S T A T E O F N E W Y O R K
________________________________________________________________________
8669
2011-2012 Regular Sessions
I N A S S E M B L Y
October 27, 2011
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Operations
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13573-01-1
A. 8669 2
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.
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.