Bill Text: NY A11083 | 2019-2020 | General Assembly | Introduced
Bill Title: Eliminates court surcharges and 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); 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 G); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part H).
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-10-07 - referred to codes [A11083 Detail]
Download: New_York-2019-A11083-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11083 IN ASSEMBLY October 7, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Niou) -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, the executive 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 parks, recreation and historic preservation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to prohib- iting 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 eliminating 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 incarceration 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 relat- ing thereto (Part E); to amend the criminal procedure law, in relation to prohibiting 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); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating 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 G); and in relation to vacating all existing unpaid surcharges, DNA data- bank fees, crime victim assistance fees, sexual offender registration EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15574-03-0A. 11083 2 fees, or supplemental sex offender victim fees; and to repeal subdivi- sion 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) 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 and mandatory minimum fines. This act further enacts into law procedures 6 by which courts would be required to engage in an individualized assess- 7 ment of a person's financial ability to pay a fine prior to imposing a 8 fine, eliminates the availability of incarceration as a remedy for a 9 failure to pay a fine, and vacates all existing warrants or unsatisfied 10 civil judgments issued solely based on a person's failure to timely pay 11 a fine, surcharge, or fee. Each component is wholly contained within a 12 Part identified as Parts A through H. The effective date for each 13 particular provision contained within such Part is set forth in the last 14 section of such Part. Any provision in any section contained within a 15 Part, including the effective date of the Part, which makes reference to 16 a section "of this act", when used in connection with that particular 17 component, shall be deemed to mean and refer to the corresponding 18 section of the Part in which it is found. Section four of this act sets 19 forth the general effective date of this act. 20 § 2. Legislative intent. The legislative intent of this act is to end 21 the inequitable financial burdens placed on defendants by the previously 22 enacted statutory provisions which have authorized or mandated the impo- 23 sition of surcharges, fees, and/or mandatory minimum fines, which have 24 had a disparate impact on poor defendants, people of color, and those 25 who lack access to the significant financial resources necessary in 26 order to satisfy the imposition of surcharges, fees, and fines, and 27 which have also contributed to mass incarceration in New York state. The 28 legislative intent is also to end New York's regressive reliance on 29 generating governmental revenue by imposing surcharges, fees, and fines 30 on those least able to pay. 31 PART A 32 Section 1. Section 60.35 of the penal law is REPEALED. 33 § 2. Section 1809 of the vehicle and traffic law is REPEALED. 34 § 3. Section 1809-a of the vehicle and traffic law is REPEALED. 35 § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. 36 § 5. Section 1809-b of the vehicle and traffic law is REPEALED. 37 § 6. Section 1809-c of the vehicle and traffic law is REPEALED. 38 § 7. Section 1809-d of the vehicle and traffic law is REPEALED. 39 § 8. Section 1809-e of the vehicle and traffic law is REPEALED. 40 § 9. Section 71-0213 of the environmental conservation law is 41 REPEALED. 42 § 10. Subdivision (f) of section 1101 of the civil practice law and 43 rules, as added by section 1 of part D of chapter 412 of the laws of 44 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by 45 section 51 of subpart B of part C of chapter 62 of the laws of 2011, is 46 amended to read as follows:A. 11083 3 1 (f) Fees for inmates. 