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ARTICLE 60
AUTHORIZED DISPOSITIONS OF OFFENDERS
Section 60.00 Applicability of provisions.
60.01 Authorized dispositions; generally.
60.02 Authorized disposition; youthful offender.
60.04 Authorized disposition; controlled substances and
marihuana felony offenses.
60.05 Authorized dispositions; class A, B, certain C and D
felonies and multiple felony offenders.
60.06 Authorized disposition; murder in the first degree.
60.07 Authorized dispostition; criminal attack on operators of
for-hire vehicles.
60.08 Authorized dispositions; resentencing of certain
controlled substance offenders.
60.09 Authorized dispositions; resentencing of certain persons
convicted of specified controlled substance offenses.
60.10 Authorized disposition; juvenile offender.
60.11 Authorized dispositions; criminal possession of a weapon
in the fourth degree.
60.12 Authorized disposition; alternative indeterminate
sentence of imprisonment; domestic violence cases.
60.13 Authorized dispositions of offenders
60.20 Authorized dispositions; traffic infraction.
60.21 Authorized dispositions; driving while intoxicated or
aggravated driving while intoxicated
60.25 Authorized dispositions; corporation.
60.27 Restitution and reparation.
60.28 Authorized disposition; making graffiti and possession
of graffiti instruments.
60.29 Authorized disposition; cemetery desecration.
60.30 Civil penalties.
60.35 Mandatory surcharge, sex offender registration fee, DNA
databank fee and crime victim assistance fee required
in certain cases.
60.36 Authorized disposition; driving while intoxicated offenses.
60.37 Authorized disposition; certain offenses.
Effective Date: 03/21/2012
S 60.00 Applicability of provisions.
1. The sentences prescribed by this article shall apply in the case of
every offense, whether defined within or outside of this chapter.
2. The sole provision of this article that shall apply in the case of
an offense committed by a juvenile offender is section 60.10 of this
article and no other provisions of this article shall be deemed or
construed to apply in any such case.
S 60.01 Authorized dispositions; generally.
1. Applicability. Except as otherwise specified in this article, when
the court imposes sentence upon a person convicted of an offense, the
court must impose a sentence prescribed by this section.
2. Revocable dispositions.
(a) The court may impose a revocable sentence as herein specified:
(i) the court, where authorized by article sixty-five, may sentence a
person to a period of probation or to a period of conditional discharge
as provided in that article; or
(ii) the court, where authorized by article eighty-five, may sentence
a person to a term of intermittent imprisonment as provided in that
article.
(b) A revocable sentence shall be deemed a tentative one to the extent
that it may be altered or revoked in accordance with the provisions of
the article under which it was imposed, but for all other purposes shall
be deemed to be a final judgment of conviction.
(c) In any case where the court imposes a sentence of probation,
conditional discharge, or a sentence of intermittent imprisonment, it
may also impose a fine authorized by article eighty.
(d) In any case where the court imposes a sentence of imprisonment not
in excess of sixty days, for a misdemeanor or not in excess of six
months for a felony or in the case of a sentence of intermittent
imprisonment not in excess of four months, it may also impose a sentence
of probation or conditional discharge provided that the term of
probation or conditional discharge together with the term of
imprisonment shall not exceed the term of probation or conditional
discharge authorized by article sixty-five of this chapter. The sentence
of imprisonment shall be a condition of and run concurrently with the
sentence of probation or conditional discharge.
3. Other dispositions. When a person is not sentenced as specified in
subdivision two, or when a sentence specified in subdivision two is
revoked, the sentence of the court must be as follows:
(a) A term of imprisonment; or
(b) A fine authorized by article eighty, provided, however, that when
the conviction is of a class B felony or of any felony defined in
article two hundred twenty, the sentence shall not consist solely of a
fine; or
(c) Both imprisonment and a fine; or
(d) Where authorized by section 65.20, unconditional discharge as
provided in that section; or
(e) Following revocation of a sentence of conditional discharge
imposed pursuant to section 65.05 of this chapter or paragraph (d) of
subdivision two of this section, probation as provided in section 65.00
of this chapter or to the sentence of imprisonment and probation as
provided for in paragraph (d) of subdivision two of this section.
4. In any case where a person has been sentenced to a period of
probation imposed pursuant to section 65.00 of this chapter, if the part
of the sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of imprisonment
and probation as provided for in paragraph (d) of subdivision two of
this section.
S 60.02 Authorized disposition; youthful offender.
When a person is to be sentenced upon a youthful offender finding, the
court must impose a sentence as follows:
(1) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction of an offense other than a
felony, the court must impose a sentence authorized for the offense for
which the youthful offender finding was substituted, except that if the
youthful offender finding was entered pursuant to paragraph (b) of
subdivision one of section 720.20 of the criminal procedure law, the
court must not impose a definite or intermittent sentence of
imprisonment with a term of more than six months; or
(2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person convicted
of a class E felony provided, however, that the court must not impose a
sentence of conditional discharge or unconditional discharge if the
youthful offender finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter.
