE LAW.
24 S 7. This act shall take effect on the first of September next
25 succeeding the date on which it shall have become a law.