1. Notwithstanding any other provision of law to 2 the contrary, a federal, state or local inmate under sentence for 3 conviction of a crime may seek to commence his or her action or proceed- 4 ing by paying a reduced filing fee as provided in paragraph two of this 5 subdivision. Such inmate shall file the form affidavit referred to in 6 subdivision (d) of this section along with the summons and complaint or 7 summons with notice or third-party summons and complaint or petition or 8 notice of petition or order to show cause. As part of such application, 9 the inmate shall indicate the name and mailing address of the facility 10 at which he or she is confined along with the name and mailing address 11 of any other federal, state or local facility at which he or she was 12 confined during the preceding six month period. The case will be given 13 an index number if applicable, or, in courts other than the supreme or 14 county courts, any necessary filing number and the application will be 15 submitted to a judge of the court. Upon receipt of the application, the 16 court shall obtain from the appropriate official of the facility at 17 which the inmate is confined a certified copy of the inmate's trust fund 18 account statement (or institutional equivalent) for the six month period 19 preceding filing of the inmate's application. If the inmate has been 20 confined for less than six months at such facility, the court shall 21 obtain additional information as follows: 22 (i) in the case of a state inmate who has been transferred from anoth- 23 er state correctional facility, the court shall obtain a trust fund 24 account statement for the six month period from the central office of 25 the department of corrections and community supervision in Albany; or 26 (ii) in the case of a state inmate who is newly transferred from a 27 federal or local correctional facility, the court shall obtain any trust 28 fund account statement currently available from such facility. The court 29 may, in its discretion, seek further information from the prior or 30 current facility. 31 2. If the court determines that the inmate has insufficient means to 32 pay the full filing fee, the court may permit the inmate to pay a 33 reduced filing fee, the minimum of which shall not be less than fifteen 34 dollars and the maximum of which shall not be more than fifty dollars. 35 The court shall require an initial payment of such portion of the 36 reduced filing fee as the inmate can reasonably afford or shall author- 37 ize no initial payment of the fee if exceptional circumstances render 38 the inmate unable to pay any fee; provided however, that the difference 39 between the amount of the reduced filing fee and the amount paid by the 40 inmate in the initial partial payment shall be assessed against the 41 inmate as an outstanding obligation to be collected either by the super- 42 intendent or the municipal official of the facility at which the inmate 43 is confined, as the case may be[, in the same manner that mandatory44surcharges are collected as provided for in subdivision five of section4560.35 of the penal law]. The court shall notify the superintendent or 46 the municipal official of the facility where the inmate is housed of the 47 amount of the reduced filing fee that was not directed to be paid by the 48 inmate. Thereafter, the superintendent or the municipal official shall 49 forward to the court any fee obligations that have been collected, 50 provided however, that: 51 (i) in no event shall the filing fee collected exceed the amount of 52 fees required for the commencement of an action or proceeding; and 53 (ii) in no event shall an inmate be prohibited from proceeding for the 54 reason that the inmate has no assets and no means by which to pay the 55 initial partial filing fee.A. 11083 4 1 3. The institution at which an inmate is confined, or the central 2 office for the department of corrections and community supervision, 3 whichever is applicable, shall promptly provide the trust fund account 4 statement to the inmate as required by this subdivision. 5 4. Whenever any federal, state or local inmate obtains a judgment in 6 connection with any action or proceeding which exceeds the amount of the 7 filing fee, paid in accordance with the provisions of this subdivision 8 for commencing such action or proceeding, the court shall award to the 9 prevailing inmate, as a taxable disbursement, the actual amount of any 10 fee paid to commence the action or proceeding. 11 5. The provisions of this subdivision shall not apply to a proceeding 12 commenced pursuant to article seventy-eight of this chapter which 13 alleges a failure to correctly award or certify jail time credit due an 14 inmate, in violation of section six hundred-a of the correction law and 15 section 70.30 of the penal law. 16 § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive 17 law, as amended by section 38-f-1 of subpart A of part C of chapter 62 18 of the laws of 2011, is amended to read as follows: 19 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 20 least one month prior to the date on which an inmate may be paroled 21 pursuant to subdivision one of section 70.40 of the penal law, a member 22 or members as determined by the rules of the board shall personally 23 interview such inmate and determine whether he should be paroled in 24 accordance with the guidelines adopted pursuant to subdivision four of 25 section two hundred fifty-nine-c of this article. If parole is not 26 granted upon such review, the inmate shall be informed in writing within 27 two weeks of such