The Putnam County Legislature hereby determines that the costs
associated with the administration of drug and/or alcohol testing
services provided by the County of Putnam, by and through its Probation
Department, should be defrayed by requiring drug and/or alcohol testing
fees established by the Putnam County Probation Department be paid
by adult individuals who have been convicted of a crime, who may be
ordered to serve a sentence of probation supervision or diversion,
as defined under New York State Penal Law, the Family Court Act of
the State of New York, and including Treatment Court participants,
and any adult person who is subject to a term of interim probation,
or a sentence of Conditional Discharge, where, as a condition of supervision
or probation, such person is required to submit to drug and/or alcohol
testing.
Every person liable to pay a drug and/or alcohol testing fee under this Article
IV shall be informed of and be required to review a payment notification and agreement in such form and substance as the Probation Department prescribes. The individual assessed such testing fee(s) may, but not be required to, sign the payment notification and agreement form.
The Director of Probation is empowered to adopt departmental policies and procedures necessary to implement this Article
IV, including, as may, from time to time, be required, the testing fees established by the Probation Department, and any other portion of this Article
IV.
All drug and/or alcohol testing fees collected hereunder shall
be excluded from consideration by the Division of Probation when it
determines state aid reimbursement pursuant to Section 246 of the
Executive Law.
If any section, subsection, sentence, clause, phrase or other portion of this amendment to Chapter
83, Article
IV is, for any reason, declared unconstitutional, invalid and/or unenforceable, in whole or in part, by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or other portion shall be deemed severable and such unconstitutionality, invalidity and/or unenforceability shall not affect the remaining portions of this Article
IV, which shall remain in full force and effect.
This article shall only be applicable on or after the effective date of this Article
IV to those individuals set forth in §
83-17 hereof.