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Article 420 - NY Criminal Procedure Law

FINES, RESTITUTION AND REPARATION

Section Description
420.05Payment of fines, mandatory surcharges and fees by credit card.
420.10Collection of fines, restitution or reparation.
420.20Collection of fines, restitution or reparation imposed upon corporations.
420.30Remission of fines, restitution or reparation.
420.35Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines.
420.40Deferral of a mandatory surcharge; financial hardship hearings.
 S 420.05 Payment of fines, mandatory surcharges and fees by credit card.
    When  the  court  imposes  a  fine, mandatory surcharge or fee upon an
  individual who stands convicted of any offense, such individual may  pay
  such  fine, mandatory surcharge or fee by credit card or similar device.
  In such event, notwithstanding any other provision of  law,  he  or  she
  also  may be required to pay a reasonable administrative fee. The amount
  of such administrative fee and the time and manner of its payment  shall
  be  in accordance with the system established by the chief administrator
  of the courts pursuant to paragraph (j) of subdivision  two  of  section
  two hundred twelve of the judiciary law.

S 420.10 Collection of fines, restitution or reparation.
  1.  Alternative methods of payment. When the court imposes a fine upon
  an individual, it shall designate the official other than  the  district
  attorney  to  whom  payment  is  to  be remitted. When the court imposes
  restitution  or  reparation  and  requires  that  the  defendant  pay  a
  designated  surcharge  thereon pursuant to the provisions of subdivision
  eight of section 60.27 of the penal law, it shall designate the official
  or organization other than the district attorney, selected  pursuant  to
  subdivision  eight  of  this section, to whom payment is to be remitted.
  (a) The court may direct:
    (i) That the defendant pay the entire amount at the time  sentence  is
  pronounced;
    (ii) That the defendant pay the entire amount at some later date; or
    (iii)  That  the  defendant  pay  a  specified  portion  at designated
  periodic intervals.
    (b) When the court imposes both (i) a fine  and  (ii)  restitution  or
  reparation  and such designated surcharge upon an individual and imposes
  a schedule of payments, the court shall  also  direct  that  payment  of
  restitution  or  reparation  and such designated surcharge take priority
  over the payment of the fine.
    (c) Where the defendant is sentenced to a period of probation as  well
  as  a fine, restitution or reparation and such designated surcharge, the
  court may direct that payment of the fine, restitution or reparation and
  such designated surcharge be a condition of the sentence.
    (d) When a court requires that  restitution  or  reparation  and  such
  designated  surcharge  be  made it must direct that notice be given to a
  person or persons to whom it is to be paid of the conditions under which
  it is to be remitted; the name and address of  the  public  official  or
  organization  to  whom  it  is to be remitted for payment and the amount
  thereof; and the availability of civil proceedings for collection  under
  subdivision  six of this section. An official or organization designated
  to receive payment under this subdivision must report to the  court  any
  failure  to  comply with the order and shall cooperate with the district
  attorney pursuant to his responsibilities under subdivision six of  this
  section.
    (e)  Where cash bail has been posted by the defendant as the principal
  and is not forfeited or assigned, the court at its discretion may  order
  that  bail  be  applied  toward  payment  of any order of restitution or
  reparation or fine. If the court so orders, the bail proceeds  shall  be
  applied  to  payment  first of the restitution or reparation and then of
  the fine.
    2. Death  of  victim.  In  the  event  that  the  individual  to  whom
  restitution or reparation is to be made dies prior to completion of said
  restitution  or  reparation, the remaining payments shall be made to the
  estate of the deceased.
