[HISTORY: Adopted by the Suffolk County Legislature 6-28-1991 by L.L. No.
28-1991 (Ch. 390 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included as an attachment to this chapter.]
[Amended 5-19-1992 by L.L. No. 9-1992; 11-25-1997 by L.L. No.
27-1997; 11-30-2001 by L.L. No. 20-2001; 11-18-2008 by L.L. No.
47-2008; 12-20-2011 by L.L. No. 8-2012]
The following fee schedule is established for investigations,
supervision services, drug testing, electronic monitoring and community
service placement services by the Probation Department:
A.
Visitation
or custody matters.
(1)
Fees.
(a)
When the probation investigation is requested in connection
with a visitation or custody matter pending in the Supreme Court of
the State of New York, County of Suffolk, there shall be a fee of
not less than $50 and not more than $500 paid in connection thereto
by the petitioning party.
(b)
When the probation investigation is requested in connection
with a visitation or custody matter pending in the Family Court of
the State of New York, County of Suffolk, there shall be a fee of
not less than $50 and not more than $500 paid in connection thereto
by the petitioning party.
(2)
In all cases, such fee shall be 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 New York State Director of the Division of Probation
and Correctional Alternatives, and may in the discretion of the court
be waived when the parties lack sufficient means to pay the fee. The
court shall apportion the fee between the parties based upon the respective
financial circumstances of the parties and the equities of the case.
B.
Individuals awaiting sentencing or sentenced to a period of probation.
(1)
An
individual awaiting sentencing or who shall be sentenced to a period
of probation or who is currently serving a period of probation shall
pay the Department of Probation the following:
(a)
An administrative fee of $30 per month for any such individual
convicted of any crime under Article 31 of the New York Vehicle and
Traffic Law and an administrative fee of $70 per month for all other
such individuals for probation services from the time the probation
period is commenced until said period is terminated;
[Amended 3-28-2017 by L.L. No. 8-2017]
(b)
A fee of $450 shall be collected for presentence investigations,
where applicable;
[Amended 3-28-2017 by L.L. No. 8-2017]
(c)
A fee of $15 per test shall be collected for all court-ordered
drug testing, where applicable;
[Amended 3-28-2017 by L.L. No. 8-2017]
(d)
A daily fee per probationer of $5 shall be collected for the
costs associated with the costs of electronic monitoring, GPS and
SCRAM, where applicable; and
(e)
A fee of $187.50 shall be collected for community service placement.
(2)
The
Department shall waive all 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.
