What's happening
This bill allows New York counties and NYC to charge probationers administrative fees for drug testing and electronic monitoring, with waivers for indigent individuals.
Why it matters
Shifts financial responsibility for drug testing and electronic monitoring to probationers. , potentially increasing out-of-pocket costs for individuals under supervision and making compliance with probation terms more financially burdensome.
Creates a new local revenue stream for probation departments. , which could incentivize broader or more frequent use of drug testing and electronic monitoring as conditions of probation by counties and New York City.
Includes a waiver for indigent individuals. , but leaves discretion to local probation departments to determine what constitutes "unreasonable hardship," possibly leading to inconsistent application and potential barriers for those unable to pay.
May impact recidivism and reentry outcomes. , as fees could exacerbate financial instability for probationers, influencing their ability to meet other basic needs or successfully reintegrate into society.
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Who cares
Headline styles
Let Counties Charge Probation Fees
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Held for consideration in correction
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3477
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. BARCLAY, FINCH -- read once and referred to the Committee on 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 Assembly, do enact as follows:
Section 1. Subdivisions 2, 3, 4, and 5 of section 257-c of the executive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivisions 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 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 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 responsibility 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 convicted, his or her immediate family, or any other person who is dependent on such person for financial support.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05490-01-7
A. 3477 2
§ 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.