Assembly Bill A3356

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3356

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. BRADLEY, GALEF, PAULIN, SPANO -- Multi-Sponsored
  by -- M. of A.  ALFANO, BARRA -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the executive law, in relation to the payment of  a  fee
  for  polygraph  and related services by persons sentenced to probation
  following convictions for sex offense crimes; and to amend  the  penal
  law,  in  relation  to  conditions  of  probation  and  of conditional
  discharge

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 246-a
to read as follows:
  S 246-A. PAYMENT OF REIMBURSEMENT FOR POLYGRAPH SERVICES IN THE COUNTY
OF WESTCHESTER; SEX OFFENSE CRIMES. 1. THE COMMISSIONER OF THE WESTCHES-
TER COUNTY DEPARTMENT OF PROBATION MAY REQUIRE A PERSON WHO  RECEIVES  A
SENTENCE  OF  PROBATION  PURSUANT TO ARTICLE SIXTY-FIVE OF THE PENAL LAW
FOLLOWING A CONVICTION FOR A CRIME OF SEXUAL ASSAULT TO  PAY  REIMBURSE-
MENT  FOR  THE  EXPENSES  RELATED  TO  CONDUCTING POLYGRAPHS AND RELATED
SERVICES AS A PART OF A SEXUAL OFFENDER TREATMENT PROGRAM; PROVIDED THAT
HE OR SHE IS OF SUFFICIENT MEANS OR ABLE TO EARN SUCH MEANS.  REIMBURSE-
MENT  PAYMENTS  MADE  PURSUANT  TO  THIS SECTION SHALL BE CALCULATED AND
PAYABLE MONTHLY AND SHALL NOT EXCEED THE ACTUAL EXPENSE INCURRED BY  THE
WESTCHESTER  COUNTY DEPARTMENT OF PROBATION IN CONDUCTING SUCH POLYGRAPH
AND RELATED SERVICES. THE COMMISSIONER OF THE WESTCHESTER COUNTY DEPART-
MENT OF PROBATION MAY MAKE PAYMENT OF SUCH REIMBURSEMENT  OR  A  PORTION
THEREOF A CONDITION OF PROBATION, OR MAY DISPENSE WITH ANY SUCH PAYMENT,
AFTER   CONSIDERATION   OF   ALL   RELEVANT   FACTORS,   INCLUDING   THE
PROBATIONER'S:
  (A) FINANCIAL RESOURCES, ASSETS AND EXPENSES;
  (B) HEALTH;
  (C) AGE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03291-01-9
              

A. 3356                             2

  (D) CURRENT CHILD SUPPORT AND MAINTENANCE COURT ORDERS;
  (E)  OUTSTANDING  COURT ORDERED FINES OR RESTITUTION OR CURRENT INCOME
EXECUTIONS OR INCOME DEDUCTIONS; AND
  (F) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO  BE  JUST
AND PROPER.
  2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "SEXUAL ASSAULT" MEANS
AN OFFENSE  DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY  OR  TWO  HUNDRED
SIXTY-THREE,  OR  IN  SECTION 255.25, OF THE PENAL LAW, OR AN ATTEMPT TO
COMMIT ANY OF THE FOREGOING OFFENSES.
  3. THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10 OF THE CRIMINAL
PROCEDURE LAW SHALL GOVERN FOR THE PURPOSES OF COLLECTION OF SUCH FEE.
  4. THE PROBATION ADMINISTRATIVE FEE AUTHORIZED BY THIS  CHAPTER  SHALL
NOT BE IMPOSED WHEN PAYMENT AUTHORIZED BY THIS SECTION IS IMPOSED.
  5.  IN  THE  EVENT  OF NON-PAYMENT OF ANY REIMBURSEMENT PAYMENTS WHICH
HAVE NOT BEEN WAIVED BY THE WESTCHESTER COUNTY DEPARTMENT OF  PROBATION,
PAYMENT  MAY BE SOUGHT BY ENFORCEMENT IN ANY MANNER PERMITTED BY LAW FOR
ENFORCEMENT OF A DEBT.
  6. MONIES COLLECTED PURSUANT TO THIS SECTION  SHALL  BE  UTILIZED  FOR
PROBATION  SERVICES  BY  THE WESTCHESTER COUNTY DEPARTMENT OF PROBATION.
SUCH MONEYS SHALL NOT BE CONSIDERED BY THE  DIVISION  OF  PROBATION  AND
CORRECTIONAL  ALTERNATIVES  WHEN  DETERMINING  STATE  AID  REIMBURSEMENT
PURSUANT TO SECTION  TWO  HUNDRED  FORTY-SIX  OF  THIS  ARTICLE.  MONIES
COLLECTED  PURSUANT TO THIS SECTION SHALL NOT BE USED TO REPLACE FEDERAL
FUNDS OTHERWISE UTILIZED FOR PROBATION SERVICES.
  S 2. Paragraphs (b) and (c) of subdivision 3 of section 65.10  of  the
penal  law, paragraph (c) as amended by chapter 270 of the laws of 1980,
are amended and a new paragraph (d) is added to read as follows:
  (b) Remain within the jurisdiction of the court unless granted permis-
sion to leave by the court or the probation officer; [and]
  (c) Answer all reasonable inquiries by the probation officer and noti-
fy  the  probation  officer  prior  to  any   change   in   address   or
employment[.]; AND
  (D)  IN  THE  COUNTY  OF WESTCHESTER, PAY A FEE FOR POLYGRAPH SERVICES
PURSUANT TO SECTION TWO HUNDRED FORTY-SIX-A OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately.