S T A T E   O F   N E W   Y O R K
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                                  5527

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A. McKEVITT, WALKER, FINCH, ALFANO, McDONOUGH --
  Multi-Sponsored by -- M.  of A. BARRA -- 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:

  Section 1.  Section 424 of the family court act is amended by adding a
new subdivision 4 to read as follows:
  4. WHEN A LOCAL PROBATION SERVICE PROVIDES SERVICES TO PERSONS ORDERED
TO  PAY SUPPORT SEEKING TO MODIFY SUCH ORDERS, THE COURT SHALL IMPOSE AN
INVESTIGATION REPORT FEE UNLESS A WAIVER IS GRANTED PURSUANT TO  SECTION
TWO HUNDRED FIFTY-TWO-A OF THIS ACT.
  S 2. Section 653 of the family court act, as amended by chapter 580 of
the laws of 1966, is amended to read as follows:
  S  653. Rules of court. Rules of court, not inconsistent with any law,
may authorize the probation service to interview such persons and obtain
such data as will aid the court in determining a habeas corpus or custo-
dy proceeding under section six hundred fifty-one OF THIS PART.  WHENEV-
ER A COURT ORDERS THE PROBATION SERVICE TO INTERVIEW PERSONS AND  OBTAIN
DATA TO AID THE COURT IN DETERMINING HABEAS CORPUS AND CUSTODY THE COURT
SHALL IMPOSE A FEE.
  S  3.  Section  750 of the family court act is amended by adding a new
subdivision 3 to read as follows:
  3. THE COURT SHALL IMPOSE A  FEE  FOR  REPORTS  PREPARED  PURSUANT  TO
SUBDIVISIONS ONE AND TWO OF THIS SECTION, UNLESS A WAIVER IS GRANTED DUE
TO THE INDIGENCY OF THE YOUTH AND HIS FAMILY.
  S  4. Subdivision 4 of section 115-d of the domestic relations law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09079-01-9
              

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  4.  A pre-placement investigation conducted pursuant to the provisions
of this section shall be made by a disinterested person who in the opin-
ion of the judge or surrogate is qualified by training and experience to
examine into the allegations set forth in the application and any  other
factors  which  may  be  relevant to the suitability of the applicant or
applicants as a qualified adoptive parent or parents. For  the  purposes
of  this  section,  a disinterested person shall also include a licensed
master social worker, licensed clinical  social  worker,  the  probation
service  of the family court or an authorized agency specifically desig-
nated by the court to conduct  pre-placement  investigations.    IN  ANY
INSTANCE  WHERE  THE  PROBATION  SERVICE OF THE FAMILY COURT CONDUCTS AN
INVESTIGATION THE COURT SHALL IMPOSE A FEE UNLESS A WAIVER IS GRANTED IN
ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-TWO-A OF THE FAMILY COURT ACT.
  S 5. The executive law is amended by adding a  new  section  246-a  to
read as follows:
  S  246-A.  REIMBURSEMENT  FOR  PROBATION  SERVICES.  1.  A  PERSON WHO
RECEIVES A SENTENCE OF PROBATION, PURSUANT TO ARTICLE SIXTY-FIVE OF  THE
PENAL  LAW,  IS  CHARGEABLE  WITH  REIMBURSEMENT TO THE COUNTY PROBATION
SERVICES OR TO THE PROBATION SERVICES OF NEW YORK CITY OF THE COUNTY  OR
CITY  WHICH  HAS  SUPERVISION OVER SUCH PERSON; PROVIDED HE OR SHE IS OF
SUFFICIENT MEANS OR ABLE TO EARN SUCH MEANS. REIMBURSEMENT  PAYMENTS  OF
SUCH REIMBURSEMENT PURSUANT TO THIS SECTION SHALL BE PAYABLE MONTHLY AND
SHALL  BE  A  MINIMUM  OF SEVENTY-FIVE DOLLARS BUT SHALL NOT EXCEED THAT
AMOUNT ACTUALLY EXPENDED FOR PROVISION OF SUCH PROBATION SERVICES  BY  A
COUNTY  OR  CITY DURING THE PERIOD THE PROBATIONER IS ON PROBATION.  THE
SENTENCING COURT MAY MODIFY SUCH REIMBURSEMENT PURSUANT TO AN ADJUSTABLE
SCALE AS A CONDITION OF PROBATION AFTER CONSIDERATION  OF  ALL  RELEVANT
FACTORS, INCLUDING THE PROBATIONER'S:
  (A) FINANCIAL RESOURCES, ASSETS AND EXPENSES,
  (B) HEALTH,
  (C) AGE,
  (D) CURRENT CHILD SUPPORT AND MAINTENANCE COURT ORDERS,
  (E)  OUTSTANDING  COURT ORDERED FINES OR RESTITUTION OR CURRENT INCOME
EXECUTIONS OR INCOME DEDUCTION ORDERS, AND
  (F) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO  BE  JUST
AND PROPER.
  2.  THE  SENTENCING  COURT SHALL ORDER PAYMENT OF REIMBURSEMENT BY THE
PROBATIONER, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, TO  THE  LOCAL
PROBATION SERVICES HAVING SUPERVISION OVER SUCH PERSON.
  3.  FEES  ORDERED PAID PURSUANT TO THIS SECTION SHALL BE PAID DIRECTLY
TO THE LOCAL PROBATION DEPARTMENT. MONIES COLLECTED  SHALL  BE  RETAINED
AND  UTILIZED  TO  ENHANCE  LOCAL  PROBATION  SERVICES, AND SHALL NOT BE
CONSIDERED BY THE DIVISION  OF  PROBATION  WHEN  DETERMINING  STATE  AID
REIMBURSEMENT PURSUANT TO SECTION TWO HUNDRED FORTY-SIX OF THIS ARTICLE.
FEES  COLLECTED  SHALL  NOT  BE  USED  TO REPLACE FEDERAL OR STATE FUNDS
OTHERWISE UTILIZED FOR PROBATION SERVICES.
  S 6. Subdivision 1 of section 247 of the executive law, as amended  by
chapter 134 of the laws of 1985, is amended to read as follows:
  1.  In  any  case  where the number of probation officers required for
service to all courts within a county is not in excess of five officers,
as determined pursuant to standards for probation administration  formu-
lated  by  the director, the chief executive officer of the county, with
the approval of the governing board of  such  county,  may  request  the
division  of  probation  and  correctional  alternatives  to perform all
probation services in such county. The director  may  agree  to  perform
such  services  if sufficient personnel of the division are available to