    3. Imprisonment for failure to pay. Where the court  imposes  a  fine,
  restitution  or  reparation,  the  sentence  may  provide  that  if  the
  defendant fails to pay the fine, restitution or reparation in accordance
  with the direction of the court, the defendant must be imprisoned  until
  the  fine, restitution or reparation is satisfied. Such provision may be
  added at the time sentence is pronounced or at any later date while  the
  fine,  restitution  or  reparation  or  any part thereof remains unpaid;
  provided, however, that if the provision is added at a  time  subsequent
  to  the  pronouncement  of  sentence  the  defendant  must be personally
  present when it is added. In any case where the defendant fails to pay a
  fine, restitution or reparation  as  directed  the  court  may  issue  a
  warrant  directing  a  peace  officer,  acting  pursuant  to his special
  duties, or a police officer, to take him  into  custody  and  bring  him
  before  the  court; provided, however, if the court in which the warrant
  is returnable is a city, town or village court, and such  court  is  not
  available,  and  the  warrant  is  addressed  to  a police officer, such
  executing  police  officer  must  without  unnecessary  delay  bring the
  defendant before an alternate  local  criminal  court,  as  provided  in
  subdivision  five  of section 120.90 of this chapter; or if the court in
  which the warrant is returnable is a superior court, and such  court  is
  not  available,  and  the warrant is addressed to a police officer, such
  executing  police  officer  may  bring  the  defendant  to   the   local
  correctional  facility  of  the  county  in which such court sits, to be
  detained there until not later than the commencement of the next session
  of such court occurring on the next business day. Such warrant may  also
  be  delegated in the same manner as a warrant pursuant to section 530.70
  of this chapter.  Where  a  sentence  provides  that  the  defendant  be
  imprisoned  for  failure  to  pay  a  fine,  the  court shall advise the
  defendant that if he is unable to pay such fine, he has a right, at  any
  time, to apply to the court to be resentenced as provided in subdivision
  five of this section.
    4.  Period  of imprisonment. When the court directs that the defendant
  be imprisoned until the fine, restitution or reparation be satisfied, it
  must specify a maximum period of imprisonment subject to  the  following
  limits:
    (a) Where the fine, restitution or reparation is imposed for a felony,
  the period may not exceed one year;
    (b)  Where  the  fine,  restitution  or  reparation  is  imposed for a
  misdemeanor,  the  period  may  not  exceed  one-third  of  the  maximum
  authorized term of imprisonment;
    (c)  Where  the fine, restitution or reparation is imposed for a petty
  offense, the period may not exceed fifteen days; and
    (d) Where a sentence of imprisonment as well as a fine, restitution or
  reparation is imposed, the aggregate of the period and the term  of  the
  sentence may not exceed the maximum authorized term of imprisonment.
    (e)  Jail  time  and  good behavior time shall be credited against the
  full period of imprisonment, if served, as provided in section 70.30  of
  the penal law for definite sentences.
    5.  Application  for  resentence.  In  any case where the defendant is
  unable to pay a fine, restitution or reparation imposed by the court, he
  may at any time apply to the court for resentence. In such case, if  the
  court  is  satisfied  that  the  defendant  is  unable  to pay the fine,
  restitution or reparation it must:
    (a) Adjust the terms of payment; or
    (b) Lower the amount of the fine, restitution or reparation; or
    (c) Where the sentence consists of probation  or  imprisonment  and  a
  fine,  restitution  or  reparation,  revoke  the portion of the sentence
  imposing the fine, restitution or reparation; or
    (d) Revoke the entire sentence imposed and resentence  the  defendant.
  Upon  such  resentence  the  court may impose any sentence it originally
  could have imposed, except that the amount of any fine,  restitution  or
  reparation  imposed  may not be in excess of the amount the defendant is
  able to pay.
    In any case where the defendant applies for resentencing with  respect
  to  any  condition of the sentence relating to restitution or reparation
  the court must order that notice of such application  and  a  reasonable
  opportunity  to  be heard be given to the person or persons given notice
  pursuant to subdivision one of this section. If  the  court  grants  the
  defendant's  application  by changing the original order for restitution
  or reparation in any manner, the court must place the  reasons  therefor
  on the record.
    For  the  purposes  of this subdivision, the court shall not determine
  that the defendant is unable to pay the fine, restitution or  reparation
  ordered  solely  because  of  such  defendant's  incarceration but shall
  consider all the  defendant's  sources  of  income  including,  but  not
  limited  to,  moneys  in  the possession of an inmate at the time of his
  admission into such facility, funds earned by  him  in  a  work  release
  program  as  defined in subdivision four of section one hundred fifty of
  the correction law, funds earned by him as provided for in  section  one
  hundred  eighty-seven of the correction law and any other funds received
  by him or on his behalf and deposited with  the  superintendent  or  the
  municipal official of the facility where the person is confined.
