Bill S5424-2013

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

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

Details

Actions

  • Mar 26, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 4, 2013
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Montgomery
Ayes W/R (4): Hassell-Thompson, Hoylman, Peralta, Rivera
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 26, 2014
Ayes (10): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Peralta
Ayes W/R (2): Montgomery, Rivera
Nays (1): Hoylman

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5424 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2, 3, 4, and 5 of section 257-c of the execu- tive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivi- sions 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 SUPER- VISING 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 RESPONSIBIL- ITY 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. S 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.

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