Section 257-C. Probation administrative fee  


Latest version.
  • 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
      probationer  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. The provisions of subdivision six of section 420.10 of the criminal
      procedure  law  shall  govern  for  purposes  of   collection   of   the
      administrative fee.
        3.  The  probation administrative fee authorized by this section shall
      not constitute nor be imposed as a condition of probation.
        4. 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.  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
      reimbursement 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.
        6.   The  director  of  the  division  shall  submit  a  report,  with
      recommendations, to the governor, temporary  president  of  the  senate,
      speaker  of  the  assembly,  to the chairpersons of the senate crime and
      correction committee, and assembly correction  committee,  senate  codes
      committee  and  assembly  codes  committee  on  or before January first,
      nineteen  hundred  ninety-three  and  January  first,  nineteen  hundred
      ninety-four  as to the effectiveness of the probation administrative fee
      in enhancing the delivery of probation services  throughout  the  state.
      The report shall include, but not be limited to, amounts of fees imposed
      and  collected, rates of payment for different categories of convictions
      and types of offenders, and remedies utilized  and  costs  incurred  for
      collection in cases of non-payment.
        * NB Expires September 1, 2011