    6.  Civil  proceeding  for  collection.  (a)  A  fine,  restitution or
  reparation imposed or directed by the court shall be imposed or directed
  by a written order of the court containing the amount  thereof  required
  to  be  paid  by  the defendant. The court's order also shall direct the
  district attorney to file a certified copy of such order with the county
  clerk of the county in which the court is situate except where the court
  which issues such order is the supreme court in  which  case  the  order
  itself  shall  be  filed  by the clerk of the court acting in his or her
  capacity as the county clerk  of  the  county  in  which  the  court  is
  situate.  Such  order  shall  be entered by the county clerk in the same
  manner as a judgment in a civil action in  accordance  with  subdivision
  (a)  of  rule five thousand sixteen of the civil practice law and rules.
  Even if the defendant was imprisoned  for  failure  to  pay  such  fine,
  restitution  or  reparation,  or  has  served the period of imprisonment
  imposed, such order after entry thereof pursuant to this subdivision may
  be collected in the same manner as a judgment in a civil action  by  the
  victim, as defined in paragraph (b) of subdivision four of section 60.27
  of  the  penal  law, to whom restitution or reparation was ordered to be
  paid, the estate of such person or the district  attorney.  The  entered
  order  shall  be  deemed  to  constitute  a  judgment-roll as defined in
  section five thousand seventeen of the civil practice law and rules  and
  immediately  after entry of the order, the county clerk shall docket the
  entered order as a money judgment  pursuant  to  section  five  thousand
  eighteen  of  such  law  and  rules.  Wherever appropriate, the district
  attorney shall file a transcript of the docket of the judgment with  the
  clerk of any other county of the state. Such a restitution or reparation
  order,  when  docketed  shall  be a first lien upon all real property in
  which the defendant thereafter acquires an interest,  having  preference
  over  all  other liens, security interests, and encumbrances whatsoever,
  except:
    (i) a lien or interest running to the benefit of the government of the
  United States or the state of New York, or any political subdivision  or
  public benefit corporation thereof; or
    (ii) a purchase money interest in any property.
    (b)  The  district  attorney  may, in his or her discretion, and must,
  upon order of the court, institute proceedings  to  collect  such  fine,
  restitution or reparation.
    7.  Undisbursed  restitution  payments.  Where  a  court requires that
  restitution or reparation be  made  by  a  defendant,  the  official  or
  organization to whom payments are to be remitted pursuant to subdivision
  one  of  this  section  may  place  such payments in an interest-bearing
  account. The interest accrued and  any  undisbursed  payments  shall  be
  designated  for  the  payment  of  restitution orders that have remained
  unsatisfied for the longest period of time. For  the  purposes  of  this
  subdivision,  the  term  "undisbursed  restitution  payments" shall mean
  those payments which have been remitted by a defendant but not disbursed
  to the intended beneficiary and such payment has gone  unclaimed  for  a
  period  of  one year and the location of the intended beneficiary cannot
  be ascertained by such official or organization after  using  reasonable
  efforts.
    8.  Designation  of restitution agency. (a) The chief elected official
  in each county, and in the city of New York the mayor,  shall  designate
  an  official  or  organization  other  than  the district attorney to be
  responsible for the collection and  administration  of  restitution  and
  reparation  payments under provisions of the penal law and this chapter.
  This official or organization  shall  be  eligible  for  the  designated
  surcharge  provided  for  by  subdivision  eight of section 60.27 of the
  penal law.
    (b) The restitution agency, as designated by  paragraph  (a)  of  this
  subdivision,  shall  be  responsible  for  the  collection  of data on a
  monthly basis regarding the numbers of restitution and reparation orders
  issued, the numbers of satisfied restitution and reparation  orders  and
  information  concerning  the  types of crimes for which such orders were
  required. A probation department designated as  the  restitution  agency
  shall  then  forward  such  information  to  the office of probation and
  correctional alternatives within the first ten days following the end of
  each month. In all other cases the restitution agency  shall  report  to
  the  division  of  criminal  justice  services directly. The division of
  criminal justice services shall compile and review all such  information
  and make recommendations to promote the use of restitution and encourage
  its enforcement.

S 420.20 Collection of fines, restitution or reparation imposed upon
              corporations.
