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a. In accordance with section 257-c of the executive law, any individual currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law shall pay to the department of probation an administrative fee of thirty dollars per month.
b. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.
c. The administrative fee authorized by this subdivision shall not constitute, nor be imposed, as a condition of probation.
d. The department of probation shall waive all or part of the administrative fee where, because of the indigence of the offender, the payment of the administrative fee 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.
e. In the event of non-payment of any fees that have not been waived by the department of probation, the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.
f. Monies collected pursuant to this section shall be utilized for probation services by the department of probation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/029.
a. In accordance with section 252-a of the family court act, when ordered by the court to conduct an investigation pursuant to section six hundred fifty-three of the family court act, the department of probation shall receive an investigation fee of not less than fifty dollars and not more than five hundred dollars from the parties in such proceeding for performing such investigation.
b. Such investigation fee shall be determined by the court based on the party's ability to pay the fee, and the schedule for payment shall be fixed by the court issuing the order for investigation, pursuant to the guidelines issued by the director of the New York state division of probation and correctional alternatives.
c. The court, in its discretion, may waive the investigation fee when the parties lack sufficient means to pay the fee.
d. The court shall apportion the investigation fee between the parties based upon the respective financial circumstances of the parties and the equities of the case.
e. Fees pursuant to this section shall be paid directly to the department of probation to be retained and utilized for local probation services.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/029.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Adjust. The term "adjust" has the same meaning as the process described in section 308.1 of the New York family court act, or any successor statute.
Department. The term "department" means the New York city department of probation.
Eligible year. The term "eligible year" means any year during which a court ordered the department to supervise a probationer that pursuant to such court order would have terminated during the reporting period.
Probationer. The term "probationer" means a person the department has been ordered to supervise.
b. No later than 90 days from January 1 of each year, beginning in 2017, the department shall provide to the council and publish on its website an annual report regarding recidivism. Such report shall include the information required by paragraphs 2 through 6 of this subdivision for every eligible year regarding probationers sentenced to probation during such eligible year. Such report shall include the following information for probationers who were under the supervision of the department during the previous calendar year:
1. The number of probationers, the average monthly number of probationers, and the number of probationers whose period of supervision began during the reporting period;
2. The number and percentage of probationers who were: (a) arrested for a non-criminal offense; (b) arrested for any crime; (c) arrested for a misdemeanor; (d) arrested for a felony; disaggregated by whether such felony is a violent felony offense as such term is defined by section 70.02 of the penal law or any successor statute, or whether such probationers were felony drug offenders or second felony drug offenders, as such terms are defined by section 70.70 of the penal law or any successor statute; (e) convicted of a non-criminal offense, (f) convicted of a misdemeanor; or (g) convicted of a felony, disaggregated by whether such felony is a violent felony offense as such term is defined by section 70.02 of the penal law or any successor statute, or whether such probationers were felony drug offenders or second felony drug offenders, as such terms are defined by section 70.70 of the penal law or any successor statute;
3. With respect to the probationers who were arrested for any non-criminal offense, misdemeanor or felony during their probation, as reported in paragraph 2 of this subdivision, the number of arrests that resulted in sentences of incarceration other than time served, disaggregated by such category of arrest;
4. The number and percentage of probationers who were arrested within the following periods of time from the date of their sentence: (a) 1 month, (b) 3 months, (c) 6 months, (d) 1 year, (e) 2 years, and (f) 3 years;
5. The number and percentage of probationers who: (a) were in full compliance with the terms of their probation, (b) violated the terms of their probation, in total and disaggregated by whether such violation was based on an arrest or another ground, or (c) violated the terms of their probation, and there was filed a related declaration of delinquency, petition of violation, or similar court filing, in total and disaggregated by whether such declaration was based on an arrest, a violation of the technical terms of probation, or absconding;
6. The number and percentage of probationers whose period of probation was successfully completed during the reporting period, and the mean and median length of their period of probation; and
7. The number of cases opened for adjustment during the reporting period that were monitored by the department, and the number and percentage of such cases in which those being monitored violated the terms of their monitoring.
c. The information required by subdivision b of this section shall be reported in total and disaggregated by the following criteria:
1. The age of the probationer, where applicable, in the following categories at a minimum: (a) up to age 15, (b) 16-24, and (c) 25 and older. For the purposes of subdivision b of this section, such age shall be calculated by using the probationer's age at the end of the reporting period, and for the purposes of subdivision c of this section such age shall be calculated by using the probationer's age at the time at which their period of supervision began;
2. Whether the underlying case for which the probationer was ordered to be monitored by the department was classified by state law, or by equivalent laws of another state, as a: (a) juvenile delinquency, (b) juvenile offender, (c) youthful offender, or (d) adult criminal case;
3. For those probationers for whom the underlying case for which the probationer was ordered to be monitored was an adult criminal case, or the equivalent in another state, whether such case was a misdemeanor or felony; and
4. The risk level of the probationer, as described in section 351.6 of title 9 of the compilation of codes, rules and regulations of the state of New York, or any successor regulation.
d. The information required by subdivisions b and c of this section shall be compared to previous reporting periods, and shall be stored permanently and shall be accessible from the department's website.
(L.L. 2016/090, 8/3/2016, eff. 8/3/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/090.
The department of probation shall evaluate the effectiveness of each program through which the department provides any structured service directly to probation clients. No later than 90 days from January 1 of each year, beginning in 2017, the department shall submit a summary of each evaluation to the mayor and the council, and post such summary to the department's website. This summary shall include criteria determined by the department, which shall include, but not be limited to, information related to the following for each such program: (i) the amount of funding received; (ii) the number of individuals served; (iii) a brief description of the services provided, including a program's length, requirements, and target populations, where applicable; and (iv) recidivism and compliance rates, if applicable, provided that such summary may calculate recidivism without using data for participants who only participated in such programming for a minimal period of time, where such period of time is identified in such summary.
(L.L. 2016/089, 8/3/2016, eff. 8/3/2016)
a. For the purposes of this section, all terms shall have the same meanings as set forth in section 9-131, except that the term "department" means department of probation.
b. The department may only honor a civil immigration detainer by holding a person if:
1. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and
2. a search of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person:
(a) has been convicted of a violent or serious crime, or
(b) is identified as a possible match in the terrorist screening database.
c. No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold persons on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.
d. No conflict with existing law. This section supersedes all conflicting policies, rules, procedures and practices of the city. Nothing in this section shall be interpreted or applied so as to create any power, duty or obligation in conflict with any applicable law.
e. No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city or the department, or any official or employee thereof.
f. Reporting. No later than September 1, 2018, and no later than September 1 of each year thereafter, the department shall post a report on its website that includes the following information for the preceding 12-month period ending June 30:
1. the number of civil immigration detainers received from federal immigration authorities;
2. the number of persons held pursuant to civil immigration detainers;
3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
4. the number of persons for whom civil immigration detainers were not honored; and
5. the number of requests from federal immigration authorities concerning a person's incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or any other information related to such person, and the number of responses honoring such requests, disaggregated by:
i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;
ii. the number of responses to federal immigration authorities concerning a person with at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and
iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who were identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, scheduled appointment dates or times, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.
g. Publication of policy required. The department shall publish on its website its policy regarding requests for information from federal immigration authorities.
(L.L. 2017/226, 12/1/2017, eff. 12/1/2017 and 3/1/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/226.
a. The department of probation shall not require individuals on probation to submit to marijuana testing unless a determination is made, based on an individual's history and personal circumstances, that abstinence from marijuana is necessary to otherwise lead an otherwise law-abiding life.
(L.L. 2019/090, 5/10/2019, eff. 5/10/2019)
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