Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 -
1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld &
add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd
§§154 & 205, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub
5, §420.30 sub 3, CP L
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).
STATE OF NEW YORK
________________________________________________________________________
313
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN, JACKSON, KAVANAGH, KRUEGER,
MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SEPULVEDA, SERRANO, STAVI-
SKY -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Codes
AN ACT to amend the civil practice law and rules, the executive law, the
correction law, the vehicle and traffic law, the village law and the
state finance law, in relation to eliminating court surcharges and
fees; and to repeal certain provisions of the penal law, the vehicle
and traffic law, the correction law, the parks, recreation and histor-
ic preservation law, the executive law and the environmental conserva-
tion law relating thereto (Part A); to amend the penal law and the
vehicle and traffic law, in relation to prohibiting mandatory minimum
fines for penal law and vehicle and traffic offenses (Part B); to
amend the penal law and the vehicle and traffic law, in relation to
mandating that courts engage in an individualized assessment of a
person's financial ability to pay a fine prior to imposing a fine
(Part C); to amend the criminal procedure law, in relation to elimi-
nating the availability of incarceration as a remedy for a failure to
pay a fine, surcharge or fee, lifting and vacating all existing
warrants issued solely based on a person's failure to timely pay a
fine, surcharge or fee and ending all existing sentences of incarcera-
tion based on such failure; and to repeal certain provisions of the
criminal procedure law relating thereto (Part D); in relation to
vacating all existing unsatisfied civil judgments entered solely based
on a person's failure to timely pay a surcharge or fee and to repeal
certain provisions of the criminal procedure law relating thereto
(Part E); to amend the criminal procedure law, in relation to prohib-
iting the collection of a fine, restitution or reparation from the
funds of an incarcerated person; and to amend the correction law, in
relation to prohibiting the payment of court fines, mandatory
surcharges, certain fees, restitution, reparation or forfeitures from
the earnings of prisoners (Part F); and in relation to vacating all
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00485-02-3
S. 313 2
existing unpaid surcharges, DNA databank fees, crime victim assistance
fees, sexual offender registration fees, or supplemental sex offender
victim fees (Part G)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 relating to ending the unfair financial burdens imposed on defendants in
3 criminal, vehicle and traffic, or other types of criminal or quasi-cri-
4 minal matters by the existence of mandatory court surcharges and fees,
5 mandatory minimum fines and mandatory probation or parole fees. This
6 act further enacts into law procedures by which courts would be required
7 to engage in an individualized assessment of a person's financial abili-
8 ty to pay a fine prior to imposing a fine, eliminates the availability
9 of incarceration as a remedy for a failure to pay a fine, and vacates
10 all existing warrants or unsatisfied civil judgments issued solely based
11 on a person's failure to timely pay a fine, surcharge, or fee. Each
12 component is wholly contained within a Part identified as Parts A
13 through G. The effective date for each particular provision contained
14 within such Part is set forth in the last section of such Part. Any
15 provision in any section contained within a Part, including the effec-
16 tive date of the Part, which makes reference to a section "of this act",
17 when used in connection with that particular component, shall be deemed
18 to mean and refer to the corresponding section of the Part in which it
19 is found. Section four of this act sets forth the general effective
20 date of this act.
21 § 2. Legislative intent. The legislative intent of this act is to end
22 the inequitable financial burdens placed on defendants by the previously
23 enacted statutory provisions which have authorized or mandated the impo-
24 sition of surcharges, fees, and/or mandatory minimum fines, which have
25 had a disparate impact on poor defendants, people of color, and those
26 who lack access to the significant financial resources necessary in
27 order to satisfy the imposition of surcharges, fees, and fines, and
28 which have also contributed to mass incarceration in New York state. The
29 legislative intent is also to end New York's regressive reliance on
30 generating governmental revenue by imposing surcharges, fees, and fines
31 on those least able to pay.
32 PART A
33 Section 1. Section 60.35 of the penal law is REPEALED.
34 § 2. Section 1809 of the vehicle and traffic law is REPEALED.
35 § 3. Section 1809-a of the vehicle and traffic law is REPEALED.
36 § 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
37 § 5. Section 1809-b of the vehicle and traffic law is REPEALED.
38 § 6. Section 1809-c of the vehicle and traffic law is REPEALED.
39 § 7. Section 1809-d of the vehicle and traffic law is REPEALED.
40 § 8. Section 1809-e of the vehicle and traffic law is REPEALED.
