STATE OF NEW YORK ________________________________________________________________________ 3129 2017-2018 Regular Sessions IN ASSEMBLY January 26, 2017 ___________ Introduced by M. of A. McKEVITT, GRAF -- read once and referred to the Committee on Codes AN ACT to amend the family court act, the domestic relations law, the executive law and the penal law, in relation to fees for probation services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 424 of the family court act is amended by adding a 2 new subdivision 4 to read as follows: 3 4. When a local probation service provides services to persons ordered 4 to pay support seeking to modify such orders, the court shall impose an 5 investigation report fee unless a waiver is granted pursuant to section 6 two hundred fifty-two-a of this act. 7 § 2. Section 653 of the family court act, as amended by chapter 580 of 8 the laws of 1966, is amended to read as follows: 9 § 653. Rules of court. Rules of court, not inconsistent with any law, 10 may authorize the probation service to interview such persons and obtain 11 such data as will aid the court in determining a habeas corpus or custo- 12 dy proceeding under section six hundred fifty-one of this part. Whenev- 13 er a court orders the probation service to interview persons and obtain 14 data to aid the court in determining habeas corpus and custody the court 15 shall impose a fee. 16 § 3. Section 750 of the family court act is amended by adding a new 17 subdivision 3 to read as follows: 18 3. The court shall impose a fee for reports prepared pursuant to 19 subdivisions one and two of this section, unless a waiver is granted due 20 to the indigency of the youth and his family. 21 § 4. Subdivision 4 of section 115-d of the domestic relations law, as 22 amended by chapter 230 of the laws of 2004, is amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04651-01-7

A. 3129 2 1 4. A pre-placement investigation conducted pursuant to the provisions 2 of this section shall be made by a disinterested person who in the opin- 3 ion of the judge or surrogate is qualified by training and experience to 4 examine into the allegations set forth in the application and any other 5 factors which may be relevant to the suitability of the applicant or 6 applicants as a qualified adoptive parent or parents. For the purposes 7 of this section, a disinterested person shall also include a licensed 8 master social worker, licensed clinical social worker, the probation 9 service of the family court or an authorized agency specifically desig- 10 nated by the court to conduct pre-placement investigations. In any 11 instance where the probation service of the family court conducts an 12 investigation the court shall impose a fee unless a waiver is granted in 13 accordance with section two hundred fifty-two-a of the family court act. 14 § 5. The executive law is amended by adding a new section 246-a to 15 read as follows: 16 § 246-a. Reimbursement for probation services. 1. A person who 17 receives a sentence of probation, pursuant to article sixty-five of the 18 penal law, is chargeable with reimbursement to the county probation 19 services or to the probation services of New York city of the county or 20 city which has supervision over such person; provided he or she is of 21 sufficient means or able to earn such means. Reimbursement payments of 22 such reimbursement pursuant to this section shall be payable monthly and 23 shall be a minimum of seventy-five dollars but shall not exceed that 24 amount actually expended for provision of such probation services by a 25 county or city during the period the probationer is on probation. The 26 sentencing court may modify such reimbursement pursuant to an adjustable 27 scale as a condition of probation after consideration of all relevant 28 factors, including the probationer's: 29 (a) financial resources, assets and expenses, 30 (b) health, 31 (c) age, 32 (d) current child support and maintenance court orders, 33 (e) outstanding court ordered fines or restitution or current income 34 executions or income deduction orders, and 35 (f) any other factor which the court shall expressly find to be just 36 and proper. 37 2. The sentencing court shall order payment of reimbursement by the 38 probationer, pursuant to subdivision one of this section, to the local 39 probation services having supervision over such person. 40 3. Fees ordered paid pursuant to this section shall be paid directly 41 to the local probation department. Monies collected shall be retained 42 and utilized to enhance local probation services, and shall not be 43 considered by the division of probation when determining state aid 44 reimbursement pursuant to section two hundred forty-six of this article. 45 Fees collected shall not be used to replace federal or state funds 46 otherwise utilized for probation services. 47 § 6. Subdivision 3 of section 65.10 of the penal law, paragraph (b) 48 as amended by section 8 of part D of chapter 56 of the laws of 2010 and 49 paragraph (c) as amended by chapter 270 of the laws of 1980, is amended 50 to read as follows: 51 3. Conditions relating to supervision. When imposing a sentence of 52 probation the court, in addition to any conditions imposed pursuant to 53 subdivision two of this section, shall require as conditions of the 54 sentence, that the defendant:

A. 3129 3 1 (a) Report to a probation officer as directed by the court or the 2 probation officer and permit the probation officer to visit him at his 3 place of abode or elsewhere; 4 (b) Remain within the jurisdiction of the court unless granted permis- 5 sion to leave by the court or the probation officer. Where a defendant 6 is granted permission to move or travel outside the jurisdiction of the 7 court, the defendant shall sign a written waiver of extradition agreeing 8 to waive extradition proceedings where such proceedings are the result 9 of the issuance of a warrant by the court pursuant to subdivision two of 10 section 410.40 of the criminal procedure law based on an alleged 11 violation of probation. Where any county or the city of New York incurs 12 costs associated with the return of any probationer based on the issu- 13 ance of a warrant by the court pursuant to subdivision two of section 14 410.40 of the criminal procedure law, the jurisdiction may collect the 15 reasonable and necessary expenses involved in connection with his or her 16 transport, from the probationer; provided that where the sentence of 17 probation is not revoked pursuant to section 410.70 of the criminal 18 procedure law no such expenses may be collected. 19 (c) Answer all reasonable inquiries by the probation officer and noti- 20 fy the probation officer prior to any change in address or 21 employment[.]; and 22 (d) Pay a fee for probation services pursuant to section two hundred 23 forty-six-a of the executive law. 24 § 7. This act shall take effect on the first of September next 25 succeeding the date on which it shall have become a law.

Increases fees for probation services

What's Happening

Why It Matters