senate Bill S6561

Authorizes the adoption of a local law requiring certain individuals to pay the local probation department an administrative fee of up to twenty dollars per month

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Feb / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 15 / May / 2012
    • 1ST REPORT CAL.807
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A8669
Versions:
S6561
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยง257-c, Exec L

Sponsor Memo

BILL NUMBER:S6561

TITLE OF BILL:

An act to amend the executive law, in relation to authorizing 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

PURPOSE:

This bill will provide county probation departments with assistance in
providing costly probationary services.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 257-c of the executive law as it
relates to authorizing counties to imposed an administrative fee of up
to twenty dollars per month for persons serving probation for any crime.

Section 2 relates to the effective date.

JUSTIFICATION:

Currently, probation departments may out into collecting an administra-
tive fee of thirty dollars per month for the supervision of persons
convicted of drinking while driving crimes. The admin- istrative fee
recoups costs associated with the supervision of probationers. Probation
is a costly service that is provided by the county and is mandated by
state law. This bill would authorize county government to set an admin-
istrative fee of up to twenty dollars for all other crimes that a person
is on probation for. This will relieve the financial burden of providing
supervision to Probationers.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None, but there will be cost savings to the local county probation
departments.

EFFECTIVE DATE:

This act shall take effect immediately; provided that the amendments to
section 257-c of the executive law made by section one of this act shall
not affect the expiration of such section and shall expire therewith.

view bill text
                    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:

  Section 1. Section 257-c of the executive law, as added by chapter  55
of the laws of 1992, subdivision 5 as amended by section 58 of part A of
chapter 56 of the laws of 2010, is amended to read as follows:
  S 257-c. Probation  administrative  fee.  1. Notwithstanding any other
provision of law, every county and the city of New  York,  may  adopt  a
local  law  requiring  individuals  currently  serving  or  who shall be
sentenced to a period of probation upon conviction of  any  crime  under
article  thirty-one  of  the vehicle and traffic law to pay to the local
probation department with the responsibility of supervising  the  proba-
tioner an administrative fee of thirty dollars per month. The department
shall  waive  all or part of such fee where, because of the indigence of
the offender, the payment of said surcharge would work  an  unreasonable
hardship  on  the  person convicted, his or her immediate family, or any
other person who is dependent on such person for financial support.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY  COUNTY  AND  THE
CITY  OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS CURRENTLY
SERVING OR WHO  SHALL  BE  SENTENCED  TO  A  PERIOD  OF  PROBATION  UPON
CONVICTION  OF  ANY  CRIME, EXCEPT THOSE UNDER ARTICLE THIRTY-ONE OF THE
VEHICLE AND TRAFFIC LAW, TO PAY THE LOCAL PROBATION DEPARTMENT WITH  THE
RESPONSIBILITY  OF  SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE OF
UP TO TWENTY DOLLARS PER MONTH. THE DEPARTMENT SHALL WAIVE ALL  OR  PART
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

OF  SAID  SURCHARGE  WOULD  WORK  AN UNREASONABLE HARDSHIP ON THE PERSON
CONVICTED, HIS OR HER IMMEDIATE FAMILY,  OR  ANY  OTHER  PERSON  WHO  IS
DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  3. The provisions of subdivision six of section 420.10 of the criminal
procedure law shall govern for purposes of collection of the administra-
tive fee.
  [3.]  4.  The  probation administrative fee authorized by this section
shall not constitute nor be imposed as a condition of probation.
  [4.] 5. In the event of non-payment of any fees which  have  not  been
waived  by the local probation department, the county or the city of New
York may seek to enforce payment in any  manner  permitted  by  law  for
enforcement of a debt.
  [5.]  6.  Monies  collected pursuant to this section shall be utilized
for probation services by the local probation  department.  Such  moneys
shall  not  be  considered  by  the  division when determining state aid
pursuant to section two hundred forty-six of the executive  law.  Monies
collected  shall not be used to replace federal funds otherwise utilized
for probation services.
  S 2. This act shall take effect immediately; provided that the  amend-
ments  to section 257-c of the executive law made by section one of this
act shall not affect the expiration of such  section  and  shall  expire
therewith.

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