(3) The provisions of section 60.35 of this article shall apply to a
sentence imposed upon a youthful offender finding and the amount of the
mandatory surcharge and crime victim assistance fee which shall be
levied at sentencing shall be equal to the amount specified in such
section for the offense of conviction for which the youthful offender
finding was substituted; provided, however that the court shall not
impose the sex offender registration fee, DNA databank fee or
supplemental sex offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of section
60.35 of this article, for an offense in which the conviction was
substituted with a youthful offender finding.
S 60.04 Authorized disposition; controlled substances and marihuana
felony offenses.
1. Applicability. Notwithstanding the provisions of any law, this
section shall govern the dispositions authorized when a person is to be
sentenced upon a conviction of a felony offense defined in article two
hundred twenty or two hundred twenty-one of this chapter or when a
person is to be sentenced upon a conviction of such a felony as a
multiple felony offender as defined in subdivision five of this section.
2. Class A felony. Every person convicted of a class A felony must be
sentenced to imprisonment in accordance with section 70.71 of this
title, unless such person is convicted of a class A-II felony and is
sentenced to probation for life in accordance with section 65.00 of this
title.
3. Class B felonies. Every person convicted of a class B felony must
be sentenced to imprisonment in accordance with the applicable
provisions of section 70.70 of this chapter, a definite sentence of
imprisonment with a term of one year or less or probation in accordance
with section 65.00 of this chapter provided, however, a person convicted
of criminal sale of a controlled substance to a child as defined in
section 220.48 of this chapter must be sentenced to a determinate
sentence of imprisonment in accordance with the applicable provisions of
section 70.70 of this chapter or to a sentence of probation in
accordance with the opening paragraph of paragraph (b) of subdivision
one of section 65.00 of this chapter.
4. Alternative sentence. Where a sentence of imprisonment or a
sentence of probation as an alternative to imprisonment is not required
to be imposed pursuant to subdivision two, three or five of this
section, the court may impose any other sentence authorized by section
60.01 of this article, provided that when the court imposes a sentence
of imprisonment, such sentence must be in accordance with section 70.70
of this title. Where the court imposes a sentence of imprisonment in
accordance with this section, the court may also impose a fine
authorized by article eighty of this title and in such case the sentence
shall be both imprisonment and a fine.
5. Multiple felony offender. Where the court imposes a sentence
pursuant to subdivision three of section 70.70 of this chapter upon a
second felony drug offender, as defined in paragraph (b) of subdivision
one of section 70.70 of this chapter, it must sentence such offender to
imprisonment in accordance with the applicable provisions of section
70.70 of this chapter, a definite sentence of imprisonment with a term
of one year or less, or probation in accordance with section 65.00 of
this chapter, provided, however, that where the court imposes a sentence
upon a class B second felony drug offender, it must sentence such
offender to a determinate sentence of imprisonment in accordance with
the applicable provisions of section 70.70 of this chapter or to a
sentence of probation in accordance with the opening paragraph of
paragraph (b) of subdivision one of section 65.00 of this chapter. When
the court imposes sentence on a second felony drug offender pursuant to
subdivision four of section 70.70 of this chapter, it must impose a
determinate sentence of imprisonment in accordance with such
subdivision.
6. Substance abuse treatment. When the court imposes a sentence of
imprisonment which requires a commitment to the state department of
correctional services upon a person who stands convicted of a controlled
substance or marihuana offense, the court may, upon motion of the
defendant in its discretion, issue an order directing that the
department of correctional services enroll the defendant in the
comprehensive alcohol and substance abuse treatment program in an
alcohol and substance abuse correctional annex as defined in subdivision
eighteen of section two of the correction law, provided that the
defendant will satisfy the statutory eligibility criteria for
participation in such program. Notwithstanding the foregoing provisions
of this subdivision, any defendant to be enrolled in such program
pursuant to this subdivision shall be governed by the same rules and
regulations promulgated by the department of correctional services,
including without limitation those rules and regulations establishing
requirements for completion and those rules and regulations governing
discipline and removal from the program. No such period of court ordered
corrections based drug abuse treatment pursuant to this subdivision
shall be required to extend beyond the defendant's conditional release
date.
7. a. Shock incarceration participation. When the court imposes a
sentence of imprisonment which requires a commitment to the department
of correctional services upon a person who stands convicted of a
controlled substance or marihuana offense, upon motion of the defendant,
the court may issue an order directing that the department of
correctional services enroll the defendant in the shock incarceration
program as defined in article twenty-six-A of the correction law,
provided that the defendant is an eligible inmate, as described in
subdivision one of section eight hundred sixty-five of the correction
law. Notwithstanding the foregoing provisions of this subdivision, any
defendant to be enrolled in such program pursuant to this subdivision
shall be governed by the same rules and regulations promulgated by the
department of correctional services, including without limitation those
rules and regulations establishing requirements for completion and such
ules and regulations governing discipline and removal from the program.
b. (i) In the event that an inmate designated by court order for
enrollment in the shock incarceration program requires a degree of
medical care or mental health care that cannot be provided at a shock
incarceration facility, the department, in writing, shall notify the
inmate, provide a proposal describing a proposed
alternative-to-shock-incarceration program, and notify him or her that
he or she may object in writing to placement in such
alternative-to-shock-incarceration program. If the inmate objects in
writing to placement in such alternative-to-shock-incarceration program,
the department of correctional services shall notify the sentencing
court, provide such proposal to the court, and arrange for the inmate's
prompt appearance before the court. The court shall provide the proposal
and notice of a court appearance to the people, the inmate and the
appropriate defense attorney. After considering the proposal and any
submissions by the parties, and after a reasonable opportunity for the
people, the inmate and counsel to be heard, the court may modify its
sentencing order accordingly, notwithstanding the provisions of section
430.10 of the criminal procedure law.