appearance of the factors and reasons for such denial 28 of parole. Such reasons shall be given in detail and not in conclusory 29 terms. The board shall specify a date not more than twenty-four months 30 from such determination for reconsideration, and the procedures to be 31 followed upon reconsideration shall be the same. If the inmate is 32 released, he shall be given a copy of the conditions of parole. Such 33 conditions shall where appropriate, include a requirement that the paro- 34 lee comply with any restitution order, mandatory surcharge, sex offender 35 registration fee and DNA databank fee previously imposed by a court of 36 competent jurisdiction that applies to the parolee. The conditions shall 37 indicate which restitution collection agency established under subdivi- 38 sion eight of section 420.10 of the criminal procedure law, shall be 39 responsible for collection of restitution[, mandatory surcharge, sex40offender registration fees and DNA databank fees as provided for in41section 60.35 of the penal law and section eighteen hundred nine of the42vehicle and traffic law]. 43 (ii) Any inmate who is scheduled for presumptive release pursuant to 44 section eight hundred six of the correction law shall not appear before 45 the board as provided in subparagraph (i) of this paragraph unless such 46 inmate's scheduled presumptive release is forfeited, canceled, or 47 rescinded subsequently as provided in such law. In such event, the 48 inmate shall appear before the board for release consideration as 49 provided in subparagraph (i) of this paragraph as soon thereafter as is 50 practicable. 51 § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive 52 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 53 of the laws of 2011, is amended to read as follows: 54 (a) At least one month prior to the expiration of the minimum period 55 or periods of imprisonment fixed by the court or board, a member or 56 members as determined by the rules of the board shall personally inter-A. 11083 5 1 view an inmate serving an indeterminate sentence and determine whether 2 he should be paroled at the expiration of the minimum period or periods 3 in accordance with the procedures adopted pursuant to subdivision four 4 of section two hundred fifty-nine-c of this article. If parole is not 5 granted upon such review, the inmate shall be informed in writing within 6 two weeks of such appearance of the factors and reasons for such denial 7 of parole. Such reasons shall be given in detail and not in conclusory 8 terms. The board shall specify a date not more than twenty-four months 9 from such determination for reconsideration, and the procedures to be 10 followed upon reconsideration shall be the same. If the inmate is 11 released, he shall be given a copy of the conditions of parole. Such 12 conditions shall where appropriate, include a requirement that the paro- 13 lee comply with any restitution order and mandatory surcharge previously 14 imposed by a court of competent jurisdiction that applies to the paro- 15 lee. The conditions shall indicate which restitution collection agency 16 established under subdivision eight of section 420.10 of the criminal 17 procedure law, shall be responsible for collection of restitution [and18mandatory surcharge as provided for in section 60.35 of the penal law19and section eighteen hundred nine of the vehicle and traffic law]. 20 § 13. Subdivision 5 of section 27.12 of the parks, recreation and 21 historic preservation law is REPEALED and subdivision 6 is renumbered 22 subdivision 5. 23 § 14. Subdivision 4 of section 60.02 of the penal law is renumbered 24 subdivision 3. 25 § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 26 503 of the vehicle and traffic law, as amended by section 3 of part PP 27 of chapter 59 of the laws of 2009, is amended to read as follows: 28 (i) When a license issued pursuant to this article, or a privilege of 29 operating a motor vehicle or of obtaining such a license, has been 30 suspended based upon a failure to answer an appearance ticket or a 31 summons or failure to pay a fine, penalty or mandatory surcharge, pursu- 32 ant to subdivision three of section two hundred twenty-six, subdivision 33 four of section two hundred twenty-seven, or subdivision four-a of 34 section five hundred ten [or subdivision five-a of section eighteen35hundred nine] of this chapter, such suspension shall remain in effect 36 until a termination of a suspension fee of seventy dollars is paid to 37 the court or tribunal that initiated the suspension of such license or 38 privilege. In no event may the aggregate of the fees imposed by an indi- 39 vidual court pursuant to this paragraph for the termination of all 40 suspensions that may be terminated as a result of a person's answers, 41 appearances or payments made in such cases pending before such individ- 42 ual court exceed four hundred dollars. For the purposes of this para- 43 graph, the various locations of the administrative tribunal established 44 under article two-A of this chapter shall be considered an individual 45 court. 