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perform such services as well as the other services and  duties  of  the
division  or  if  additional personnel can be employed for such services
within amounts appropriated therefor. In the event the  director  is  of
the  opinion  that  the division should perform such services but cannot
supply the personnel therefor, the director may agree  to  perform  such
services  contingent  upon an appropriation being made for such purpose.
After the division has commenced performance of  probation  services  in
the  county,  the  division shall be deemed and held to be the probation
department of the county and the officers of the division  of  probation
and correctional alternatives designated to render probation services in
that  county  shall have all the duties and powers of probation officers
of that county. Such officers  shall  work  under  the  supervision  and
direction of the director of probation and correctional alternatives and
in  cooperation  with  the  court  or  courts that are served. THE LOCAL
DEPARTMENT OF PROBATION MAY CHARGE A FEE FOR THE INVESTIGATION UNDERTAK-
EN UPON A COURT ORDER PURSUANT TO SECTION TWO HUNDRED FIFTY-TWO-A OF THE
FAMILY COURT ACT. The division may discontinue such service at any  time
but  shall  not be required to discontinue such service solely by virtue
of the fact that more  than  five  probation  officers  are  needed  for
performance  of  the  work  at  a  time  that  is subsequent to the time
performance of such services commenced.
  S 7. Subdivision 3 of section 65.10 of the penal law, paragraph (c) as
amended by chapter 270 of the laws  of  1980,  is  amended  to  read  as
follows:
  3.  Conditions  relating  to  supervision. When imposing a sentence of
probation the court, in addition to any conditions imposed  pursuant  to
subdivision  two  of  this  section,  shall require as conditions of the
sentence, that the defendant:
  (a) Report to a probation officer as directed  by  the  court  or  the
probation  officer  and permit the probation officer to visit him at his
place of abode or elsewhere;
  (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)  PAY  A FEE FOR PROBATION SERVICES PURSUANT TO SECTION TWO HUNDRED
FORTY-SIX-A OF THE EXECUTIVE LAW.
  S 8. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.