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

                                   804

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, GALEF, EDDINGTON, ORTIZ -- Multi-Spon-
  sored by -- M. of A.  CANESTRARI, ENGLEBRIGHT, GUNTHER,  JOHN,  MAYER-
  SOHN,  PHEFFER,  SWEENEY,  WRIGHT  --  read  once  and referred to the
  Committee on Governmental Operations

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-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  TWENTY-FIVE,  ONE  HUNDRED
THIRTY,  OR ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW, WHEN THE VICTIM IS

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

                                                           LBD01931-02-9

A. 804                              2

A SPOUSE OF THE PROBATIONER, A PARENT OF THE PROBATIONER, A CHILD OF THE
PROBATIONER, OR A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS  THE  PROBA-
TIONER,  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 DIVISION 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
TWELVE  AND JANUARY FIRST, TWO THOUSAND THIRTEEN 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.