46 § 16. Section 4-411 of the village law, as amended by section 12 of 47 part F of chapter 62 of the laws of 2003, is amended to read as follows: 48 § 4-411 Disposition of fines and penalties. Except as otherwise 49 provided by law, all fines and penalties imposed for the violation of a 50 village local law, ordinance or regulation shall be the property of the 51 village, whether or not the village has established the office of 52 village justice. [Nothing in this section shall be deemed to affect the53disposition of mandatory surcharges, sex offender registration fees, DNA54databank fees or crime victim assistance fees as provided by section5560.35 of the penal law, or of mandatory surcharges as provided by56section eighteen hundred nine of the vehicle and traffic law, or ofA. 11083 6 1fines, penalties and forfeitures as provided by section eighteen hundred2three of the vehicle and traffic law relating to traffic offenses.] 3 § 17. Subdivision 2 of section 837-i of the executive law, as added by 4 chapter 166 of the laws of 1991, is amended to read as follows: 5 2. The commissioner in consultation with the chief executive officers 6 of cities with a population in excess of one hundred thousand persons 7 according to the nineteen hundred eighty United States census shall 8 establish a system to record and monitor the issuance and disposition of 9 parking tickets[, to monitor the collection of the mandatory surcharge10required by section eighteen hundred nine-a of the vehicle and traffic11law] and to receive information from cities for this purpose. Each such 12 city shall report on such parking violations on a monthly basis in the 13 form and manner prescribed by the commissioner including, but not limit- 14 ed to, the parking tickets issued, the dispositions of such tickets and 15 the amount of fines[,] and penalties [and mandatory surcharges] 16 collected. The commissioner shall collect, process and analyze such 17 information and present periodic reports on the parking violations 18 enforcement and disposition program. 19 § 18. Section 837-j of the executive law is REPEALED. 20 § 19. Subdivision 1 of section 837-i of the executive law, as added by 21 chapter 166 of the laws of 1991, is amended to read as follows: 22 1. The commissioner, in cooperation with the commissioner of the 23 department of motor vehicles, and in consultation with the chief execu- 24 tive officers of cities with a population in excess of one hundred thou- 25 sand persons according to the nineteen hundred eighty United States 26 census shall prescribe the form and content of uniform parking tickets 27 for such cities in all cases involving a parking, standing or stopping 28 violation as defined in accordance with the vehicle and traffic law, 29 hereinafter referred to as parking violations, or of any local law, 30 ordinance, rule or regulation adopted pursuant to the vehicle and traf- 31 fic law relating to parking violations. [Upon written application of the32chief executive officer of any such city, the commissioner, after33consultation with the commissioner of the department of motor vehicles,34may authorize the use of a parking ticket other than the uniform parking35ticket prescribed pursuant to this section if he or she determines that36use of such other parking ticket is not inconsistent with, and will not37diminish the effectiveness of, the parking violations enforcement and38disposition program established pursuant to section eight hundred thir-39ty-seven-j of this chapter, and may also authorize for a specified time40period the use of a parking ticket which was used by such city on or41before the effective date of this section.] 42 § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of 43 section 235 of the vehicle and traffic law, as amended by section 18 of 44 part J of chapter 62 of the laws of 2003, is amended to read as follows: 45 (E) that submission of a plea of guilty to the parking violation makes 46 the owner liable for payment of the stated fine and additional penalties 47 imposed pursuant to paragraph b of this subdivision [and the mandatory48surcharge of fifteen dollars imposed upon parking violations pursuant to49section eighteen hundred nine-a of this chapter]. 50 § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law, 51 as added by chapter 497 of the laws of 1999, is amended to read as 52 follows: 53 4. Every county and the city of New York that establishes a hand- 54 icapped parking education program shall establish a separate handicapped 55 parking education fund in the custody of the chief fiscal officer of 56 each such county or city, by April first, two thousand[, which shallA. 