41 § 9. Section 71-0213 of the environmental conservation law is
42 REPEALED.
43 § 10. The opening paragraph of paragraph 2 of subdivision (f) of
44 section 1101 of the civil practice law and rules, as amended by chapter
45 322 of the laws of 2021, is amended to read as follows:
S. 313 3
1 If the court determines that the incarcerated individual has insuffi-
2 cient means to pay the full filing fee, the court may permit the incar-
3 cerated individual to pay a reduced filing fee, the minimum of which
4 shall not be less than fifteen dollars and the maximum of which shall
5 not be more than fifty dollars. The court shall require an initial
6 payment of such portion of the reduced filing fee as the incarcerated
7 individual can reasonably afford or shall authorize no initial payment
8 of the fee if exceptional circumstances render the incarcerated individ-
9 ual unable to pay any fee; provided however, that the difference between
10 the amount of the reduced filing fee and the amount paid by the incar-
11 cerated individual in the initial partial payment shall be assessed
12 against the incarcerated individual as an outstanding obligation to be
13 collected either by the superintendent or the municipal official of the
14 facility at which the incarcerated individual is confined, as the case
15 may be[, in the same manner that mandatory surcharges are collected as
16 provided for in subdivision five of section 60.35 of the penal law]. The
17 court shall notify the superintendent or the municipal official of the
18 facility where the incarcerated individual is housed of the amount of
19 the reduced filing fee that was not directed to be paid by the incarcer-
20 ated individual. Thereafter, the superintendent or the municipal offi-
21 cial shall forward to the court any fee obligations that have been
22 collected, provided however, that:
23 § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
24 law, as amended by chapter 322 of the laws of 2021, subparagraph (i) as
25 amended by chapter 486 of the laws of 2022, is amended to read as
26 follows:
27 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
28 least one month prior to the date on which an incarcerated individual
29 may be paroled pursuant to subdivision one of section 70.40 of the penal
30 law, a member or members as determined by the rules of the board shall
31 personally interview such incarcerated individual and determine whether
32 he or she should be paroled in accordance with the guidelines adopted
33 pursuant to subdivision four of section two hundred fifty-nine-c of this
34 article. If parole is not granted upon such review, the incarcerated
35 individual shall be informed in writing within two weeks of such appear-
36 ance of the factors and reasons for such denial of parole. Such reasons
37 shall be given in detail and not in conclusory terms. The board shall
38 specify a date not more than twenty-four months from such determination
39 for reconsideration, and the procedures to be followed upon reconsider-
40 ation shall be the same. If the incarcerated individual is released, he
41 or she shall be given a copy of the conditions of parole. Such condi-
42 tions shall where appropriate, include a requirement that the parolee
43 comply with any restitution order, [mandatory surcharge, sex offender
44 registration fee and DNA databank fee] previously imposed by a court of
45 competent jurisdiction that applies to the parolee. The conditions shall
46 indicate which restitution collection agency established under subdivi-
47 sion eight of section 420.10 of the criminal procedure law, shall be
48 responsible for collection of restitution[, mandatory surcharge, sex
49 offender registration fees and DNA databank fees as provided for in
50 section 60.35 of the penal law and section eighteen hundred nine of the
51 vehicle and traffic law]. If the incarcerated individual is released, he
52 or she shall also be notified in writing that his or her voting rights
53 will be restored upon release.
54 (ii) Any incarcerated individual who is scheduled for presumptive
55 release pursuant to section eight hundred six of the correction law
56 shall not appear before the board as provided in subparagraph (i) of
S. 313 4
1 this paragraph unless such incarcerated individual's scheduled presump-
2 tive release is forfeited, canceled, or rescinded subsequently as
3 provided in such law. In such event, the incarcerated individual shall
4 appear before the board for release consideration as provided in subpar-
5 agraph (i) of this paragraph as soon thereafter as is practicable.
