Authorizes counties and the city of New York to impose a fee on probationary people for the cost of drug tests

Summary of provisions

Section one of the bill amends §257-c of the Executive Law authorizing local probation departments to impose certain fees upon probationers or releasees.

A new paragraph (a) of subdivision 1 of §257-c is designated to authorize local probation departments to collect an administrative fee of up to $30 per month per probationer.

A new paragraph (b) is added authorizing local probation departments to impose fees for drug testing of up to $8 per test upon probationers. Fees for drug testing shall not exceed $600 in anyone calendar year per probationer.

A new paragraph (c) is added to authorize local probation departments to impose fees of up to $8 per day upon probationers for electronic monitoring Fees for electronic monitoring shall not exceed $900 per probationer.

A new paragraph (d) is added to require the local probation department to notify the probationer or release of each fee, the amounts, and that the probationer may meet with a designee of the department to show that imposition of such fee or fees may work an undue hardship on the probationer or his family.

A new paragraph (e) is added to allow the local department to waive all or any part of fees which, according to state regulations, are deemed to place an undue burden on a probationer or any person who is dependent upon such person for financial support.

Subdivision 2 of §257-c is amended to require that the provisions of subd. 6 of §420.10 of the Criminal Procedure Law shall govern for purposes of collection of the administrative, drug testing and monitoring fees, although another agency or official may be designated to collect such fees.

Subdivision 3 of §257 -c is amended to establish that these new fees shall not be a condition of probation. A new paragraph (e) is added to allow the local department to waive all or any part of fees which, according to state regulations, are deemed to place an undue burden on a probationer or any person who is dependent upon such person for financial support.

Subdivision 2 of §257-c is amended to require that the provisions of subd. 6 of §420.10 of the Criminal Procedure Law shall govern for purposes of collection of the administrative, drug testing and monitoring fees, although another agency or official may be designated to collect such fees.

Subdivision 3 of §257-c is amended to establish that these new fees shall not be a condition of probation.

Subdivision 5 of §257-c is amended to direct local probation departments to use the revenue generated from all such fees be used exclusively for local probation services. This subdivision also prohibits the Division of Probation and Correctional Alternatives from considering these monies when determining state aid reimbursement to local probation departments. Furthermore, monies collected shall not be used to replace federal funds earmarked for probation services.

Subdivision 6 is amended to require an annual report to the legislature analyzing the collection of such fees and their effectiveness in enhancing probation services.

A new subdivision 7 is added to direct the Division of Probation and Correctional Alternatives to promulgate regulations governing hardship waivers.

Section two of the bill adds a new §410.15 to the CPL establishing procedures governing motions regarding probation-related fees.

Section three of the bill delineates the effective date.

Justification

This legislation is necessary because of an opinion of the New York State Attorney General (2003-4), which stated that counties may not, pursuant to their home rule authority alone, enact local laws imposing administrative probation fees. Approximately fifteen counties already have local laws in place imposing many of these fees. This legislation is necessary to codify local authority to

impose such local laws. Current law already provides for the imposition of probation fees upon persons convicted of Driving While Intoxicated. The expansion of probation fees has become necessary as the scope of probation services expands and new technologies for tracking and monitoring the activities of probationers arise. These costs have escalated sharply in recent years and state reimbursement and dedicated local funds are not enough to meet the demands placed on these local probation departments. The costs associated with probation enforcement are often high, placing an undue strain on local taxpayers. Furthermore, probation departments incur great expenses meeting with probationers at home or work, often traveling great distances for such meetings. This legislation would allow a local probation department to, taking into account the individual's ability to pay, impose fees upon certain probationers. This legislation will save millions of dollars for law-abiding citizens throughout New York.

Prior legislative history

2003: S.5436-A - Passed Senate/A.9044-A - Assembly Corrections 2004: S.7713-A - Passed Senate/A.10159-A - Assembly 3rd Reading Cal. 2005-06: S.2842-A - Passed Senate/A.3245-B - Assembly Corrections Cmte. 2007-08: S.1258A - Passed Senate/A.5588A - Assembly Corrections Cmte. 2009-10: S.3241 - Crime Victims, Crime & Correction Cmte.

Fiscal implications

None to state. Counties which enact local laws prospectively to impose surcharges will see increased revenues for costs associated with providing probation services. Counties which have already enacted local laws will avoid large deficits in their probation department budgets.

Effective date

This act shall take effect immediately, provided, however that (a) the provisions of this act shall apply to probationers and releasees presently paying such fees; (b) the provisions of this act shall apply to probationers and releasees directed to pay such fees after the effective date of this act pursuant to local law; and (c) the amendments to §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.