11083 7 1consist of moneys granted to such county or city pursuant to section2eighteen hundred nine-b of this chapter]. No provision of law shall be 3 deemed to preclude a county or the city of New York from receiving funds 4 [from other sources] to be deposited in the handicapped parking educa- 5 tion fund, provided such funds are used in a manner and for purposes 6 consistent with this section. The moneys of such fund shall be disbursed 7 to provide education, advocacy and increased awareness of handicapped 8 parking laws and may be used to execute contracts with private organiza- 9 tions for such purposes. Such contracts shall be awarded upon compet- 10 itive bids after the issuance of requests for proposal. 11 § 22. Subdivision 2 of section 99-n of the state finance law, as added 12 by chapter 223 of the laws of 2005, is amended to read as follows: 13 2. The fund shall consist of all monies appropriated for its 14 purpose[,] and all monies required by this section or any other 15 provision of law to be paid into or credited to such fund[, collected by16the mandatory surcharges imposed pursuant to subdivision one of section17eighteen hundred nine-d of the vehicle and traffic law]. Nothing 18 contained in this section shall prevent the department of motor vehicles 19 from receiving grants or other appropriations for the purposes of the 20 fund as defined in this section and depositing them into the fund 21 according to law. 22 § 23. This act shall take effect immediately; provided however that 23 the amendments to subdivision (f) of section 1101 of the civil practice 24 law and rules made by section ten of this act shall not affect the expi- 25 ration of such section and shall be deemed to expire therewith; provided 26 further, however, that the amendments to paragraph (a) of subdivision 2 27 of section 259-i of the executive law made by section eleven of this act 28 shall be subject to the expiration and reversion of such paragraph 29 pursuant to subdivision d of section 74 of chapter 3 of the laws of 30 1995, as amended, when upon such date the provisions of section twelve 31 of this act shall take effect; and provided further however that the 32 amendments to clause (E) of subparagraph 2 of paragraph a of subdivision 33 2 of section 235 of the vehicle and traffic law made by section twenty 34 of this act shall not affect the expiration of such section and shall 35 expire therewith. 36 PART B 37 Section 1. The penal law is amended by adding a new section 80.20 to 38 read as follows: 39 § 80.20 Mandatory minimum fines prohibited. 40 Notwithstanding any other provision of law, no offense shall carry a 41 mandatory minimum fine. 42 § 2. Section 1800 of the vehicle and traffic law is amended by adding 43 a new subdivision (j) to read as follows: 44 (j) Notwithstanding any other provision of law, no offense described 45 in this chapter shall carry a mandatory minimum fine. 46 § 3. This act shall take effect immediately. 47 PART C 48 Section 1. Section 80.05 of the penal law is amended by adding a new 49 subdivision 7 to to read as follows: 50 7. Individualized assessment. When imposing a fine pursuant to the 51 provisions of this section, the court shall consider the profit gained 52 by the defendant's conduct, whether the amount of the fine is dispropor-A. 11083 8 1 tionate to the conduct in which the defendant engaged, the impact on any 2 victims, and the defendant's economic circumstances, including the 3 defendant's ability to pay, the effect of the fine upon his or her imme- 4 diate family or any other persons to whom the defendant owes an obli- 5 gation of support. In addition, when imposing a fine the court shall 6 establish such payment schedules as are fair and reasonable taking into 7 consideration the defendant's economic circumstances. 8 § 2. The vehicle and traffic law is amended by adding a new section 9 1811 to read as follows: 10 § 1811. Fines; individualized assessment. When imposing a fine pursu- 11 ant to the provisions of this section, the court shall consider the 12 profit gained by the defendant's conduct, whether the amount of the fine 13 is disproportionate to the conduct in which the defendant engaged, the 14 impact on any victims, and the defendant's economic circumstances, 15 including the defendant's ability to pay, the effect of the fine upon 16 his or her immediate family or any other persons to whom the defendant 17 owes an obligation of support. In addition, when imposing a fine the 18 court shall establish such payment schedules as are fair and reasonable 19 taking into consideration the defendant's economic circumstances. 20 § 3. This act shall take effect immediately. 21 PART D 22 Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal 23 procedure law are REPEALED. 24 § 2. Section 420.35 of the criminal procedure law is REPEALED. 