Bill Text: NY A08093 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes counties to impose fees for performing drug tests and utilizing electronic monitoring equipment.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-06-02 - held for consideration in correction [A08093 Detail]

Download: New_York-2013-A08093-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8093
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 18, 2013
                                      ___________
       Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
         tee on Correction
       AN ACT to amend the executive law, in relation to fees for drug  testing
         and electronic monitoring
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 2, 3, 4, and 5 of section 257-c of the  execu-
    2  tive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivi-
    3  sions 2 and 3 are added to read as follows:
    4    2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, EVERY COUNTY AND THE
    5  CITY OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS  CURRENTLY
    6  SERVING  OR  WHO  SHALL  BE  SENTENCED  TO    A PERIOD OF PROBATION UPON
    7  CONVICTION OF ANY CRIME AND WHO ARE REQUIRED TO SUBMIT TO DRUG  TESTING,
    8  TO  PAY THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY OF SUPER-
    9  VISING THE PROBATIONER AN ADMINISTRATIVE FEE  DETERMINED  BY  THE  LOCAL
   10  PROBATION DEPARTMENT. THE DEPARTMENT SHALL WAIVE ALL OR PART OF SUCH FEE
   11  WHERE,  BECAUSE  OF  THE  INDIGENCE OF THE OFFENDER, THE PAYMENT OF SAID
   12  SURCHARGE WOULD WORK AN UNREASONABLE HARDSHIP ON THE  PERSON  CONVICTED,
   13  HIS  OR  HER  IMMEDIATE  FAMILY, OR ANY OTHER PERSON WHO IS DEPENDENT ON
   14  SUCH PERSON FOR FINANCIAL SUPPORT.
   15    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY  COUNTY  AND  THE
   16  CITY  OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS CURRENTLY
   17  SERVING OR WHO  SHALL  BE  SENTENCED  TO  A  PERIOD  OF  PROBATION  UPON
   18  CONVICTION  OF  ANY  CRIME  AND WHO ARE REQUIRED TO SUBMIT TO ELECTRONIC
   19  MONITORING, TO PAY THE LOCAL PROBATION DEPARTMENT WITH THE  RESPONSIBIL-
   20  ITY  OF  SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE DETERMINED BY
   21  THE LOCAL PROBATION DEPARTMENT. THE DEPARTMENT SHALL WAIVE ALL  OR  PART
   22  OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE PAYMENT
   23  OF  SAID  SURCHARGE  WOULD  WORK  AN UNREASONABLE HARDSHIP ON THE PERSON
   24  CONVICTED, HIS OR HER IMMEDIATE FAMILY,  OR  ANY  OTHER  PERSON  WHO  IS
   25  DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10608-01-3
       A. 8093                             2
    1    S  2.  This act shall take effect immediately; provided the amendments
    2  to section 257-c of the executive law made by section one  of  this  act
    3  shall  not  affect the expiration of such section and shall be deemed to
    4  expire therewith.