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

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.