6 § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
7 law, as amended by chapter 486 of the laws of 2022, is amended to read
8 as follows:
9 (a) At least one month prior to the expiration of the minimum period
10 or periods of imprisonment fixed by the court or board, a member or
11 members as determined by the rules of the board shall personally inter-
12 view an incarcerated individual serving an indeterminate sentence and
13 determine whether he or she should be paroled at the expiration of the
14 minimum period or periods in accordance with the procedures adopted
15 pursuant to subdivision four of section two hundred fifty-nine-c of this
16 article. If parole is not granted upon such review, the incarcerated
17 individual shall be informed in writing within two weeks of such appear-
18 ance of the factors and reasons for such denial of parole. Such reasons
19 shall be given in detail and not in conclusory terms. The board shall
20 specify a date not more than twenty-four months from such determination
21 for reconsideration, and the procedures to be followed upon reconsider-
22 ation shall be the same. If the incarcerated individual is released, he
23 or she shall be given a copy of the conditions of parole. Such condi-
24 tions shall where appropriate, include a requirement that the parolee
25 comply with any restitution order [and mandatory surcharge] previously
26 imposed by a court of competent jurisdiction that applies to the paro-
27 lee. The conditions shall indicate which restitution collection agency
28 established under subdivision eight of section 420.10 of the criminal
29 procedure law, shall be responsible for collection of restitution [and
30 mandatory surcharge as provided for in section 60.35 of the penal law
31 and section eighteen hundred nine of the vehicle and traffic law]. If
32 the incarcerated individual is released, he or she shall also be noti-
33 fied in writing that his or her voting rights will be restored upon
34 release.
35 § 12-a. Section 257-c of the executive law is REPEALED and a new
36 section 257-c is added to read as follows:
37 § 257-c. Probation fees prohibited. Notwithstanding any other
38 provision of law, no county or city may require individuals currently
39 serving or who shall be sentenced to a period of probation upon
40 conviction of any crime to pay any fee, including but not limited to an
41 administrative fee, supervision fee, monitoring fee, testing fee, or
42 screening fee, to the local probation department with the responsibility
43 of supervising the probationer. Nothing in this section shall be
44 construed to affect the collection of restitution payments pursuant to
45 sections 65.10 and 60.27 of the penal law and subdivision eight of
46 section 420.10 of the criminal procedure law.
47 § 12-b. Paragraph (a) of subdivision 2 of section 205 of the
48 correction law, as amended by chapter 491 of the laws of 2021, is
49 amended to read as follows:
50 (a) A merit termination granted by the department under this section
51 shall constitute a termination of the sentence with respect to which it
52 was granted. No such merit termination shall be granted unless the
53 department is satisfied that termination of sentence from presumptive
54 release, parole, conditional release or post-release supervision is in
55 the best interest of society[, and that the parolee or releasee, other-
56 wise financially able to comply with an order of restitution and the
S. 313 5
1 payment of any mandatory surcharge previously imposed by a court of
2 competent jurisdiction, has made a good faith effort to comply there-
3 with].
4 § 12-c. Subdivisions 1 and 3 of section 259-j of the executive law, as
5 amended by section 38-g of subpart A of part C of chapter 62 of the laws
6 of 2011, are amended to read as follows:
7 1. Except where a determinate sentence was imposed for a felony other
8 than a felony defined in article two hundred twenty [or article two
9 hundred twenty-one] of the penal law, if the board of parole is satis-
10 fied that an absolute discharge from presumptive release, parole, condi-
11 tional release or release to a period of post-release supervision is in
12 the best interests of society, the board may grant such a discharge
13 prior to the expiration of the full term or maximum term to any person
14 who has been on unrevoked community supervision for at least three
15 consecutive years. A discharge granted under this section shall consti-
16 tute a termination of the sentence with respect to which it was granted.
17 [No such discharge shall be granted unless the board is satisfied that
18 the parolee or releasee, otherwise financially able to comply with an
19 order of restitution and the payment of any mandatory surcharge, sex
20 offender registration fee or DNA databank fee previously imposed by a
21 court of competent jurisdiction, has made a good faith effort to comply
22 therewith.]
23 3. Notwithstanding any other provision of this section to the contra-
24 ry, where a term of post-release supervision in excess of five years has
25 been imposed on a person convicted of a crime defined in article one
26 hundred thirty of the penal law, including a sexually motivated felony,
27 the board of parole may grant a discharge from post-release supervision
28 prior to the expiration of the maximum term of post-release supervision.
29 Such a discharge may be granted only after the person has served at
30 least five years of post-release supervision, and only to a person who
31 has been on unrevoked post-release supervision for at least three
32 consecutive years. No such discharge shall be granted unless the board
33 of parole or the department acting pursuant to its responsibility under
34 subdivision one of section two hundred one of the correction law
35 consults with any licensed psychologist, qualified psychiatrist, or
36 other mental health professional who is providing care or treatment to
37 the supervisee; and the board[: (a)] determines that a discharge from
38 post-release supervision is in the best interests of society[; and (b)
39 is satisfied that the supervisee, otherwise financially able to comply
40 with an order of restitution and the payment of any mandatory surcharge,
41 sex offender registration fee, or DNA data bank fee previously imposed
42 by a court of competent jurisdiction, has made a good faith effort to
43 comply therewith]. Before making a determination to discharge a person
44 from a period of post-release supervision, the board of parole may
45 request that the commissioner of the office of mental health arrange a
46 psychiatric evaluation of the supervisee. A discharge granted under this
47 section shall constitute a termination of the sentence with respect to
48 which it was granted.