25 § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as 26 separately amended by chapters 233 and 506 of the laws of 1985, the 27 second undesignated paragraph as amended by chapter 618 of the laws of 28 1992, is amended to read as follows: 29 5. Application for resentence. In any case where the defendant is 30 unable to pay a fine, restitution or reparation imposed by the court, he 31 may at any time apply to the court for resentence. In such case, if the 32 court is satisfied that the defendant is unable to pay the fine, resti- 33 tution or reparation it must: 34 (a) Adjust the terms of payment; or 35 (b) Lower the amount of the fine, restitution or reparation to an 36 amount the defendant is able to pay, or revoke it entirely from the 37 sentence if the defendant has no ability to pay; or 38 (c) [Where the sentence consists of probation or imprisonment and a39fine, restitution or reparation, revoke the portion of the sentence40imposing the fine, restitution or reparation; or41(d)] Revoke the entire sentence imposed and resentence the defendant. 42 Upon such resentence the court may impose any sentence it originally 43 could have imposed, except that the amount of any fine, restitution or 44 reparation imposed may not be in excess of the amount the defendant is 45 able to pay and that the court may not sentence the defendant to any 46 term of imprisonment, probation, or post-release supervision in excess 47 of any such term imposed by the original sentence. 48 In any case where the defendant applies for resentencing with respect 49 to any condition of the sentence relating to restitution or reparation 50 the court must order that notice of such application and a reasonable 51 opportunity to be heard be given to the person or persons given notice 52 pursuant to subdivision one of this section. If the court grants the 53 defendant's application by changing the original order for restitutionA. 11083 9 1 or reparation in any manner, the court must place the reasons therefor 2 on the record. 3 [For the purposes of this subdivision, the court shall not determine4that the defendant is unable to pay the fine, restitution or reparation5ordered solely because of such defendant's incarceration but shall6consider all the defendant's sources of income including, but not limit-7ed to, moneys in the possession of an inmate at the time of his admis-8sion into such facility, funds earned by him in a work release program9as defined in subdivision four of section one hundred fifty of the10correction law, funds earned by him as provided for in section one11hundred eighty-seven of the correction law and any other funds received12by him or on his behalf and deposited with the superintendent or the13municipal official of the facility where the person is confined.] In 14 determining whether an incarcerated defendant is able to pay a fine, 15 restitution, or reparation, the court shall not consider income earned 16 pursuant to subdivision four of section one hundred fifty of the 17 correction law, income earned pursuant to section one hundred eighty- 18 seven of the correction law, or funds received by the defendant or on 19 the defendant's behalf and deposited with the superintendent or the 20 municipal official of the facility where the person is confined. 21 § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as 22 amended by chapter 3 of the laws of 1995, is amended to read as follows: 23 1. Applicability. The procedure specified in this section governs 24 remission of fines, restitution or reparation [in all cases not covered25by subdivision four of section 420.10]. 26 § 5. The criminal procedure law is amended by adding a new section 27 420.11 to read as follows: 28 § 420.11 Warrants and sentences of incarceration; effectiveness. 29 1. All warrants issued prior to the effective date of this section 30 pursuant to the provisions of subdivision three of section 420.10 of 31 this article as such subdivision existed prior to the effective date of 32 this section and/or the provisions of subdivision one of section 420.35 33 of this article as such subdivision existed prior to the effective date 34 of this section solely based on the alleged failure on the part of a 35 defendant to timely pay, and/or to appear on a court date set for the 36 sole purpose of payment of, a fine, restitution, reparation, surcharge, 37 DNA databank fee, crime victim assistance fee, sexual offender registra- 38 tion fee, and/or supplemental sex offender victim fee, are deemed to be 39 null and void. 40 2. The office of court administration, in consultation with such other 41 state or municipal agencies as necessary, shall establish procedures to 42 formally rescind all warrants issued prior to the effective date of this 43 section pursuant to the provisions of subdivision three of section 44 420.10 of this article as such subdivision existed prior to the effec- 45 tive date of this section and/or the provisions of subdivision one of 46 section 420.35 of this article as such subdivision existed prior to the 47 effective date of this section solely based on the alleged failure on 48 the part of a defendant to timely pay, and/or to appear on a court date 49 set for the sole purpose of payment of, a fine, restitution, reparation, 50 surcharge, DNA databank fee, crime victim assistance fee, sexual offen- 51 der registration fee, and/or supplemental sex offender victim fee. Such 52 procedures shall not require any affirmative