(ii) An inmate who successfully completes an
alternative-to-shock-incarceration program within the department of
correctional services shall be treated in the same manner as a person
who has successfully completed the shock incarceration program, as set
forth in subdivision four of section eight hundred sixty-seven of the
correction law.
S 60.05 Authorized dispositions; class A, B, certain C and D felonies
and multiple felony offenders.
1. Applicability. Except as provided in section 60.04 of this article
governing the authorized dispositions applicable to felony offenses
defined in article two hundred twenty or two hundred twenty-one of this
chapter or in section 60.13 of this article governing the authorized
dispositions applicable to felony sex offenses defined in paragraph (a)
of subdivision one of section 70.80 of this title, this section shall
govern the dispositions authorized when a person is to be sentenced upon
a conviction of a class A felony, a class B felony or a class C, class D
or class E felony specified herein, or when a person is to be sentenced
upon a conviction of a felony as a multiple felony offender.
2. Class A felony. Except as provided in subdivisions three and four
of section 70.06 of this chapter, every person convicted of a class A
felony must be sentenced to imprisonment in accordance with section
70.00 of this title, unless such person is convicted of murder in the
first degree and is sentenced in accordance with section 60.06 of this
article.
3. Class B felony. Except as provided in subdivision six of this
section, every person convicted of a class B violent felony offense as
defined in subdivision one of section 70.02 of this title, must be
sentenced to imprisonment in accordance with such section 70.02; and,
except as provided in subdivision six of this section, every person
convicted of any other class B felony must be sentenced to imprisonment
in accordance with section 70.00 of this title.
4. Certain class C felonies. Except as provided in subdivision six,
every person convicted of a class C violent felony offense as defined in
subdivision one of section 70.02, must be sentenced to imprisonment in
accordance with section 70.02; and, except as provided in subdivision
six, every person convicted of the class C felonies of: attempt to
commit any of the class B felonies of bribery in the first degree as
defined in section 200.04, bribe receiving in the first degree as
defined in section 200.12, conspiracy in the second degree as defined in
section 105.15 and criminal mischief in the first degree as defined in
section 145.12; criminal usury in the first degree as defined in section
190.42, rewarding official misconduct in the first degree as defined in
section 200.22, receiving reward for official misconduct in the first
degree as defined in section 200.27, criminal possession of a controlled
substance in the fourth degree as defined in subdivision one, two,
three, four, five, six, seven, eight or nine of section 220.09, or
criminal sale of a controlled substance in the fourth degree as defined
in subdivision one or two of section 220.34, attempt to promote
prostitution in the first degree as defined in section 230.32, promoting
prostitution in the second degree as defined in section 230.30, arson in
the third degree as defined in section 150.10, must be sentenced to
imprisonment in accordance with section 70.00 of this title.
5. Certain class D felonies. Except as provided in subdivision six,
every person convicted of the class D felonies of attempt to commit
assault in the first degree as defined in section 120.10, or assault in
the second degree as defined in section 120.05, attempt to commit a
class C felony as defined in section 230.30, must be sentenced in
accordance with section 70.00 or 85.00 of this title.
6. Multiple felony offender. When the court imposes sentence upon a
second violent felony offender, as defined in section 70.04, or a second
felony offender, as defined in section 70.06, the court must impose a
sentence of imprisonment in accordance with section 70.04 or 70.06, as
the case may be, unless it imposes a sentence of imprisonment in
accordance with section 70.08 or 70.10.
7. Fines. Where the court imposes a sentence of imprisonment in
accordance with this section, the court also may impose a fine
authorized by article eighty and in such case the sentence shall be both
imprisonment and a fine.
S 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; certain murder in the second
degree offenders; certain terrorism offenders; criminal
possession of a chemical weapon or biological weapon
offenders; criminal use of a chemical weapon or biological
weapon offenders.
When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in accordance with
the provisions of section 400.27 of the criminal procedure law, sentence
the defendant to death, to life imprisonment without parole in
accordance with subdivision five of section 70.00 of this title, or to a
term of imprisonment for a class A-I felony other than a sentence of
life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title. When a person is convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section 490.25 of
this chapter, and the specified offense the defendant committed is a
class A-I felony offense, or when a defendant is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to life
imprisonment without parole in accordance with subdivision five of
section 70.00 of this title; provided, however, that nothing in this
section shall preclude or prevent a sentence of death when the defendant
is also convicted of murder in the first degree as defined in section
125.27 of this chapter. When a defendant is convicted of aggravated
murder as defined in subdivision two of section 125.26 of this chapter,
the court shall sentence the defendant to life imprisonment without
parole or to a term of imprisonment for a class A-I felony other than a
sentence of life imprisonment without parole, in accordance with
subdivisions one through three of section 70.00 of this title.
