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

                                   890

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PAULIN, GALEF, ORTIZ -- Multi-Sponsored by -- M.
  of A. ENGLEBRIGHT, GUNTHER, SWEENEY, WRIGHT -- read once and  referred
  to the Committee on Correction

AN  ACT  to amend the executive law, in relation to imposing a probation
  administrative fee  upon  persons  sentenced  to  probation  following
  convictions for crimes of domestic violence

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  257-d
to read as follows:
  S 257-D. PROBATION  ADMINISTRATIVE  FEE;  CRIMES OF DOMESTIC VIOLENCE.
1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY COUNTY AND THE CITY
OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS CURRENTLY SERV-
ING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION  UPON  CONVICTION
OF  ANY CRIME OF DOMESTIC VIOLENCE TO PAY TO THE LOCAL PROBATION DEPART-
MENT WITH THE RESPONSIBILITY OF SUPERVISING THE PROBATIONER AN  ADMINIS-
TRATIVE FEE OF NOT MORE THAN THIRTY DOLLARS PER MONTH OR THE ACTUAL COST
OF SUPERVISING SUCH PROBATIONER, WHICHEVER SHALL BE LESS. 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.
  2. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "CRIME  OF  DOMESTIC
VIOLENCE"  SHALL MEAN A CONVICTION FOR ANY MISDEMEANOR OR FELONY DEFINED
IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWEN-
TY-FIVE, ONE HUNDRED THIRTY, OR ONE HUNDRED  THIRTY-FIVE  OF  THE  PENAL
LAW,  AND  A  CONVICTION FOR ANY MISDEMEANOR OR FELONY FOR AN ATTEMPT TO
COMMIT A CRIME DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED  TWEN-
TY-ONE,  ONE  HUNDRED  TWENTY-FIVE,  ONE  HUNDRED THIRTY, OR ONE HUNDRED
THIRTY-FIVE OF THE PENAL LAW, WHEN THE VICTIM IS A SPOUSE OF THE  PROBA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03207-01-3

A. 890                              2

TIONER,  A  PARENT  OF THE PROBATIONER, A CHILD OF THE PROBATIONER, OR A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PROBATIONER, AS  THE  TERM
"MEMBER  OF  THE SAME FAMILY OR HOUSEHOLD" IS DEFINED IN SUBDIVISION ONE
OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
  3. THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10 OF THE CRIMINAL
PROCEDURE LAW SHALL GOVERN FOR PURPOSES OF COLLECTION OF THE ADMINISTRA-
TIVE FEE.
  4.  THE  PROBATION ADMINISTRATIVE FEE AUTHORIZED BY THIS SECTION SHALL
NOT CONSTITUTE NOR BE IMPOSED AS A CONDITION OF PROBATION.
  5. IN THE EVENT OF NON-PAYMENT OF ANY FEES WHICH HAVE NOT BEEN  WAIVED
BY  THE  LOCAL  PROBATION DEPARTMENT, THE COUNTY OR THE CITY OF NEW YORK
MAY SEEK TO ENFORCE PAYMENT IN ANY MANNER PERMITTED BY LAW FOR  ENFORCE-
MENT OF A DEBT.
  6.  MONIES  COLLECTED  PURSUANT  TO THIS SECTION SHALL BE UTILIZED FOR
PROBATION SERVICES BY THE LOCAL PROBATION DEPARTMENT. SUCH MONEYS  SHALL
NOT  BE CONSIDERED BY THE DIVISION WHEN DETERMINING STATE AID REIMBURSE-
MENT PURSUANT TO SECTION TWO HUNDRED FORTY-SIX OF THIS  CHAPTER.  MONIES
COLLECTED  SHALL NOT BE USED TO REPLACE FEDERAL FUNDS OTHERWISE UTILIZED
FOR PROBATION SERVICES.
  7. THE DIRECTOR OF THE OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNA-
TIVES  SHALL  SUBMIT  A  REPORT,  WITH RECOMMENDATIONS, TO THE GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER  OF  THE  ASSEMBLY,  AND  THE
CHAIRPERSONS  OF  THE SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMIT-
TEE, THE ASSEMBLY CORRECTION COMMITTEE, THE SENATE CODES  COMMITTEE  AND
THE  ASSEMBLY  CODES  COMMITTEE ON OR BEFORE JANUARY FIRST, TWO THOUSAND
FIFTEEN AND JANUARY FIRST, TWO THOUSAND SIXTEEN AS TO THE  EFFECTIVENESS
OF  THE  PROBATION ADMINISTRATIVE FEE FOR CRIMES OF DOMESTIC VIOLENCE IN
ENHANCING THE DELIVERY OF PROBATION SERVICES THROUGHOUT THE STATE.   THE
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, AMOUNTS OF FEES IMPOSED AND
COLLECTED,  RATES OF PAYMENT FOR DIFFERENT CATEGORIES OF CONVICTIONS AND
TYPES OF  OFFENDERS,  AND  REMEDIES  UTILIZED  AND  COSTS  INCURRED  FOR
COLLECTION IN CASES OF NON-PAYMENT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.