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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 reported and committed to finance
Jan 08, 2014 referred to crime victims, crime and correction
Jun 04, 2013 reported and committed to finance
May 16, 2013 referred to crime victims, crime and correction

Votes

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Mar 26, 2014 - Crime Victims, Crime and Correction committee Vote

S5424
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 26, 2014

nay (1)
aye wr (2)

Jun 4, 2013 - Crime Victims, Crime and Correction committee Vote

S5424
9
0
committee
9
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jun 4, 2013

S5424 - Bill Details

See Assembly Version of this Bill:
A8093
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง257-c, Exec L

S5424 - Bill Texts

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

view sponsor memo
BILL NUMBER:S5424

TITLE OF BILL: An act to amend the executive law, in relation to fees
for drug testing and electronic monitoring

PURPOSE: This bill allows counties to impose fees for performing a
drug, test and the use of electronic monitoring by a person serving a
sentence of probation.

SUMMARY OF PROVISIONS:

Section 1 provides that Subdivisions 2, 3, 4, and 5 of Section 257-c
of the Executive Law are renumbered Subdivisions 4, 5, 6, and 7. Two
new subdivisions 2 and 3 are added.

Subdivision 2 provides that counties may adopt a local law requiring
individuals serving a sentence of probation and who are required to
submit to drug testing, to pay the local probation department an
administrative fee for the drug test. The department shall waive all
or part of the fee in certain cases.

Subdivision 3 provides that counties may adopt a local law requiring
individuals serving a sentence of probation and who are required to
submit to electronic monitoring, to pay the local probation department
an administrative fee for the electronic monitoring. The department
shall waive all or part of the fee in certain cases.

Section 2 provides the effective date.

JUSTIFICATION: Currently, the law does not allow for counties to
impose an administrative fee on a person sentenced to probation who is
required to submit to drug testing or electronic monitoring. As the
number of people who are serving probation and required to submit to
drug testing or electronic monitoring has increased, so too has the
cost to the counties.

Allowing the counties to impose a fee for the drug testing and
electronic monitoring of people sentenced to probation will help to
alleviate the costs that are borne by the counties.

Typically, people sentenced to probation are required to seek and
maintain employment during their sentence of probation. Therefore, it
is anticipated they will have a source of income from which to pay the
fee.

If because of the indigence of the person sentenced to probation, the
payment of the fee for drug testing or electronic monitoring would be
an unreasonable hardship on the person sentenced to probation, his or
her immediate family, or any other person who is dependent on such
person for financial support, the county probation department shall
waive all or part of the fee.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.


EFFECTIVE DATE: This act shall take effect immediately; provided the
amendments 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
be deemed to expire therewith.

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                    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

S. 5424                             2

CONVICTED,  HIS  OR  HER  IMMEDIATE  FAMILY,  OR ANY OTHER PERSON WHO IS
DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  S  2.  This act shall take effect immediately; provided the amendments
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 be deemed to
expire therewith.

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