S 60.07 Authorized disposition; criminal attack on operators of for-hire
vehicles.
1. Notwithstanding any other provision of law to the contrary, when a
court has found, pursuant to the provisions of section 200.61 of the
criminal procedure law, both that a person has been convicted of a
specified offense as defined in subdivision two of this section and the
victim of such offense was operating a for-hire vehicle in the course of
providing for-hire vehicle services at the time of the commission of
such offense, the sentence of imprisonment imposed upon conviction for
such offense shall be the sentence authorized by the applicable
provisions of article seventy of this chapter, provided, however, that
the minimum term of an indeterminate sentence or minimum determinate
sentence shall be not less than three years nor more than five years
greater than the minimum term or sentence otherwise required to be
imposed pursuant to such provisions. The provisions of this subdivision
shall not apply where the court, having regard to the nature and
circumstances of the crime and the history and character of the
defendant, finds on the record that such additional term or sentence
would be unduly harsh and that not imposing such additional term or
sentence would be consistent with the public safety and would not
deprecate the seriousness of the crime.
2. For purposes of this section:
(a) the term "specified offense" shall mean an attempt to commit
murder in the second degree as defined in section 125.25 of this
chapter, gang assault in the first degree as defined in section 120.07
of this chapter, gang assault in the second degree as defined in section
120.06 of this chapter, assault in the first degree as defined in
section 120.10 of this chapter, manslaughter in the first degree as
defined in section 125.20 of this chapter, manslaughter in the second
degree as defined in section 125.15 of this chapter, robbery in the
first degree as defined in section 160.15 of this chapter, robbery in
the second degree as defined in section 160.10 of this chapter, or the
attempted commission of any of the following offenses: gang assault in
the first degree as defined in section 120.07, assault in the first
degree as defined in section 120.10, manslaughter in the first degree as
defined in section 125.20 or robbery in the first degree as defined in
section 160.15;
(b) the term "for-hire vehicle" shall mean a vehicle designed to carry
not more than five passengers for compensation and such vehicle is a
taxicab, as defined in section one hundred forty-eight-a of the vehicle
and traffic law, a livery, as such term is defined in section one
hundred twenty-one-e of the vehicle and traffic law, or a "black car",
as such term is defined in paragraph (g) of this subdivision;
(c) the term "livery car base" shall mean a central facility, wherever
located, that dispatches a livery operator to both pick-up and discharge
passengers in the state;
(d) "for-hire vehicle services" shall mean:
(i) with respect to a taxicab, the transport of passengers pursuant to
a license or permit issued by a local authority by a person duly
authorized to operate such taxicab;
(ii) with respect to a livery, the transport of passengers by a livery
operator while affiliated with a livery car base; or
(iii) with respect to a "black car", the transport of passengers by a
"black car operator" pursuant to dispatches from or by a central
dispatch facility regardless of where the pick-up and discharge occurs,
and, with respect to dispatches from or by a central dispatch facility
located outside the state, all dispatches involving a pick-up in the
state, regardless of where the discharge occurs.
(e) "livery operator" shall mean the registered owner of a livery, as
such term is defined in section one hundred twenty-one-e of the vehicle
and traffic law, or a driver designated by such registered owner to
operate the registered owner`s livery as the registered owner`s
authorized designee, where such registered owner or driver provides
services while affiliated with a livery car base;
(f) "black car operator" shall mean the registered owner of a "black
car" or a driver designated by such registered owner to operate the
registered owner`s black car as the registered owner`s authorized
designee; and
(g) "black car" shall mean a for-hire vehicle dispatched from a
central facility, which has certified to the satisfaction of the
department of state pursuant to article six-F of the executive law that
more than ninety percent of the central facility`s for-hire business is
on a payment basis other than direct cash payment by a passenger.
S 60.08 Authorized dispositions; resentencing of certain controlled
substance offenders.
Any person convicted of an offense and sentenced to prison for an
indeterminate sentence, the minimum of which was at least one year and
the maximum of which was life imprisonment, which sentence was imposed
pursuant to chapter two hundred seventy-six, two hundred seventy-seven,
two hundred seventy-eight, or ten hundred fifty-one of the laws of
nineteen hundred seventy-three, and for which such sentence was imposed
upon conviction of the crime of criminal possession of a controlled
substance in the first degree, criminal possession of a controlled
substance in the second degree, criminal possession of a controlled
substance in the third degree, criminal sale of a controlled substance
in the first degree, criminal sale of a controlled substance in the
second degree, or criminal sale of a controlled substance in the third
degree, and the sole controlled substance involved was methadone, may
apply, upon notice to the appropriate district attorney, for
resentencing in the court which originally imposed sentence.
Such resentencing shall, unless substantial justice dictates
otherwise, be pursuant to the current provisions of the penal law, and
shall include credit for any jail time incurred upon the subject
conviction as well as credit for any period of incarceration incurred
pursuant to the sentence originally imposed.