actions on the part of any 53 defendant subject to any such warrant. Such procedures shall be 54 designed and implemented so as to accomplish the rescinding of all such 55 warrants within six months of the effective date of this section.A. 11083 10 1 3. All sentences of incarceration imposed prior to the effective date 2 of this section pursuant to the provisions of subdivision three of 3 section 420.10 of this article as such subdivision existed prior to the 4 effective date of this section, subdivision five of section 420.10 of 5 this article, or section 420.35 of this article as such section existed 6 prior to the effective date of this section based solely on the alleged 7 failure on the part of a defendant to timely pay, or timely appear on a 8 court date scheduled for the purposes of payment of, a fine, restitu- 9 tion, reparation, surcharge, DNA databank fee, crime victim assistance 10 fee, sexual offender registration fee, or supplemental sex offender 11 victim fee are deemed to be null and void and any person serving such a 12 sentence shall be released from custody immediately. 13 4. The office of court administration, in consultation with such other 14 state or municipal agencies as is necessary, shall establish procedures 15 to formally rescind all sentences of incarceration imposed prior to the 16 effective date of this section pursuant to the provisions of subdivision 17 three of section 420.10 of this article as such subdivision existed 18 prior to the effective date of this section or section 420.35 of this 19 article as such section existed prior to the effective date of this 20 section based solely on the alleged failure on the part of a defendant 21 to timely pay a fine, restitution, reparation, surcharge, DNA databank 22 fee, crime victim assistance fee, sexual offender registration fee, or 23 supplemental sex offender victim fee. Such procedures shall not require 24 any affirmative actions on the part of any defendant subject to any such 25 sentence. 26 § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as 27 amended by chapter 788 of the laws of 1971, is amended to read as 28 follows: 29 1. In general. When a sentence of imprisonment is pronounced, or [when30th sentence consists of a fine and the court has directed that the31defendant be imprisoned until it is satisfied,] the defendant must 32 forthwith be committed to the custody of the appropriate public servant 33 and detained until the sentence is complied with. 34 § 7. Subdivision 5 of section 430.20 of the criminal procedure law is 35 REPEALED. 36 § 8. This act shall take effect immediately. 37 PART E 38 Section 1. All unsatisfied civil judgments issued prior to the effec- 39 tive date of this act pursuant to the provisions of subdivision 5 of 40 section 420.40 of the criminal procedure law solely based on the alleged 41 failure on the part of a defendant to timely pay, and/or to appear on a 42 court date set for the sole purpose of payment of a surcharge, DNA data- 43 bank fee, crime victim assistance fee, sexual offender registration fee, 44 or supplemental sex offender victim fee are deemed to be null and void 45 and, for all legal purposes, vacated and discharged. 46 § 2. The office of court administration, in consultation with such 47 other state or municipal agencies as necessary, shall establish proce- 48 dures to formally vacate and discharge all unsatisfied civil judgments 49 entered prior to the effective date of this act pursuant to the 50 provisions of subdivision 5 of the criminal procedure law section 420.40 51 solely based on the alleged failure on the part of a defendant to timely 52 pay, and/or to appear on a court date set for the sole purpose of 53 payment of, a surcharge, DNA databank fee, crime victim assistance fee, 54 sexual offender registration fee, or supplemental sex offender victimA. 11083 11 1 fee. Such procedures shall not require any affirmative actions on the 2 part of any defendant subject to any such civil judgment. Such proce- 3 dures shall be designed and implemented so as to accomplish the vacatur 4 and discharge of all such civil judgments within six months of the 5 effective date of this act. 6 § 3. Subdivision 3 of section 420.30 of the criminal procedure law is 7 REPEALED. 8 § 4. This act shall take effect immediately. 9 PART F 10 Section 1. Section 420.10 of the criminal procedure law is amended by 11 adding a new subdivision 9 to read as follows: 12 9. In no case shall a fine, restitution, or reparation be collected 13 out of the funds of a person who is presently incarcerated, including 14 funds earned by the person in a work release program as defined in 15 subdivision four of section one hundred fifty of the correction law, 16 funds earned by a person as provided for in section one hundred eighty- 17 seven of the correction law, and any other funds received by the person 18 or on the person's behalf and deposited with the superintendent or the 19 municipal official of the facility where the person is confined. 