49 § 13. Subdivision 5 of section 27.12 of the parks, recreation and
50 historic preservation law is REPEALED and subdivision 6 is renumbered
51 subdivision 5.
52 § 14. Subdivision 4 of section 60.02 of the penal law is renumbered
53 subdivision 3.
54 § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
55 503 of the vehicle and traffic law, as amended by section 3 of part PP
56 of chapter 59 of the laws of 2009, is amended to read as follows:
S. 313 6
1 (i) When a license issued pursuant to this article, or a privilege of
2 operating a motor vehicle or of obtaining such a license, has been
3 suspended based upon a failure to answer an appearance ticket or a
4 summons [or failure to pay a fine, penalty or mandatory surcharge],
5 pursuant to subdivision three of section two hundred twenty-six, subdi-
6 vision four of section two hundred twenty-seven, or subdivision four-a
7 of section five hundred ten [or subdivision five-a of section eighteen
8 hundred nine] of this chapter, such suspension shall remain in effect
9 until a termination of a suspension fee of seventy dollars [is paid] to
10 the court or tribunal that initiated the suspension of such license or
11 privilege. In no event may the aggregate of the fees imposed by an indi-
12 vidual court pursuant to this paragraph for the termination of all
13 suspensions that may be terminated as a result of a person's answers, or
14 appearances [or payments] made in such cases pending before such indi-
15 vidual court exceed four hundred dollars. For the purposes of this para-
16 graph, the various locations of the administrative tribunal established
17 under article two-A of this chapter shall be considered an individual
18 court.
19 § 16. Section 4-411 of the village law, as amended by section 12 of
20 part F of chapter 62 of the laws of 2003, is amended to read as follows:
21 § 4-411 Disposition of fines and penalties. Except as otherwise
22 provided by law, all fines and penalties imposed for the violation of a
23 village local law, ordinance or regulation shall be the property of the
24 village, whether or not the village has established the office of
25 village justice. [Nothing in this section shall be deemed to affect the
26 disposition of mandatory surcharges, sex offender registration fees, DNA
27 databank fees or crime victim assistance fees as provided by section
28 60.35 of the penal law, or of mandatory surcharges as provided by
29 section eighteen hundred nine of the vehicle and traffic law, or of
30 fines, penalties and forfeitures as provided by section eighteen hundred
31 three of the vehicle and traffic law relating to traffic offenses.]
32 § 17. Subdivision 2 of section 837-i of the executive law, as added by
33 chapter 166 of the laws of 1991, is amended to read as follows:
34 2. The commissioner in consultation with the chief executive officers
35 of cities with a population in excess of one hundred thousand persons
36 according to the nineteen hundred eighty United States census shall
37 establish a system to record and monitor the issuance and disposition of
38 parking tickets[, to monitor the collection of the mandatory surcharge
39 required by section eighteen hundred nine-a of the vehicle and traffic
40 law] and to receive information from cities for this purpose. Each such
41 city shall report on such parking violations on a monthly basis in the
42 form and manner prescribed by the commissioner including, but not limit-
43 ed to, the parking tickets issued, the dispositions of such tickets and
44 the amount of fines[,] and penalties [and mandatory surcharges]
45 collected. The commissioner shall collect, process and analyze such
46 information and present periodic reports on the parking violations
47 enforcement and disposition program.
48 § 18. Section 837-j of the executive law is REPEALED.
