Legislation
SECTION 257-C
Probation administrative fee
Executive (EXC) CHAPTER 18, ARTICLE 12-A
* § 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, 2025
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, 2025