20 § 2. Section 154 of the correction law, as added by chapter 788 of the 21 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 22 62 of the laws of 2003, is amended to read as follows: 23 § 154. Disposition of Earnings. The earnings of a prisoner participat- 24 ing in a work release program, less any payroll deductions required or 25 authorized by law, shall be deposited with the department in a trust 26 fund account. Such earnings shall not be subject to attachment or 27 garnishment in the hands of the department. The commissioner is author- 28 ized to provide for disbursements from the trust fund account for any or 29 all of the following purposes: 30 1. Such costs incident to the prisoner's confinement as the commis- 31 sioner deems appropriate and reasonable. 32 2. Such costs related to the prisoner's work release program as the 33 commissioner deems appropriate and reasonable. 34 3. Support of the prisoner's dependents. 35 [4. Payment of court fines, mandatory surcharge, sex offender regis-36tration fee, DNA databank fee, restitution or reparation, or forfei-37tures.] 38 The balance of such earnings, if any, after disbursements for any of 39 the foregoing purposes shall be paid to the prisoner upon termination of 40 his imprisonment. 41 § 3. This act shall take effect immediately. 42 PART G 43 Section 1. Subdivision 2 of section 205 of the correction law, as 44 added by section 32 of subpart A of part C of chapter 62 of the laws of 45 2011, is amended to read as follows: 46 2. A merit termination granted by the department under this section 47 shall constitute a termination of the sentence with respect to which it 48 was granted. No such merit termination shall be granted unless the 49 department is satisfied that termination of sentence from presumptive 50 release, parole, conditional release or post-release supervision is in 51 the best interest of society[, and that the parolee or releasee, other-52wise financially able to comply with an order of restitution and theA. 11083 12 1payment of any mandatory surcharge previously imposed by a court of2competent jurisdiction, has made a good faith effort to comply there-3with]. 4 § 2. 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 satisfied 10 that an absolute discharge from presumptive release, parole, conditional 11 release or release to a period of post-release supervision is in the 12 best interests of society, the board may grant such a discharge prior to 13 the expiration of the full term or maximum term to any person who has 14 been on unrevoked community supervision for at least three consecutive 15 years. A discharge granted under this section shall constitute a termi- 16 nation of the sentence with respect to which it was granted. [No such17discharge shall be granted unless the board is satisfied that the paro-18lee or releasee, otherwise financially able to comply with an order of19restitution and the payment of any mandatory surcharge, sex offender20registration fee or DNA databank fee previously imposed by a court of21competent jurisdiction, has made a good faith effort to comply there-22with.] 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)39is satisfied that the supervisee, otherwise financially able to comply40with an order of restitution and the payment of any mandatory surcharge,41sex offender registration fee, or DNA data bank fee previously imposed42by a court of competent jurisdiction, has made a good faith effort to43comply 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 § 3. This act shall take effect immediately. 50 PART H 51 Section 1. All orders issued prior to the effective date of this act 52 directing payment by a defendant of a surcharge, DNA databank fee, crime 53 victim assistance fee, sexual offender registration fee, or supplemental 54 sex offender victim fee are deemed to be null and void and, such ordersA. 11083 13 1 are for all legal purposes, vacated and discharged. Pursuant to this 2 section, any existing encumbrances on commissary accounts or similar 3 accounts held by a correctional facility, jail, or detention facility 4 shall be lifted and deemed null and void. 5 § 2. This act shall take effect immediately. 6 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 7 sion, section or part of this act shall be adjudged by any court of 8 competent jurisdiction to be invalid, such judgment shall not affect, 9 impair, or invalidate the remainder thereof, but shall be confined in 10 its operation to the clause, sentence, paragraph, subdivision, section 11 or part thereof directly involved in the controversy in which such judg- 12 ment shall have been rendered. It is hereby declared to be the intent of 13 the legislature that this act would have been enacted even if such 14 invalid provisions had not been included herein. 15 § 4. This act shall take effect immediately provided, however, that 16 the applicable effective date of Parts A through H of this act shall be 17 as specifically set forth in the last section of such Parts.