49 § 19. Subdivision 1 of section 837-i of the executive law, as added by
50 chapter 166 of the laws of 1991, is amended to read as follows:
51 1. The commissioner, in cooperation with the commissioner of the
52 department of motor vehicles, and in consultation with the chief execu-
53 tive officers of cities with a population in excess of one hundred thou-
54 sand persons according to the nineteen hundred eighty United States
55 census shall prescribe the form and content of uniform parking tickets
56 for such cities in all cases involving a parking, standing or stopping
S. 313 7
1 violation as defined in accordance with the vehicle and traffic law,
2 hereinafter referred to as parking violations, or of any local law,
3 ordinance, rule or regulation adopted pursuant to the vehicle and traf-
4 fic law relating to parking violations. [Upon written application of the
5 chief executive officer of any such city, the commissioner, after
6 consultation with the commissioner of the department of motor vehicles,
7 may authorize the use of a parking ticket other than the uniform parking
8 ticket prescribed pursuant to this section if he or she determines that
9 use of such other parking ticket is not inconsistent with, and will not
10 diminish the effectiveness of, the parking violations enforcement and
11 disposition program established pursuant to section eight hundred thir-
12 ty-seven-j of this chapter, and may also authorize for a specified time
13 period the use of a parking ticket which was used by such city on or
14 before the effective date of this section.]
15 § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
16 section 235 of the vehicle and traffic law, as separately added by chap-
17 ters 421, 460, and 773 of the laws of 2021, is amended to read as
18 follows:
19 (E) that submission of a plea of guilty to the parking violation makes
20 the owner liable for payment of the stated fine and additional penalties
21 imposed pursuant to paragraph b of this subdivision [and the mandatory
22 surcharge of fifteen dollars imposed upon parking violations pursuant to
23 section eighteen hundred nine-a of this chapter].
24 § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law,
25 as added by chapter 497 of the laws of 1999, is amended to read as
26 follows:
27 4. Every county and the city of New York that establishes a hand-
28 icapped parking education program shall establish a separate handicapped
29 parking education fund in the custody of the chief fiscal officer of
30 each such county or city, by April first, two thousand[, which shall
31 consist of moneys granted to such county or city pursuant to section
32 eighteen hundred nine-b of this chapter]. No provision of law shall be
33 deemed to preclude a county or the city of New York from receiving funds
34 [from other sources] to be deposited in the handicapped parking educa-
35 tion fund, provided such funds are used in a manner and for purposes
36 consistent with this section. The moneys of such fund shall be disbursed
37 to provide education, advocacy and increased awareness of handicapped
38 parking laws and may be used to execute contracts with private organiza-
39 tions for such purposes. Such contracts shall be awarded upon compet-
40 itive bids after the issuance of requests for proposal.
41 § 22. Subdivision 2 of section 99-n of the state finance law, as added
42 by chapter 223 of the laws of 2005, is amended to read as follows:
43 2. The fund shall consist of all monies appropriated for its
44 purpose[,] and all monies required by this section or any other
45 provision of law to be paid into or credited to such fund[, collected by
46 the mandatory surcharges imposed pursuant to subdivision one of section
47 eighteen hundred nine-d of the vehicle and traffic law]. Nothing
48 contained in this section shall prevent the department of motor vehicles
49 from receiving grants or other appropriations for the purposes of the
50 fund as defined in this section and depositing them into the fund
51 according to law.
52 § 23. This act shall take effect immediately; provided however that
53 the amendments to subdivision (f) of section 1101 of the civil practice
54 law and rules made by section ten of this act shall not affect the expi-
55 ration of such subdivision and shall be deemed to expire therewith; and
56 provided further, however, that the amendments to paragraph (a) of
S. 313 8
1 subdivision 2 of section 259-i of the executive law made by section
2 eleven of this act shall be subject to the expiration and reversion of
3 such paragraph pursuant to subdivision d of section 74 of chapter 3 of
4 the laws of 1995, as amended, when upon such date the provisions of
5 section twelve of this act shall take effect.
6 PART B
7 Section 1. The penal law is amended by adding a new section 80.20 to
8 read as follows:
9 § 80.20 Mandatory minimum fines prohibited.
10 Notwithstanding any other provision of law, no offense shall carry a
11 mandatory minimum fine.
12 § 2. Section 1800 of the vehicle and traffic law is amended by adding
13 a new subdivision (j) to read as follows:
14 (j) Notwithstanding any other provision of law, no offense described
15 in this chapter shall carry a mandatory minimum fine.
16 § 3. This act shall take effect immediately.
17 PART C
18 Section 1. Section 80.05 of the penal law is amended by adding a new
19 subdivision 7 to read as follows:
20 7. Individualized assessment. When imposing a fine pursuant to the
21 provisions of this section, the court shall consider the profit gained
22 by the defendant's conduct, whether the amount of the fine is dispropor-
23 tionate to the conduct in which the defendant engaged, the impact on any
24 victims, and the defendant's economic circumstances, including the
25 defendant's ability to pay, the effect of the fine upon his or her imme-
26 diate family or any other persons to whom the defendant owes an obli-
27 gation of support. In addition, when imposing a fine the court shall
28 establish such payment schedules as are fair and reasonable taking into
29 consideration the defendant's economic circumstances.
