BILL NUMBER:S6237

TITLE OF BILL:
An act
to amend the correction law, in relation to collection of supervision
fees from persons on community supervision

PURPOSE:
Prohibits parole officers from collecting supervision fees for persons
on community supervision, except under certain circumstances.

SUMMARY OF PROVISIONS:
Section 1 - Amends the Correction Law, subdivision 9, section 201 by
adding new paragraph (e). Provides that the supervision fee shall not
be collected by the parole officer. Provides that the department may
promulgate rules and regulations to establish alternative methods for
payment of such supervision fees. States that the parole officer may
be authorized to collect such supervision fee at any reporting
location not under the dominion and control of the department.

Section 2 - Effective Date.

EXISTING LAW:
Current law requires persons on community supervision to pay their
supervisory fee directly to their parole officer.

              

JUSTIFICATION:
Current regulations requesting parole officers to collect supervision
fees from parolees complicate and strain an already demanding
relationship.
By adding an unnecessary focus to collecting fees, efforts by parole
officers to develop and maintain a positive parolee lifestyle are
diverted.

Current regulations for parole officers to directly collect fees from
parolees was set in place in order to ensure collection of said fees.
This regulation, however, creates a conflict of interest and impedes
upon the delicate relationship between parole officers and parolees.
Pressures to collect fees burdens an already excessive caseload for
parole officers and redirects parole officer attention to this issue,
thereby disturbing focus and development on more vital initiatives,
including drug programs, training programs and employment
opportunities for parolees.

Parole officers may still inquire about and remind parolees of the
necessity of paying fees, as well as remind them of possible
consequences for nonpayment.

A similar bill, S.296-B/A.1363-B passed both houses of the legislature
but was vetoed by the Governor. This revised bill is the result of
agreed-to negotiations among the Governor, Senate and Assembly.

LEGISLATIVE HISTORY:
2011:      Similar Bill S.296B - Passed Senate/A.1363B - Passed Assembly;
           Veto #82
2009-2010: S.3097 - Advanced to Third Reading/A.8105 - Passed Assembly
2007-2008: S.758  - Referred to Crime Victims, Crime and Correction/
           A.1976 - Referred to Governmental Operations
2005-2006: S.6640 - Passed Senate/A.10085 - Passed Assembly;
           Veto #341; Tabled

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.