NY State Senate Bill 2009-S5334

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Apr 27, 2009	referred to crime victims, crime and correction

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

place the cost of probationary service where it belongs upon criminals
who by their illegal acts are constantly piling extraordinary costs
upon the shoulders of the innocent taxpayer. The Nassau County
Probation Department supervised some 14,000 individuals last year.
Typically, a probation sentence covers one to five years and includes
meetings with probation officers and visits to home and/or places of
work of the probationer. The department also provides many free
services to criminals on probation, including drug and alcohol
rehabilitation, vocational guidance and job placement.  Those who
violate the law should be made to shoulder the cost of their
probationary service. In addition, the amount of money saved by
taxpayers could be used to expand probationary services and develop a
viable rehabilitation program in an attempt to prevent recidivism.

 LEGISLATIVE HISTORY
2008-07:  S.5066  Referred to Crime Victims, Crime and Correction
2005-06:  S.4354  Referred to Crime Victims, Crime and Correction
2003-04:  Referred to Crime Victims Crime and Corrections
2002:     S.1110  Passed Senate

 FISCAL IMPLICATIONS :
Any anticipated costs incurred by this program is expected to be
offset by the revenue generated by reimbursement collections.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

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

S. 5334                             2

  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.
  S  2.  Subdivision  3  of section 65.10 of the penal law is amended by
adding a new paragraph (d) to read as follows:
  (D) PAY A FEE FOR PROBATION SERVICES PURSUANT TO SECTION  TWO  HUNDRED
FORTY-SIX-A OF THE EXECUTIVE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2009-S5334 (ACTIVE) - Details

2009-S5334 (ACTIVE) - Summary

2009-S5334 (ACTIVE) - Sponsor Memo

2009-S5334 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2009-S5334 (ACTIVE) - Details

2009-S5334 (ACTIVE) - Summary

2009-S5334 (ACTIVE) - Sponsor Memo

2009-S5334 (ACTIVE) - Bill Text download pdf

Comments