30 § 2. The vehicle and traffic law is amended by adding a new section
31 1811 to read as follows:
32 § 1811. Fines; individualized assessment. When imposing a fine pursu-
33 ant to the provisions of this section, the court shall consider the
34 profit gained by the defendant's conduct, whether the amount of the fine
35 is disproportionate to the conduct in which the defendant engaged, the
36 impact on any victims, and the defendant's economic circumstances,
37 including the defendant's ability to pay, the effect of the fine upon
38 his or her immediate family or any other persons to whom the defendant
39 owes an obligation of support. In addition, when imposing a fine the
40 court shall establish such payment schedules as are fair and reasonable
41 taking into consideration the defendant's economic circumstances.
42 § 3. Collection and reporting on data relating to fines. (a) It shall
43 be the duty of a court of record or administrative tribunal to report
44 data to the division of criminal justice services on the disposition and
45 collection of all fines imposed pursuant to the penal law and vehicle
46 and traffic law. Such data shall include, at minimum, information on the
47 number of fines imposed; the provision of law pursuant to which each
48 fine was imposed; the amount of the fine; the court that issued the
49 fine; the outcome of any individualized assessment conducted pursuant to
50 section 80.05 of the penal law or section 1811 of the vehicle and traf-
51 fic law; the amount of the fine that has been paid, if any; and the
S. 313 9
1 race, ethnicity, age, and sex of the person for whom the fine was
2 imposed.
3 (b) All data collected pursuant to this section shall be a public
4 record. The division shall be charged with compiling such data in an
5 annual report to be made available on the division's website.
6 § 4. This act shall take effect immediately.
7 PART D
8 Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal
9 procedure law are REPEALED.
10 § 2. Section 420.35 of the criminal procedure law is REPEALED.
11 § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
12 separately amended by chapters 233 and 506 of the laws of 1985, the
13 second undesignated paragraph as amended by chapter 618 of the laws of
14 1992, the closing paragraph as amended by chapter 322 of the laws of
15 2021, is amended to read as follows:
16 5. Application for resentence. In any case where the defendant is
17 unable to pay a fine, restitution or reparation imposed by the court, he
18 may at any time apply to the court for resentence. In such case, if the
19 court is satisfied that the defendant is unable to pay the fine, resti-
20 tution or reparation it must:
21 (a) Adjust the terms of payment; or
22 (b) Lower the amount of the fine, restitution or reparation to an
23 amount the defendant is able to pay, or revoke it entirely from the
24 sentence if the defendant has no ability to pay; or
25 (c) [Where the sentence consists of probation or imprisonment and a
26 fine, restitution or reparation, revoke the portion of the sentence
27 imposing the fine, restitution or reparation; or
28 (d)] Revoke the entire sentence imposed and resentence the defendant.
29 Upon such resentence the court may impose any sentence it originally
30 could have imposed, except that the amount of any fine, restitution or
31 reparation imposed may not be in excess of the amount the defendant is
32 able to pay and that the court may not sentence the defendant to any
33 term of imprisonment, probation, or post-release supervision in excess
34 of any such term imposed by the original sentence.
35 In any case where the defendant applies for resentencing with respect
36 to any condition of the sentence relating to restitution or reparation
37 the court must order that notice of such application and a reasonable
38 opportunity to be heard be given to the person or persons given notice
39 pursuant to subdivision one of this section. If the court grants the
40 defendant's application by changing the original order for restitution
41 or reparation in any manner, the court must place the reasons therefor
42 on the record.
43 [For the purposes of this subdivision, the court shall not determine
44 that the defendant is unable to pay the fine, restitution or reparation
45 ordered solely because of such defendant's incarceration but shall
46 consider all the defendant's sources of income including, but not limit-
47 ed to, moneys in the possession of an incarcerated individual at the
48 time of his or her admission into such facility, funds earned by him or
49 her in a work release program as defined in subdivision four of section
50 one hundred fifty of the correction law, funds earned by him or her as
51 provided for in section one hundred eighty-seven of the correction law
52 and any other funds received by him or her or on his or her behalf and
53 deposited with the superintendent or the municipal official of the
54 facility where the person is confined.]
