Bill Text: NY S00313 | 2023-2024 | General Assembly | Introduced
Bill Title: 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).
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00313 Detail]
Download: New_York-2023-S00313-Introduced.html
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. LBD00485-02-3S. 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 as16provided 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 offender44registration 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, sex49offender registration fees and DNA databank fees as provided for in50section 60.35 of the penal law and section eighteen hundred nine of the51vehicle 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) ofS. 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 [and30mandatory surcharge as provided for in section 60.35 of the penal law31and 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-56wise financially able to comply with an order of restitution and theS. 313 5 1payment of any mandatory surcharge previously imposed by a court of2competent jurisdiction, has made a good faith effort to comply there-3with]. 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 two9hundred 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 that18the parolee or releasee, otherwise financially able to comply with an19order of restitution and the payment of any mandatory surcharge, sex20offender registration fee or DNA databank fee previously imposed by a21court of competent jurisdiction, has made a good faith effort to comply22therewith.] 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 § 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 eighteen8hundred 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 the26disposition of mandatory surcharges, sex offender registration fees, DNA27databank fees or crime victim assistance fees as provided by section2860.35 of the penal law, or of mandatory surcharges as provided by29section eighteen hundred nine of the vehicle and traffic law, or of30fines, penalties and forfeitures as provided by section eighteen hundred31three 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 surcharge39required by section eighteen hundred nine-a of the vehicle and traffic40law] 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 stoppingS. 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 the5chief executive officer of any such city, the commissioner, after6consultation with the commissioner of the department of motor vehicles,7may authorize the use of a parking ticket other than the uniform parking8ticket prescribed pursuant to this section if he or she determines that9use of such other parking ticket is not inconsistent with, and will not10diminish the effectiveness of, the parking violations enforcement and11disposition program established pursuant to section eight hundred thir-12ty-seven-j of this chapter, and may also authorize for a specified time13period the use of a parking ticket which was used by such city on or14before 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 mandatory22surcharge of fifteen dollars imposed upon parking violations pursuant to23section 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 shall31consist of moneys granted to such county or city pursuant to section32eighteen 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 by46the mandatory surcharges imposed pursuant to subdivision one of section47eighteen 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) ofS. 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 theS. 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 a26fine, restitution or reparation, revoke the portion of the sentence27imposing the fine, restitution or reparation; or28(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 determine44that the defendant is unable to pay the fine, restitution or reparation45ordered solely because of such defendant's incarceration but shall46consider all the defendant's sources of income including, but not limit-47ed to, moneys in the possession of an incarcerated individual at the48time of his or her admission into such facility, funds earned by him or49her in a work release program as defined in subdivision four of section50one hundred fifty of the correction law, funds earned by him or her as51provided for in section one hundred eighty-seven of the correction law52and any other funds received by him or her or on his or her behalf and53deposited with the superintendent or the municipal official of the54facility 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 covered12by 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 proceduresS. 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 when16th sentence consists of a fine and the court has directed that the17defendant 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-25tration fee, DNA databank fee, restitution or reparation, or forfei-26tures.] 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.
