New York 2025-2026 Regular Session

New York Senate Bill S05793

Introduced
3/3/25  
Refer
3/3/25  

Caption

Relates to probation administrative fees; prohibits certain fees associated with probation; provides for the termination and discharge of certain sentences.

Summary

Bill S05793 seeks to repeal existing provisions regarding probation administrative fees and establish a prohibition on any fees associated with probation for individuals currently serving or sentenced to probation. The bill aims to alleviate the financial burden on probationers by ensuring that no local law can impose fees such as administrative, supervision, monitoring, testing, or screening fees. Additionally, it amends existing laws related to the termination and discharge of certain sentences, emphasizing the best interests of society in granting such discharges while maintaining the requirement for restitution payments.

Impact

If enacted, this bill would significantly change the financial obligations of individuals on probation in New York State by eliminating fees that local probation departments currently charge. This could lead to a reduction in the overall costs incurred by probationers and potentially improve compliance with probation terms, as financial barriers are removed. Furthermore, the amendments regarding sentence termination could streamline the process for individuals seeking to have their probation status reviewed and potentially discharged, thereby impacting the correctional system and its approach to rehabilitation.

Sentiment

The sentiment surrounding Bill S05793 appears to be supportive among advocates for criminal justice reform, who argue that eliminating probation fees is a necessary step towards reducing recidivism and promoting rehabilitation. However, there may be concerns from local governments regarding the loss of revenue from these fees, which could create a divide in opinion among lawmakers and stakeholders in the criminal justice system.

Contention

Notable points of contention include the potential financial impact on local probation departments that currently rely on fees for funding their operations. Some lawmakers may argue that the elimination of these fees could strain local budgets, while proponents of the bill emphasize the importance of removing financial barriers for individuals on probation. The balance between fiscal responsibility for local governments and the need for equitable treatment of probationers is likely to be a key area of debate.

Companion Bills

No companion bills found.

Previously Filed As

NY HB2318

Arrest of probationer without a warrant; repeals provision.

NY S1259

Amends existing law to authorize juvenile probation officers to arrest a juvenile probationer without a warrant for probation violations in certain instances.

NY LD822

An Act to End the Collection of Certain Probation Fees

NY SB1208

lifetime probation; early termination

NY H8452

Prohibits defendants who are serving probation for driving under the influence death resulting from earning good time off their probationary period.

NY S0140

Prohibits defendants who are serving probation for driving under the influence death resulting from earning good time off their probationary period.

NY S2288

Prohibits defendants who are serving probation for driving under the influence death resulting from earning good time off their probationary period.

NY HB2242

Probationer; arrest without a warrant, timeframe for service of process.

NY H0187

Amends and adds to existing law to establish provisions regarding advisement to certain probationers and parolees regarding conditions of probation or parole.

NY HB3498

Allows a law enforcement officer to arrest a parolee or probationer without a warrant in certain circumstances and requires conditions and terms of probation or parole to be recorded in MULES

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