Bill Text: NY S06561 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the adoption of a local law requiring certain individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsibility of supervising the probationer an administrative fee of up to twenty dollars per month.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06561 Detail]

Download: New_York-2011-S06561-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6561
                                   I N  S E N A T E
                                   February 27, 2012
                                      ___________
       Introduced  by  Sens.  DeFRANCISCO,  JOHNSON,  LARKIN,  MARTINS, O'MARA,
         RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
         ed to be committed to  the  Committee  on  Crime  Victims,  Crime  and
         Correction
       AN  ACT  to  amend  the  executive  law,  in relation to authorizing the
         adoption of a local law requiring certain individuals currently  serv-
         ing or who shall be sentenced to a period of probation upon conviction
         of  any crime to pay the local probation department with the responsi-
         bility of supervising the probationer an administrative fee of  up  to
         twenty dollars per month
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 257-c of the executive law, as added by chapter  55
    2  of the laws of 1992, subdivision 5 as amended by section 58 of part A of
    3  chapter 56 of the laws of 2010, is amended to read as follows:
    4    S 257-c. Probation  administrative  fee.  1. Notwithstanding any other
    5  provision of law, every county and the city of New  York,  may  adopt  a
    6  local  law  requiring  individuals  currently  serving  or  who shall be
    7  sentenced to a period of probation upon conviction of  any  crime  under
    8  article  thirty-one  of  the vehicle and traffic law to pay to the local
    9  probation department with the responsibility of supervising  the  proba-
   10  tioner an administrative fee of thirty dollars per month. The department
   11  shall  waive  all or part of such fee where, because of the indigence of
   12  the offender, the payment of said surcharge would work  an  unreasonable
   13  hardship  on  the  person convicted, his or her immediate family, or any
   14  other person who is dependent on such person for financial support.
   15    2. 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, EXCEPT THOSE UNDER ARTICLE THIRTY-ONE OF THE
   19  VEHICLE AND TRAFFIC LAW, TO PAY THE LOCAL PROBATION DEPARTMENT WITH  THE
   20  RESPONSIBILITY  OF  SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE OF
   21  UP TO TWENTY DOLLARS PER MONTH. THE DEPARTMENT SHALL WAIVE ALL  OR  PART
   22  OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE PAYMENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13573-01-1
       S. 6561                             2
    1  OF  SAID  SURCHARGE  WOULD  WORK  AN UNREASONABLE HARDSHIP ON THE PERSON
    2  CONVICTED, HIS OR HER IMMEDIATE FAMILY,  OR  ANY  OTHER  PERSON  WHO  IS
    3  DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
    4    3. The provisions of subdivision six of section 420.10 of the criminal
    5  procedure law shall govern for purposes of collection of the administra-
    6  tive fee.
    7    [3.]  4.  The  probation administrative fee authorized by this section
    8  shall not constitute nor be imposed as a condition of probation.
    9    [4.] 5. In the event of non-payment of any fees which  have  not  been
   10  waived  by the local probation department, the county or the city of New
   11  York may seek to enforce payment in any  manner  permitted  by  law  for
   12  enforcement of a debt.
   13    [5.]  6.  Monies  collected pursuant to this section shall be utilized
   14  for probation services by the local probation  department.  Such  moneys
   15  shall  not  be  considered  by  the  division when determining state aid
   16  pursuant to section two hundred forty-six of the executive  law.  Monies
   17  collected  shall not be used to replace federal funds otherwise utilized
   18  for probation services.
   19    S 2. This act shall take effect immediately; provided that the  amend-
   20  ments  to section 257-c of the executive law made by section one of this
   21  act shall not affect the expiration of such  section  and  shall  expire
   22  therewith.