In cases where the proof before the court is not available or is not
sufficiently reliable to determine the amount of methadone present in
any preparation, compound, mixture or substance containing methadone,
there shall exist a rebuttable presumption that each ounce of the
preparation, compound, mixture or substance contained sixty milligrams
of methadone.
S 60.09 Authorized dispositions; resentencing of certain persons
convicted of specified controlled substance offenses.
a. Any person convicted of an offense as defined in section 115.05,
220.16, 220.18, 220.39 or 220.41 of this chapter or of an attempt
thereof, for an act committed on or after September first, nineteen
hundred seventy-three but prior to the date on which the provisions of
this section become effective, may, upon notice to the appropriate
district attorney, apply for resentencing in the court which originally
imposed sentence. Such resentencing shall be in accordance with the
provisions of subdivision (b) of this section and shall include credit
for any jail time incurred upon the subject conviction as well as credit
for any period of incarceration incurred pursuant to the sentence
originally imposed.
b. A court, upon an application specified in subdivision (a) of this
section may resentence a person as follows:
(i) if the conviction was for a class A-III offense the court may
impose a new maximum term which shall be no less than three times the
amount of the minimum term imposed in the original sentence and no more
than twenty-five years;
(ii) if the conviction was for a class A-II offense the court may
impose a new minimum term which shall be no less than three years
imprisonment and no more than eight and one-third years;
(iii) upon resentence of a person as specified in paragraph (i) of
this subdivision the court shall resentence the person to the same
minimum term previously imposed;
(iv) upon resentence of a person as specified in paragraph (ii) of
this subdivision the court shall impose a maximum term of life
imprisonment;
(v) if the conviction was for an offense as specified in section
115.05 of this chapter and the offense which was the object of the
criminal facilitation was a class A-III felony then the court shall set
aside the conviction and substitute it with a conviction for violation
of section 115.01 or 115.00 of this chapter, whichever is appropriate
under the facts of the case, and impose a sentence in accordance with
those provisions.
c. Upon resentence as provided in this section the court may not
impose a sentence greater than the sentence previously imposed.
S 60.10 Authorized disposition; juvenile offender.
1. When a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section 70.05
or sentence him upon a youthful offender finding in accordance with
section 60.02 of this chapter.
2. Subdivision one of this section shall apply when sentencing a
juvenile offender notwithstanding the provisions of any other law that
deals with the authorized sentence for persons who are not juvenile
offenders. Provided, however, that the limitation prescribed by this
section shall not be deemed or construed to bar use of a conviction of a
juvenile offender, other than a juvenile offender who has been
adjudicated a youthful offender pursuant to section 720.20 of the
criminal procedure law, as a previous or predicate felony offender under
section 70.04, 70.06, 70.08 or 70.10, when sentencing a person who
commits a felony after he has reached the age of sixteen.
S 60.11 Authorized dispositions; criminal possession of a weapon in the
fourth degree.
When a person is to be sentenced upon a conviction of the crime of
criminal possession of a weapon in the fourth degree as defined in
subdivision one of section 265.01 as a result of a plea of guilty
entered in satisfaction of an indictment or count thereof charging the
defendant with the class D violent felony offense of criminal possession
of a weapon in the third degree as defined in subdivision four of
section 265.02, the court must sentence the defendant in accordance with
the provisions of section 70.15.
S 60.12 Authorized disposition; alternative indeterminate sentence of
imprisonment; domestic violence cases.
1. Notwithstanding any other provision of law, where a court is
imposing sentence pursuant to section 70.02 upon a conviction for an
offense enumerated in subdivision one of such section, other than an
offense defined in article one hundred thirty of this chapter, and is
authorized or required pursuant to such section to impose a determinate
sentence of imprisonment for such offense, the court, upon a
determination following a hearing that (a) the defendant was the victim
of physical, sexual or psychological abuse by the victim or intended
victim of such offense, (b) such abuse was a factor in causing the
defendant to commit such offense and (c) the victim or intended victim
of such offense was a member of the same family or household as the
defendant as such term is defined in subdivision one of section 530.11
of the criminal procedure law, may, in lieu of imposing such determinate
sentence of imprisonment, impose an indeterminate sentence of
imprisonment in accordance with subdivisions two and three of this
section.
2. The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as follows:
(a) For a class B felony, the term must be at least six years and must
not exceed twenty-five years;
(b) For a class C felony, the term must be at least four and one-half
years and must not exceed fifteen years;
(c) For a class D felony, the term must be at least three years and
must not exceed seven years; and
(d) For a class E felony, the term must be at least three years and
must not exceed four years.
3. The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court at one-half of the maximum term imposed and must be specified in
the sentence.
S 60.13 Authorized dispositions; felony sex offenses.
When a person is to be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a
sexually motivated felony, or patronizing a prostitute in the first
degree as defined in section 230.06 of this chapter, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
S 60.20 Authorized dispositions; traffic infraction.
1. When a person is convicted of a traffic infraction, the sentence of
the court shall be as follows:
(a) A period of conditional discharge, as provided in article
sixty-five; or
(b) Unconditional discharge as provided in section 65.20; or
(c) A fine or a sentence to a term of imprisonment, or both, as
prescribed in and authorized by the provision that defines the
infraction; or
(d) A sentence of intermittent imprisonment, as provided in article
eighty-five.
