RESOLUTION NO. 149 of 2010 DATED: July 27, 2010

WHEREAS, on June 22, 2010 a proposed Local Law for the County of Montgomery, entitled:  ”A Local Law Authorizing The Creation Of A Fee For The Supervision Of DWI Offenders Who Are Sentenced To Probation” was presented to the Board of Supervisors for consideration, and

WHEREAS, on June 22, 2010 Resolution No. 142 of 2010 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 27th day of July 2010, at the time and place appointed, and

WHEREAS, said public hearing has been held,

RESOLVED, that said Local Law, known as Introductory Local Law No. A of 2010, entitled: “A Local Law Authorizing The Creation Of A Fee For The Supervision Of DWI Offenders Who Are Sentenced To Probation” hereby is adopted and is incorporated as follows:

BE IT ENACTED by the Board of Supervisors of the County of Montgomery as follows:

SECTION 1.  Notwithstanding any other provision of law, any person currently
           serving or who shall be sentenced to a period of Probation upon
           conviction of any crime under Article Thirty-one of the Vehicle
           and Traffic Law and who is being supervised by the Montgomery
           County Probation Department shall pay to said Department an
           administrative fee of $30.00 per month, except as provided in
           Section 2 of this law.

SECTION 2. The Montgomery County Probation Department shall waive all or part
          of the fee imposed by Section 1 of this law where, because of the
          indigence of the offender, the payment of said fee would impose an
          unreasonable hardship on the person convicted, or on his or her
          immediate family, or on any other person who is dependant upon such
          person for financial support.

SECTION 3. The fee authorized by this local law shall not constitute nor be
          imposed as a condition of Probation.

SECTION 4. Monies collected pursuant to this local law shall be utilized for
          Probation services by the Montgomery County Probation Department
          and shall not be used to replace State or Federal funds otherwise
          utilized for Probation services.

SECTION 5. In the event of non-payment of any fees which have not been waived
          by the Montgomery County Probation Department, the provisions of
          subdivision 6 of §420.10 of the Criminal Procedure Law shall govern
          for purposes of collection of such fees, and in addition thereto
          the County may seek to enforce payment in any other manner
          permitted by law for enforcement of a debt.

,and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1710).  Supervisor Quackenbush was absent. (7/27/2010)