  Where a corporation  is  sentenced  to  pay  a  fine,  restitution  or
  reparation, the fine, restitution or reparation must be paid at the time
  sentence  is imposed.   If the fine, restitution or reparation is not so
  paid, it may be collected in the same manner as a judgment  in  a  civil
  action,   and  if  execution  issued  upon  such  judgment  be  returned
  unsatisfied an action may be brought in the name of the  people  of  the
  state of New York to procure a judgment sequestering the property of the
  corporation,  as  provided  by  the business corporation law.  It is the
  duty of the attorney general in all criminal proceedings  prosecuted  by
  him,  and,  in  all  other proceedings, the county attorney for counties
  outside the city of  New  York,  and,  in  the  city  of  New  York  the
  corporation counsel of the city of New York, to institute proceedings to
  collect such fine, restitution or reparation.

S 420.30 Remission of fines, restitution or reparation.
  1.  Applicability.  The  procedure  specified  in this section governs
  remission of fines, restitution or reparation in all cases  not  covered
  by subdivision four of section 420.10.
    2.  Procedure.  (a)  Any  superior  court  which  has  imposed a fine,
  restitution or reparation for any offense may,  in  its  discretion,  on
  five  days  notice  to the district attorney of the county in which such
  fine, restitution or reparation was imposed and to each person otherwise
  required to be given notice of restitution  or  reparation  pursuant  to
  subdivision  one  of  section  420.10,  remit  such fine, restitution or
  reparation or any portion thereof. In case of  a  fine,  restitution  or
  reparation imposed by a local criminal court for any offense, a superior
  court  holding  a  term  in the county in which the fine, restitution or
  reparation  was  imposed  may,  upon  like  notice,  remit  such   fine,
  restitution or reparation or any portion thereof.
    (b)  The  court  shall  give  each  person  given  notice a reasonable
  opportunity to be heard  on  the  question  of  remitting  an  order  of
  restitution  or  reparation.  If  the  court  remits such restitution or
  reparation, or any part thereof, the reasons therefor  shall  be  placed
  upon the record.
    3. Restrictions. In no event shall a mandatory surcharge, sex offender
  registration  fee,  DNA  databank  fee or crime victim assistance fee be
  remitted provided, however, that a court  may  waive  the  crime  victim
  assistance  fee  if  such  defendant  is an eligible youth as defined in
  subdivision two of section 720.10 of this chapter, and the imposition of
  such fee would work an unreasonable hardship on the  defendant,  his  or
  her  immediate  family,  or  any  other  person who is dependent on such
  defendant for financial support.

S 420.35 Mandatory surcharge and crime victim assistance fee;
              applicability to sentences mandating payment of fines.
 1. The provisions of section 420.10  of  this  article  governing  the
  collection of fines and the provisions of section 420.40 of this article
  governing  deferral  of  mandatory surcharges, sex offender registration
  fees,  DNA  databank  fees  and  financial  hardship  hearings  and  the
  provisions of section 430.20 of this chapter governing the commitment of
  a defendant for failure to pay a fine shall be applicable to a mandatory
  surcharge,  sex  offender registration fee, DNA databank fee and a crime
  victim assistance fee imposed pursuant to  subdivision  one  of  section
  60.35  of  the  penal law, subdivision twenty-a of section three hundred
  eighty-five of the vehicle and traffic law,  subdivision  nineteen-a  of
  section  four hundred one of the vehicle and traffic law, or a mandatory
  surcharge imposed pursuant to  section  eighteen  hundred  nine  of  the
  vehicle  and  traffic  law or section 27.12 of the parks, recreation and
  historic preservation law. When the court directs that the defendant  be
  imprisoned  until the mandatory surcharge, sex offender registration fee
  or DNA databank fee is satisfied, it must specify a  maximum  period  of
  imprisonment  not to exceed fifteen days; provided, however, a court may
  not direct that a defendant be imprisoned until the mandatory surcharge,
  sex offender registration fee, or  DNA  databank  fee  is  satisfied  or
  otherwise  for  failure  to  pay  the  mandatory surcharge, sex offender
  registration  fee  or  DNA  databank  fee  unless  the  court  makes   a
  contemporaneous  finding on the record, after according defendant notice
  and an opportunity to be  heard,  that  the  payment  of  the  mandatory
  surcharge,  sex  offender  registration  fee  or  DNA  databank fee upon
  defendant will not work an unreasonable hardship upon him or her or  his
  or her immediate family.