2. Where a sentence of conditional discharge is imposed for a traffic
infraction, all incidents of the sentence shall be the same as would be
applicable if the sentence were for a violation.
S 60.21 Authorized dispositions; driving while intoxicated or aggravated
driving while intoxicated.
Notwithstanding paragraph (d) of subdivision two of section 60.01 of
this article, when a person is to be sentenced upon a conviction for a
violation of subdivision two, two-a or three of section eleven hundred
ninety-two of the vehicle and traffic law, the court may sentence such
person to a period of imprisonment authorized by article seventy of this
title and shall sentence such person to a period of probation or
conditional discharge in accordance with the provisions of section 65.00
of this title and shall order the installation and maintenance of a
functioning ignition interlock device. Such period of probation or
conditional discharge shall run consecutively to any period of
imprisonment and shall commence immediately upon such person's release
from imprisonment.
S 60.25 Authorized dispositions; corporation.
When a corporation is convicted of an offense, the sentence of the
court shall be as follows:
(a) A fine authorized by section 80.10; or
(b) Where authorized by section 65.05, a period of conditional
discharge as provided in that section; or
(c) Where authorized by section 65.20, unconditional discharge as
provided in that section.
In any case where a corporation has been sentenced to a period of
conditional discharge and such sentence is revoked, the court shall
sentence the corporation to pay a fine.
S 60.27 Restitution and reparation.
1. In addition to any of the dispositions authorized by this article,
the court shall consider restitution or reparation to the victim of the
crime and may require restitution or reparation as part of the sentence
imposed upon a person convicted of an offense, and after providing the
district attorney with an opportunity to be heard in accordance with the
provisions of this subdivision, require the defendant to make
restitution of the fruits of his or her offense or reparation for the
actual out-of-pocket loss caused thereby and, in the case of a violation
of section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any
costs or losses incurred due to any adverse action taken against the
victim. The district attorney shall where appropriate, advise the court
at or before the time of sentencing that the victim seeks restitution or
reparation, the extent of injury or economic loss or damage of the
victim, and the amount of restitution or reparation sought by the victim
in accordance with his or her responsibilities under subdivision two of
section 390.50 of the criminal procedure law and article twenty-three of
the executive law. The court shall hear and consider the information
presented by the district attorney in this regard. In that event, or
when the victim impact statement reports that the victim seeks
restitution or reparation, the court shall require, unless the interests
of justice dictate otherwise, in addition to any of the dispositions
authorized by this article that the defendant make restitution of the
fruits of the offense and reparation for the actual out-of-pocket loss
and, in the case of a violation of section 190.78, 190.79, 190.80,
190.82 or 190.83 of this chapter, any costs or losses incurred due to
any adverse action, caused thereby to the victim. In the event that
restitution or reparation are not ordered, the court shall clearly state
its reasons on the record. Adverse action as used in this subdivision
shall mean and include actual loss incurred by the victim and the
consequential financial losses from such action.
2. Whenever the court requires restitution or reparation to be made,
the court must make a finding as to the dollar amount of the fruits of
the offense and the actual out-of-pocket loss to the victim caused by
the offense. In making this finding, the court must consider any victim
impact statement provided to the court. If the record does not contain
sufficient evidence to support such finding or upon request by the
defendant, the court must conduct a hearing upon the issue in accordance
with the procedure set forth in section 400.30 of the criminal procedure
law.
3. The provisions of sections 420.10, 420.20 and 420.30 of the
criminal procedure law shall apply in the collection and remission of
restitution and reparation.
4. For purposes of the imposition, determination and collection of
restitution or reparation, the following definitions shall apply:
(a) the term "offense" shall include the offense for which a defendant
was convicted, as well as any other offense that is part of the same
criminal transaction or that is contained in any other accusatory
instrument disposed of by any plea of guilty by the defendant to an
offense.
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good samaritan as defined in section six
hundred twenty-one of the executive law and the office of victim
services or other governmental agency that has received an application
for or has provided financial assistance or compensation to the victim.
A victim shall also mean any owner or lawful producer of a master
recording, or a trade association that represents such owner or lawful
producer, that has suffered injury as a result of an offense as defined
in article two hundred seventy-five of this chapter.
5. (a) Except upon consent of the defendant or as provided in
paragraph (b) of this subdivision, or as a condition of probation or
conditional discharge as provided in paragraph (g) of subdivision two of
section 65.10 of this chapter, the amount of restitution or reparation
required by the court shall not exceed fifteen thousand dollars in the
case of a conviction for a felony, or ten thousand dollars in the case
of a conviction for any offense other than a felony. Notwithstanding the
provisions of this subdivision, if an officer of a school district is
convicted of violating any section of article one hundred fifty-five of
this chapter where the victim of such crime is such officer's school
district, the court may require an amount of restitution up to the full
amount of the fruits of the offense or reparation up to the full amount
of the actual out-of-pocket loss suffered by the victim, provided
further that in such case the provisions of paragraph (b) of this
subdivision shall not apply.
