S296B-2011: Provides that supervision fees for parolees shall be collected at a central location and shall not be collected by parole officers


Same as: A1363B-2011 / Versions: S296-2011 S296A-2011 S296B-2011
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Provides that supervision fees for parolees shall be collected at a central location and shall not be collected by parole officers.
Sponsor: DIAZ
Co-sponsor(s): HASSELL-THOMPSON, KRUEGER, MONTGOMERY

Law Section: Correction Law
Law: Amd S201, Cor L

S296B-2011 Actions

S296B-2011 Meetings

Rules: Jun 24, 2011

S296B-2011 Calendars

Floor Calendar: Jun 21, 2011

S296B-2011 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 29, 2011

Ayes (5): Rivera, Hassell-Thompson, Montgomery, Kruger, Kennedy
Ayes W/R (1): Peralta
Nays (8): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie
VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2011

Ayes (20): Skelos, Alesi, Farley, Hannon, Larkin, Libous, Marcellino, Maziarz, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (4): Johnson, LaValle, Nozzolio, Saland

S296B-2011 Memo

BILL NUMBER:S296B

TITLE OF BILL:
An act
to amend the correction law, in relation to the collection of
supervision fees from persons on community supervision

PURPOSE:
Provides that supervision fees for persons on community supervision
shall be collected at a central location and shall not be collected
by parole officers.

SUMMARY OF PROVISIONS:
Section 1 Amends the Correction Law, subdivision 9, section 201 by
adding new paragraph (e). Provides that the department shall
designate a central location and address for payment of the
supervision fee by persons on community supervision. Establishes that
such fee shall not be collected by the parole officer of such person
on community supervision, notwithstanding any rule or regulation to
the contrary.

Section 2 - Effective Date

EXISTING LAW:

Current law requires persons on community supervision to pay their
supervisory fee directly to their parole officer.

JUSTIFICATION:
Current regulation requesting parole officers to collect supervision
fees from parolees complicates and strains an already demanding
relationship.
By adding an unnecessary focus to collecting fees, efforts by parole
officers to develop and maintain a positive parolee lifestyle are
diverted.

Current regulation for parole officers to directly collect fees from
parolees was set in place in order to ensure collection of said fees.
This regulation, however, creates a conflict of interest and impedes
upon the delicate relationship between parole officers and parolees.
Pressures to collect fees burdens an already excessive caseload for
parole officers and redirects parole officer attention to this issue,
thereby disturbing focus and development on more vital initiatives,
including drug programs, training programs and employment
opportunities for parolees.

Parole officers may still inquire about and remind parolees of the
necessity of paying fees, as well as remind them of possible
consequences for nonpayment, however providing a central location for
payment enhances the safety and efficiency of the supervision.

LEGISLATIVE HISTORY:

2009-2010: S.3097 - Advanced to Third Reading/A.8105 -Passed Assembly
2007-2008: S.758  - Referred to Crime Victims, Crime and
Correction/A.1976-  Referred to Governmental Operations
2005-2006: S.6640 Passed Senate/A.10085 - Passed Assembly;
Veto #341; Tabled

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S296B-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   296--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by Sens. DIAZ, HASSELL-THOMPSON, KRUEGER, MONTGOMERY -- read
    twice and ordered printed, and when printed to  be  committed  to  the
    Committee   on  Crime  Victims,  Crime  and  Correction  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee  --  committee  discharged,  bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  AN  ACT  to  amend  the correction law, in relation to the collection of
    supervision fees from persons on community supervision

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 201 of the correction law is amended by adding a new paragraph (e) to read as follows:
(E) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE SUPERVISION FEE AUTHORIZED BY THIS SUBDIVISION SHALL NOT BE COLLECTED BY THE PAROLE OFFICER OF A PERSON ON COMMUNITY SUPERVISION. THE DEPARTMENT SHALL DESIGNATE A CENTRAL LOCATION AND ADDRESS FOR PAYMENT OF SUCH SUPERVISION FEE BY PERSONS ON COMMUNITY SUPERVISION. S 2. This act shall take effect immediately, provided, however, that the amendments to subdivision 9 of section 201 of the correction law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02462-05-1

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