S. 313 10
1 In determining whether an incarcerated defendant is able to pay a
2 fine, restitution, or reparation, the court shall not consider income
3 earned pursuant to subdivision four of section one hundred fifty of the
4 correction law, income earned pursuant to section one hundred eighty-
5 seven of the correction law, or funds received by the defendant or on
6 the defendant's behalf and deposited with the superintendent or the
7 municipal official of the facility where the person is confined.
8 § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
9 amended by chapter 3 of the laws of 1995, is amended to read as follows:
10 1. Applicability. The procedure specified in this section governs
11 remission of fines, restitution or reparation [in all cases not covered
12 by subdivision four of section 420.10].
13 § 5. The criminal procedure law is amended by adding a new section
14 420.11 to read as follows:
15 § 420.11 Warrants and sentences of incarceration; effectiveness.
16 1. All warrants issued prior to the effective date of this section
17 pursuant to the provisions of subdivision three of section 420.10 of
18 this article as such subdivision existed prior to the effective date of
19 this section and/or the provisions of subdivision one of section 420.35
20 of this article as such subdivision existed prior to the effective date
21 of this section solely based on the alleged failure on the part of a
22 defendant to timely pay, and/or to appear on a court date set for the
23 sole purpose of payment of, a fine, restitution, reparation, surcharge,
24 DNA databank fee, crime victim assistance fee, sexual offender registra-
25 tion fee, and/or supplemental sex offender victim fee, are deemed to be
26 null and void.
27 2. The office of court administration, in consultation with such other
28 state or municipal agencies as necessary, shall establish procedures to
29 formally rescind all warrants issued prior to the effective date of this
30 section pursuant to the provisions of subdivision three of section
31 420.10 of this article as such subdivision existed prior to the effec-
32 tive date of this section and/or the provisions of subdivision one of
33 section 420.35 of this article as such subdivision existed prior to the
34 effective date of this section solely based on the alleged failure on
35 the part of a defendant to timely pay, and/or to appear on a court date
36 set for the sole purpose of payment of, a fine, restitution, reparation,
37 surcharge, DNA databank fee, crime victim assistance fee, sexual offen-
38 der registration fee, and/or supplemental sex offender victim fee. Such
39 procedures shall not require any affirmative actions on the part of any
40 defendant subject to any such warrant. Such procedures shall be
41 designed and implemented so as to accomplish the rescinding of all such
42 warrants within six months of the effective date of this section.
43 3. All sentences of incarceration imposed prior to the effective date
44 of this section pursuant to the provisions of subdivision three of
45 section 420.10 of this article as such subdivision existed prior to the
46 effective date of this section, subdivision five of section 420.10 of
47 this article, or section 420.35 of this article as such section existed
48 prior to the effective date of this section based solely on the alleged
49 failure on the part of a defendant to timely pay, or timely appear on a
50 court date scheduled for the purposes of payment of, a fine, restitu-
51 tion, reparation, surcharge, DNA databank fee, crime victim assistance
52 fee, sexual offender registration fee, or supplemental sex offender
53 victim fee are deemed to be null and void and any person serving such a
54 sentence shall be released from custody immediately.
55 4. The office of court administration, in consultation with such other
56 state or municipal agencies as is necessary, shall establish procedures
S. 313 11
1 to formally rescind all sentences of incarceration imposed prior to the
2 effective date of this section pursuant to the provisions of subdivision
3 three of section 420.10 of this article as such subdivision existed
4 prior to the effective date of this section or section 420.35 of this
5 article as such section existed prior to the effective date of this
6 section based solely on the alleged failure on the part of a defendant
7 to timely pay a fine, restitution, reparation, surcharge, DNA databank
8 fee, crime victim assistance fee, sexual offender registration fee, or
9 supplemental sex offender victim fee. Such procedures shall not require
10 any affirmative actions on the part of any defendant subject to any such
11 sentence.
12 § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
13 amended by chapter 788 of the laws of 1971, is amended to read as
14 follows:
15 1. In general. When a sentence of imprisonment is pronounced, [or when
16 th sentence consists of a fine and the court has directed that the
17 defendant be imprisoned until it is satisfied,] the defendant must
18 forthwith be committed to the custody of the appropriate public servant
19 and detained until the sentence is complied with.
20 § 7. Subdivision 5 of section 430.20 of the criminal procedure law is
21 REPEALED.
22 § 8. This act shall take effect immediately.
