257-C - Probation administrative fee.

* § 257-c. Probation  administrative fee. 1. 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  under  article  thirty-one  of  the vehicle and traffic law to pay to the local  probation  department  with  the  responsibility  of   supervising   the  probationer  an  administrative  fee  of  thirty  dollars per month. 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. The provisions of subdivision six of section 420.10 of the criminal  procedure  law  shall  govern  for  purposes  of   collection   of   the  administrative fee.    3.  The  probation administrative fee authorized by this section shall  not constitute nor be imposed as a condition of probation.    4. 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  enforcement of a debt.    5.  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 pursuant to  section  two  hundred  forty-six  of the executive law. Monies collected  shall not be used  to  replace  federal  funds  otherwise  utilized  for  probation services.    * NB Expires September 1, 2011