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201 - Authority and Responsibility for Community Supervision.

NY Corr L § 201 (2019) (N/A)
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(b) The supervision fee authorized by this subdivision shall not constitute nor be imposed as a condition of community supervision.

(c) In the event of non-payment of any fees that have not been waived, the department may seek to enforce payment in any manner permitted by law for enforcement of a debt owed to the state; provided, however, such enforcement shall not include use of any private debt collection agency or service.

(d) Nothing contained in this subdivision affects or limits the provisions of section two hundred fifty-nine-mm of the executive law, relating to out-of-state parole supervision. Prior to a transfer of parole supervision to another state, the department shall eliminate any supervision fee imposed pursuant to this subdivision. The department may collect a fee, pursuant to this subdivision and regulations promulgated thereunder, from any person whose parole supervision is transferred to this state from another.

(e) (i) Notwithstanding any other law, rule or regulation to the contrary, and except as provided for in subparagraph (ii) of this paragraph, the supervision fee authorized by this subdivision shall not be collected by the parole officer of a person on community supervision. The department may promulgate rules and regulations to establish alternative methods for payment of such supervision fee by persons on community supervision.

(ii) At any reporting location not under the dominion and control of the department, the parole officer may be authorized to collect the supervision fee. * NB Repealed September 1, 2020 10. The department shall have the power to grant and revoke certificates of relief from disabilities and certificates of good conduct as provided for by law. 11. In any case where a person is entitled to jail time credit under the provisions of paragraph (c) of subdivision three of section 70.40 of the penal law, to certify to the person in charge of the institution in which such person's sentence is being served the amount of such credit. 12. The department shall supervise all persons who are released and subject to a regimen of strict and intensive supervision and treatment pursuant to article ten of the mental hygiene law. The department shall issue and periodically update rules and regulations concerning the supervision of such persons in consultation with the office of sex offender management in the division of criminal justice services and the office of mental health. 13. The department shall perform such other functions as are necessary and proper in furtherance of the objective of maintaining an effective, efficient and fair system of community supervision. 14. The commissioner shall promulgate such regulations as are necessary and proper for the efficient performance of the functions set forth in this article. He or she shall have the authority to contract with public or private agencies for the performance of the functions set forth in this section as are necessary or appropriate to promote the efficient performance of such responsibilities, except the functions defined in subdivisions one, two, four, ten and twelve of this section. 15. The commissioner shall provide an annual report to the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and minority leader of the assembly, commencing January first, two thousand twelve. Such report shall include but not be limited to the number of persons: released to community supervision and the release type; supervised on community supervision during the preceding year; whose community supervision was revoked; returned to incarceration for conviction of a new felony committed while on community supervision; transferred out of state pursuant to the Interstate Compact for Adult Supervision. In addition, the commissioner shall provide other available information regarding community supervision to the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and minority leader of the assembly upon request.

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201 - Authority and Responsibility for Community Supervision.