(b) The court in its discretion may impose restitution or reparation
in excess of the amounts specified in paragraph (a) of this subdivision,
provided however that the amount in excess must be limited to the return
of the victim`s property, including money, or the equivalent value
thereof; and reimbursement for medical expenses actually incurred by the
victim prior to sentencing as a result of the offense committed by the
defendant.
6. Any payment made as restitution or reparation pursuant to this
section shall not limit, preclude or impair any liability for damages in
any civil action or proceeding for an amount in excess of such payment.
7. In the event that the court requires restitution or reparation to
be made to a person and that person dies prior to the completion of said
restitution or reparation, the remaining payments shall be made to the
estate of the deceased.
8. The court shall in all cases where restitution or reparation is
imposed direct as part of the disposition that the defendant pay a
designated surcharge of five percent of the entire amount of a
restitution or reparation payment to the official or organization
designated pursuant to subdivision eight of section 420.10 of the
criminal procedure law. The designated surcharge shall not exceed five
percent of the amount actually collected. Upon the filing of an
affidavit of the official or organization designated pursuant to
subdivision eight of section 420.10 of the criminal procedure law
demonstrating that the actual cost of the collection and administration
of restitution or reparation in a particular case exceeds five percent
of the entire amount of the payment or the amount actually collected, as
the case may be, the court shall direct that the defendant pay an
additional surcharge of not more than five percent of the entire amount
of a restitution or reparation payment to such official or organization,
or the actual cost of collection or administration, whichever is less
unless, upon application of the defendant, the court determines that
imposition of such additional surcharge would cause undue hardship to
the defendant, or any other person who is financially supported by the
defendant, or would otherwise not be in the interest of justice. Such
additional surcharge, when added to the initial five percent surcharge,
shall not exceed ten percent of the amount actually collected.
9. If the offense of which a person is convicted is a class A, class
B, class C, or class D felony involving the sale of a controlled
substance, as defined in article two hundred twenty of this chapter, and
no other victim who is a person is seeking restitution in the case, the
term "victim" as used in this section, in addition to its ordinary
meaning, shall mean any law enforcement agency of the state of New York
or of any subdivision thereof which has expended funds in the purchase
of any controlled substance from such person or his agent as part of the
investigation leading to such conviction. Any restitution which may be
required to be made to a law enforcement agency pursuant to this section
shall be limited to the amount of funds expended in the actual purchase
of such controlled substance by such law enforcement agency, less the
amount of any funds which have been or will be recovered from any other
source, and shall not include a designated surcharge pursuant to
subdivision eight of this section. Any law enforcement agency seeking
restitution pursuant to this section shall file with the court and the
district attorney an affidavit stating that funds expended in the actual
purchase of a controlled substance for which restitution is being sought
have not been and will not be recovered from any other source or in any
other civil or criminal proceeding. Any law enforcement agency receiving
restitution pursuant to this section shall promptly transmit to the
commissioner of the division of criminal justice services a report
stating the dollar amount of the restitution received.
10. If the offense of which a person is convicted is defined in
section 150.10, 150.15 or 150.20 of this chapter, and no other victim
who is a person is seeking restitution in the case, the term "victim" as
used in this section, in addition to its ordinary meaning, shall mean
any municipality which has expended funds or will expend funds for the
purpose of restoration, rehabilitation or clean-up of the site of the
arson. Any restitution which may be required to be made to a
municipality pursuant to this section shall be limited to the amount of
funds reasonably expended or to be expended for the purpose of
restoration, rehabilitation or clean-up of the site of the arson, less
the amount of any funds which have been or will be recovered from any
other source, and shall not include a designated surcharge pursuant to
subdivision eight of this section. Any municipality seeking restitution
pursuant to this section shall file with the court, district attorney
and defense counsel an affidavit stating that the funds reasonably
expended or to be expended for which restitution is being sought have
not been and will not be recovered from any other source or in any other
civil or criminal proceeding.
11. Notwithstanding any other provision of this section to the
contrary, when a person is convicted of harming an animal trained to aid
a person with a disability in the second degree as defined in section
195.11 of this chapter, or harming an animal trained to aid a person
with a disability in the first degree as defined in section 195.12 of
this chapter, the court, in addition to any other sentence, shall order
the payment of restitution to the person with a disability who was aided
by such animal.
12. If the offense of which a person is convicted is defined in
section 155.25, 155.30, 155.35, 155.40 or 155.42 of this chapter, and
the property taken is timber, the court may upon conviction, in addition
to any other sentence, direct the defendant to pay the rightful owner of
such timber an amount equal to treble the stumpage value of the timber
stolen as defined in section 71-0703 of the environmental conservation
law and for any permanent and substantial damage caused to the land or
the improvements thereon as a result of such violation. Such reparations
shall be of such kind, nature and extent as will reasonably restore the
lands affected by the violation to their condition immediately before
the violation and may be made by physical restoration of such lands
and/or by the assessment of monetary payment to make such restoration.