    2.  Under no circumstances shall the mandatory surcharge, sex offender
  registration fee, DNA databank fee or the crime victim assistance fee be
  waived provided, however, that  a  court  may  waive  the  crime  victim
  assistance  fee  if  such  defendant  is an eligible youth as defined in
  subdivision two of section 720.10 of this chapter, and the imposition of
  such fee would work an unreasonable hardship on the  defendant,  his  or
  her  immediate  family,  or  any  other  person who is dependent on such
  defendant for financial support.
    3. It shall be the  duty  of  a  court  of  record  or  administrative
  tribunal  to  report to the division of criminal justice services on the
  disposition  and  collection  of  mandatory  surcharges,  sex   offender
  registration fees or DNA databank fees and crime victim assistance fees.
  Such  report  shall  include,  for all cases, whether the surcharge, sex
  offender registration fee, DNA databank fee or crime  victim  assistance
  fee levied pursuant to subdivision one of section 60.35 of the penal law
  or section eighteen hundred nine of the vehicle and traffic law has been
  imposed  pursuant  to law, collected, or is to be collected by probation
  or corrections or other officials. The form,  manner  and  frequency  of
  such  reports shall be determined by the commissioner of the division of
  criminal  justice   services   after   consultation   with   the   chief
  administrator  of  the  courts and the commissioner of the department of
  motor vehicles.

S 420.40 Deferral of a mandatory surcharge; financial hardship hearings.
  1.  Applicability. The procedure specified in this section governs the
  deferral of the obligation to pay all or part of a mandatory  surcharge,
  sex  offender  registration  fee or DNA databank fee imposed pursuant to
  subdivision one of section 60.35 of the penal law and financial hardship
  hearings relating to mandatory surcharges.
    2. On an appearance date set forth in a  summons  issued  pursuant  to
  subdivision  three  of  section 60.35 of the penal law, section eighteen
  hundred nine of the vehicle and traffic law  or  section  27.12  of  the
  parks,  recreation  and  historic preservation law, a person upon whom a
  mandatory surcharge, sex offender registration fee or DNA  databank  fee
  was  levied  shall have an opportunity to present on the record credible
  and verifiable information establishing that  the  mandatory  surcharge,
  sex offender registration fee or DNA databank fee should be deferred, in
  whole  or  in  part,  because,  due  to the indigence of such person the
  payment of said surcharge, sex offender registration fee or DNA databank
  fee would work an unreasonable hardship on the  person  or  his  or  her
  immediate family.
    3.  In  assessing such information the superior court shall be mindful
  of the mandatory nature of the surcharge, sex offender registration  fee
  and  DNA  databank  fee,  and  the important criminal justice and victim
  services sustained by such fees.
    4. Where a court determines that it  will  defer  part  or  all  of  a
  mandatory  surcharge,  sex offender registration fee or DNA databank fee
  imposed pursuant to subdivision one of section 60.35 of the penal law, a
  statement of such finding and of the facts upon which it is based  shall
  be made part of the record.
    5.  A  court  which  defers  a  person's obligation to pay a mandatory
  surcharge, sex offender registration fee or  DNA  databank  fee  imposed
  pursuant  to  subdivision one of section 60.35 of the penal law shall do
  so in a written order. Such order shall not excuse the person  from  the
  obligation  to  pay  the surcharge, sex offender registration fee or DNA
  databank fee. Rather, the court's order shall direct  the  filing  of  a
  certified copy of the order with the county clerk of the county in which
  the  court  is situate except where the court which issues such order is
  the supreme court in which case the order itself shall be filed  by  the
  clerk  of the court acting in his or her capacity as the county clerk of
  the county in which the court is situate. Such order shall be entered by
  the county clerk in the same manner as a judgment in a civil  action  in
  accordance  with  subdivision  (a)  of rule five thousand sixteen of the
  civil practice law and rules. The order shall  direct  that  any  unpaid
  balance of the mandatory surcharge, sex offender registration fee or DNA
  databank  fee  may  be collected in the same manner as a civil judgment.
  The entered order shall be  deemed  to  constitute  a  judgment-roll  as
  defined in section five thousand seventeen of the civil practice law and
  rules  and  immediately after entry of the order, the county clerk shall
  docket the entered order as a money judgment pursuant  to  section  five
  thousand eighteen of such law and rules.

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