23 PART E
24 Section 1. All unsatisfied civil judgments issued prior to the effec-
25 tive date of this act pursuant to the provisions of subdivision 5 of
26 section 420.40 of the criminal procedure law solely based on the alleged
27 failure on the part of a defendant to timely pay, and/or to appear on a
28 court date set for the sole purpose of payment of a surcharge, DNA data-
29 bank fee, crime victim assistance fee, sexual offender registration fee,
30 or supplemental sex offender victim fee are deemed to be null and void
31 and, for all legal purposes, vacated and discharged.
32 § 2. The office of court administration, in consultation with such
33 other state or municipal agencies as necessary, shall establish proce-
34 dures to formally vacate and discharge all unsatisfied civil judgments
35 entered prior to the effective date of this act pursuant to the
36 provisions of subdivision 5 of section 420.40 of the criminal procedure
37 law solely based on the alleged failure on the part of a defendant to
38 timely pay, and/or to appear on a court date set for the sole purpose of
39 payment of, a surcharge, DNA databank fee, crime victim assistance fee,
40 sexual offender registration fee, or supplemental sex offender victim
41 fee. Such procedures shall not require any affirmative actions on the
42 part of any defendant subject to any such civil judgment. Such proce-
43 dures shall be designed and implemented so as to accomplish the vacatur
44 and discharge of all such civil judgments within six months of the
45 effective date of this act.
46 § 3. Subdivision 3 of section 420.30 of the criminal procedure law is
47 REPEALED.
48 § 4. This act shall take effect immediately.
49 PART F
50 Section 1. Section 420.10 of the criminal procedure law is amended by
51 adding a new subdivision 9 to read as follows:
S. 313 12
1 9. In no case shall a fine, restitution, or reparation be collected
2 out of the funds of a person who is presently incarcerated, including
3 funds earned by the person in a work release program as defined in
4 subdivision four of section one hundred fifty of the correction law,
5 funds earned by a person as provided for in section one hundred eighty-
6 seven of the correction law, and any other funds received by the person
7 or on the person's behalf and deposited with the superintendent or the
8 municipal official of the facility where the person is confined.
9 § 2. Section 154 of the correction law, as added by chapter 788 of the
10 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
11 62 of the laws of 2003, is amended to read as follows:
12 § 154. Disposition of Earnings. The earnings of a prisoner participat-
13 ing in a work release program, less any payroll deductions required or
14 authorized by law, shall be deposited with the department in a trust
15 fund account. Such earnings shall not be subject to attachment or
16 garnishment in the hands of the department. The commissioner is author-
17 ized to provide for disbursements from the trust fund account for any or
18 all of the following purposes:
19 1. Such costs incident to the prisoner's confinement as the commis-
20 sioner deems appropriate and reasonable.
21 2. Such costs related to the prisoner's work release program as the
22 commissioner deems appropriate and reasonable.
23 3. Support of the prisoner's dependents.
24 [4. Payment of court fines, mandatory surcharge, sex offender regis-
25 tration fee, DNA databank fee, restitution or reparation, or forfei-
26 tures.]
27 The balance of such earnings, if any, after disbursements for any of
28 the foregoing purposes shall be paid to the prisoner upon termination of
29 his imprisonment.
30 § 3. This act shall take effect immediately.
31 PART G
32 Section 1. All orders issued prior to the effective date of this act
33 directing payment by a defendant of a surcharge, DNA databank fee, crime
34 victim assistance fee, sexual offender registration fee, supplemental
35 sex offender victim fee, probation supervision fee or parole supervision
36 fee are deemed to be null and void and, such orders are for all legal
37 purposes, vacated and discharged. Pursuant to this section, any exist-
38 ing encumbrances on commissary accounts or similar accounts held by a
39 correctional facility, jail, or detention facility shall be lifted and
40 deemed null and void.
41 § 2. This act shall take effect immediately.
42 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
43 sion, section or part of this act shall be adjudged by any court of
44 competent jurisdiction to be invalid, such judgment shall not affect,
45 impair, or invalidate the remainder thereof, but shall be confined in
46 its operation to the clause, sentence, paragraph, subdivision, section
47 or part thereof directly involved in the controversy in which such judg-
48 ment shall have been rendered. It is hereby declared to be the intent of
49 the legislature that this act would have been enacted even if such
50 invalid provisions had not been included herein.
51 § 4. This act shall take effect immediately provided, however, that
52 the applicable effective date of Parts A through G of this act shall be
53 as specifically set forth in the last section of such Parts.
