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A03477 Text:



 
                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 Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 2, 3, 4, and 5 of section 257-c of the  execu-
     2  tive law are renumbered subdivisions 4, 5, 6, and 7 and two new subdivi-
     3  sions 2 and 3 are added to read as follows:
     4    2.  Notwithstanding  any  other provision of law, every county and the
     5  city of New York, may adopt a local law requiring individuals  currently
     6  serving  or  who  shall  be  sentenced  to    a period of probation upon
     7  conviction of any crime and who are required to submit to drug  testing,
     8  to  pay the local probation department with the responsibility of super-
     9  vising the probationer an administrative fee  determined  by  the  local
    10  probation department. The department shall waive all or part of such fee
    11  where,  because  of  the  indigence of the offender, the payment of said
    12  surcharge would work an unreasonable hardship on the  person  convicted,
    13  his  or  her  immediate  family, or any other person who is dependent on
    14  such person for financial support.
    15    3. Notwithstanding any other provision of law, every  county  and  the
    16  city  of New York, may adopt a local law requiring individuals currently
    17  serving or who  shall  be  sentenced  to  a  period  of  probation  upon
    18  conviction  of  any  crime  and who are required to submit to electronic
    19  monitoring, to pay the local probation department with the  responsibil-
    20  ity  of  supervising the probationer an administrative fee determined by
    21  the local probation department. The department shall waive all  or  part
    22  of such fee where, because of the indigence of the offender, the payment
    23  of  said  surcharge  would  work  an unreasonable hardship on the person
    24  convicted, his or her immediate family,  or  any  other  person  who  is
    25  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
 
     1    §  2.  This act shall take effect immediately; provided the amendments
     2  to section 257-c of the executive law made by section one  of  this  act
     3  shall  not  affect the expiration of such section and shall be deemed to
     4  expire therewith.
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