[Adopted 7-27-1993 by L.L. No. 5-1993, approved 8-19-1993]
[Amended 11-14-1995 by L.L. No. 5-1995, approved 12-14-1995]
In accordance with the provisions of Chapter 55 of the Laws of 1992, which provides that any County in the State of New York may, at its option, adopt a local law requiring individuals who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle and Traffic Law, or who are currently serving a period of probation for a conviction under that Article of the Vehicle and Traffic Law, to pay an administrative fee of $30 per month, the County Legislature finds, after public hearing, that it is in the best interest of the County of Monroe to authorize the Department of Probation to collect such fees from all persons sentenced to probation. Therefore, pursuant to such findings, this Article is enacted.
A. 
All persons convicted of any crime committed in this County and currently on probation shall pay an administrative fee of $30 per month commencing on the first day of December 1995 and thereafter. Such persons shall pay these administrative fees to the Department of Probation.
[Amended 11-14-1995 by L.L. No. 5-1995, approved 12-14-1995]
B. 
All persons who shall, after the effective date of this Article, be sentenced to a period of probation shall pay an administrative fee of $30 per month for probation services from the time they commence their probation period, and thereafter, until their probation is terminated.
[Amended 11-14-1995 by L.L. No. 5-1995, approved 12-14-1995]
C. 
Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of these administrative fees, but payment of the administrative fees which this section imposes shall not constitute a condition of any probation sentence. These fees shall apply to youthful offender probation.
D. 
The Department of Probation shall have power to waive all, or any part, of this administrative fee, whenever, because of the indigence of the offender, payment thereof would work an unreasonable hardship on the person convicted, or on his immediate family or on any other person dependent on such offender for his financial support.
E. 
All moneys collected under the provisions of this Article shall be excluded from consideration by the Department of Probation when determining state aid reimbursement pursuant to § 246 of the Executive Law, nor shall any moneys collected hereunder be used to replace federal funds otherwise utilized for probation services.
A. 
Whenever the Family Court shall, pursuant to the terms of § 653 of the Family Court Act, order the Department of Probation to conduct an investigation involving custody and visitation, the parties to such Family Court proceeding shall pay an investigation fee of not less than $50 nor more than $500 to the Department of Probation for performing such investigation as the Family Court shall decide.
B. 
In fixing the investigation fee called for under Subsection A of this section, the Family Court shall consider the parties' ability to pay the fee and shall consult the guidelines which the Director of the Department of Probation and Correction Alternatives has issued in order to fix any schedule for payment by installments. Moreover, the Family Court shall apportion the investigation fee among the parties to the Family Court proceeding in consonance with the financial circumstances of the parties and the equities of the case. Finally, in its discretion, the Family Court may waive the investigation fee whenever the court determines the parties lack sufficient means to pay it.
C. 
All fees collected pursuant to this Article shall be excluded from consideration by the Division of Probation whenever it determines state aid reimbursement pursuant to § 246 of the Executive Law.
The Director of the Monroe County Probation Department shall make all reports which the State Director of the Division of Probation requires in respect to the fees collected under the provisions of this Article.