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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 125-38 FEES AND CHARGES<br />

§ 125-42<br />

Probation Department, shall pay to the <strong>Broome</strong> <strong>County</strong> Probation Department an<br />

administrative fee not to exceed $30 per month during the period of supervision.<br />

B. <strong>Broome</strong> <strong>County</strong> Probation shall waive such fee in whole or in part as permitted under<br />

§ 257-c of the Executive Law when such fees would cause unreasonable hardship on the<br />

person convicted, his or her immediate family or any other person who is dependent on<br />

such person for financial support.<br />

C. The administrative fee authorized by this article shall not constitute nor be imposed as a<br />

condition of probation.<br />

D. In the event of nonpayment of any fees which have not been waived by the <strong>Broome</strong><br />

<strong>County</strong> Probation Department, the provisions of Subdivision 6 of § 420.10 of the<br />

Criminal Procedure Law shall govern for purposes of collection of such fees, and in<br />

addition thereto the <strong>County</strong> may seek to enforce payment in any other manner permitted<br />

by law for enforcement of a debt.<br />

§ 125-39. Fee usage.<br />

All fees imposed pursuant to this article shall be paid directly to the <strong>Broome</strong> <strong>County</strong><br />

Probation Department to be retained and utilized specifically to augment STOP-DWI<br />

probation services in relation to Article 31. The same shall not be considered by the New<br />

York State Division of Probation when determining state aid reimbursement pursuant to § 246<br />

of the Executive Law.<br />

§ 125-40. Amendment of fees.<br />

When authorized by state law, the <strong>Broome</strong> <strong>County</strong> Legislature may amend the amount of fees<br />

established herein by resolution.<br />

§ 125-41. Accounting of fees.<br />

A. The <strong>Broome</strong> <strong>County</strong> Probation Department shall collect and maintain data regarding the<br />

number of fees imposed, the number of fees satisfied, and the total amount of the fees<br />

collected.<br />

B. The <strong>Broome</strong> <strong>County</strong> Probation Department shall create a DWI probation fee restricted<br />

account in order to account for revenues.<br />

C. The <strong>Broome</strong> <strong>County</strong> Probation Department shall utilize these revenues to enhance<br />

STOP-DWI probation services in relation to Article 31 of the New York State Vehicle<br />

and Traffic Law.<br />

§ 125-42. Severability.<br />

If any clause, sentence, paragraph, subdivision, section or part of this article or its application<br />

to any person or circumstance shall be adjudged by any court of competent jurisdiction to be<br />

invalid or unconstitutional, such order of judgment shall not affect, impair or invalidate the<br />

125:15<br />

12 - 15 - 2008

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