Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to crime victims, crime and correction |
Apr 27, 2009 |
referred to crime victims, crime and correction |
Senate Bill S5334
2009-2010 Legislative Session
Sponsored By
(R, C, Ind, WF) Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5334 (ACTIVE) - Details
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Executive Law
- Laws Affected:
- Add §246-a, Exec L; amd §65.10, Pen L
2009-S5334 (ACTIVE) - Summary
Allows imposition of a fee upon persons sentenced to probation who are of sufficient means or able to earn such means; provides that such reimbursement shall be payable monthly and shall not exceed an amount actually expended for such probation services; provides for an adjustable scale of reimbursement.
2009-S5334 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5334 TITLE OF BILL : An act to amend the executive law and the penal law, in relation to payment of a fee by persons sentenced to probation PURPOSE : This bill provides that, subject to a court order, non-indigent criminals sentenced to probation shall reimburse a County or city the actual cost of their supervision during their probationary period. SUMMARY OF PROVISIONS : This bill amends the Executive Law by adding Section 246-a authorizing the sentencing court to make financial reimbursements by the probationer a condition of such probation. Those failing to make such reimbursement or payment of fees could have their probation revoked and face being returned to jail. Relevant facts as to the probationer's financial position or legal commitments, age and health would be considered by the court in assessing the monetary reimbursement fee. JUSTIFICATION : It is estimated that enactment of this bill would reduce the tax burden of innocent, law abiding citizens by millions of dollars. For example, it is estimated that Nassau county alone could reduce the burden to its citizens by $3 to $4 million annually. This bill would
2009-S5334 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5334 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. MORAHAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law and the penal law, in relation to payment of a fee by persons sentenced to probation 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. REIMBURSEMENT FOR PROBATION SERVICES. 1. A COUNTY PROBATION SERVICES OR THE PROBATION SERVICES OF NEW YORK CITY, AT LOCAL OPTION, MAY MAKE A PERSON WHO RECEIVES A SENTENCE OF PROBATION PURSUANT TO ARTI- CLE SIXTY-FIVE OF THE PENAL LAW CHARGEABLE WITH REIMBURSEMENT TO SUCH COUNTY PROBATION SERVICES OR TO SUCH PROBATION SERVICES OF NEW YORK CITY HAVING 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 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 MAKE REIMBURSEMENT PURSUANT TO AN ADJUSTABLE SCALE A CONDITION OF PROBATION IN SUCH COUNTY OR CITY 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11531-01-9
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