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Senate Bill S5424

2013-2014 Legislative Session

Authorizes counties to impose fees for performing drug tests and utilizing electronic monitoring equipment

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2013-S5424 (ACTIVE) - Details

See Assembly Version of this Bill:
A8093
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง257-c, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5801
2017-2018: A3477
2019-2020: A5799
2021-2022: A6509
2023-2024: A4829

2013-S5424 (ACTIVE) - Summary

Authorizes counties to impose fees for performing drug tests and utilizing electronic monitoring equipment.

2013-S5424 (ACTIVE) - Sponsor Memo

2013-S5424 (ACTIVE) - Bill Text download pdf 

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

                                  5424

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. RITCHIE -- 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, in relation to fees for drug testing
  and electronic monitoring

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

  Section  1. Subdivisions 2, 3, 4, and 5 of section 257-c of the execu-
tive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivi-
sions 2 and 3 are added to read as follows:
  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 AND WHO ARE REQUIRED TO SUBMIT TO DRUG TESTING,
TO PAY THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY OF  SUPER-
VISING  THE  PROBATIONER  AN  ADMINISTRATIVE FEE DETERMINED BY THE LOCAL
PROBATION DEPARTMENT. 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.
  3.  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 AND WHO ARE REQUIRED  TO  SUBMIT  TO  ELECTRONIC
MONITORING,  TO PAY THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBIL-
ITY OF SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE  DETERMINED  BY
THE  LOCAL  PROBATION DEPARTMENT. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-01-3

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