Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/029.
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.
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