13. If the offense of which a person is convicted is defined in
section 240.50, subdivision one or two of section 240.55, section 240.60
or section 240.61 of this chapter, and no other victim who is a person
is seeking restitution in the case, the term "victim" as used
in this subdivision, in addition to the ordinary meaning, shall mean any
school, municipality, fire district, fire company, fire corporation,
ambulance association, ambulance corporation, or other legal or public
entity engaged in providing emergency services which has expended funds
for the purpose of responding to a false report of an incident or false
bomb as defined in section 240.50, subdivision one or two of section
240.55, section 240.60 or section 240.61 of this chapter. Any restitution
which may be required to be made to a victim pursuant to this subdivision
shall be limited to the amount of funds reasonably expended for the
purpose of responding to such false report of incident or false bomb,
less the amount of any funds which have been or will be recovered from
any other source and shall not include a designated surcharge pursuant
to subdivision eight of this section. Any victim seeking restitution
pursuant to this subdivision shall file with the court, district
attorney and defense counsel an affidavit stating that the funds
reasonably expended for which restitution is being sought have not been
and will not be recovered from any other source or in any other civil or
criminal proceeding, except as provided for by section 3-112 of the
general obligations law.
14. Where a transfer of probation has occurred pursuant to section
410.80 of the criminal procedure law and the probationer is subject to a
restitution condition, the department of probation in the county in
which the order of restitution was imposed shall notify the appropriate
district attorney. Upon notification by the department of probation,
such district attorney shall file a certified copy of the judgment with
the clerk of the county in the receiving jurisdiction for purposes of
establishing a first lien and to permit institution of civil proceedings
pursuant to the provisions of subdivision six of section 420.10 of the
criminal procedure law.
S 60.28 Authorized disposition; making graffiti and possession of
graffiti instruments.
When a person is convicted of an offense defined in section 145.60 or
145.65 of this chapter, or of an attempt to commit such offense, and the
sentence imposed by the court for such conviction includes a sentence of
probation or conditional discharge, the court shall, where appropriate,
include as a condition of such sentence the defendant`s successful
participation in a graffiti removal program pursuant to paragraph (h) of
subdivision two of section 65.10 of this chapter.
S 60.29 Authorized disposition; cemetery desecration.
When a person is convicted of an offense defined in section 145.22 or
145.23 of this chapter or of an attempt to commit such an offense, and
the sentence imposed by the court for such conviction includes a
sentence of probation or conditional discharge, such sentence shall,
where appropriate, be in accordance with paragraph (h) of subdivision
two of section 65.10 of this article as such section relates to cemetery
crime.
S 60.30 Civil penalties.
This article does not deprive the court of any authority conferred by
law to decree a forfeiture of property, suspend or cancel a license,
remove a person from office, or impose any other civil penalty and any
appropriate order exercising such authority may be included as part of
the judgment of conviction.
S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
fee and crime victim assistance fee required in certain cases.
1. (a) Except as provided in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks, recreation and
historic preservation law, whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter, there shall be levied at sentencing a mandatory
surcharge, sex offender registration fee, DNA databank fee and a crime
victim assistance fee in addition to any sentence required or permitted
by law, in accordance with the following schedule:
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars and a crime victim assistance fee of twenty-five
dollars;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim
assistance fee of twenty-five dollars;
(iii) a person convicted of a violation shall pay a mandatory
surcharge of ninety-five dollars and a crime victim assistance fee of
twenty-five dollars;
(iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender
registration fee of fifty dollars.
(v) a person convicted of a designated offense as defined by
subdivision seven of section nine hundred ninety-five of the executive
law shall, in addition to a mandatory surcharge and crime victim
assistance fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph (a) of this subdivision results from an
offense contained in article one hundred thirty of this chapter, incest
in the third, second or first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted shall pay a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or
omission which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee in accordance with
the provisions of this section for the crime or violation which carries
the highest classification, and no other sentence to pay a mandatory
surcharge or a crime victim assistance fee required by this section
shall be imposed. Where a person is convicted of two or more sex
offenses or sexually violent offenses, as defined by subdivisions two
and three of section one hundred sixty-eight-a of the correction law,
committed through a single act or omission, or through an act or
omission which in itself constituted one of the offenses and also was a
material element of the other, the court shall impose only one sex
offender registration fee. Where a person is convicted of two or more
designated offenses, as defined by subdivision seven of section nine
hundred ninety-five of the executive law, committed through a single act
or omission, or through an act or omission which in itself constituted
one of the offenses and also was a material element of the other, the
court shall impose only one DNA databank fee.
3. The mandatory surcharge, sex offender registration fee, DNA
databank fee and crime victim assistance fee provided for in subdivision
one of this section shall be paid to the clerk of the court or
administrative tribunal that rendered the conviction. Within the first
ten days of the month following collection of the mandatory surcharge
and crime victim assistance fee, the collecting authority shall
determine the amount of mandatory surcharge and crime victim assistance
fee collected and, if it is an administrative tribunal, or a town or
village justice court, it shall then pay such money to the state
comptroller who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the criminal justice improvement account established by section
ninety-seven-bb of the state finance law. Within the first ten days of
the month following collection of the sex offender registration fee and
DNA databank fee, the collecting authority shall determine the amount of
the sex offender registration fee and DNA databank fee collected and, if
it is an administrative tribunal, or a town or village justice court, it
shall then pay such money to the state comptroller who shall deposit
such money in the state treasury pursuant to section one hundred
twenty-one of the state finance law to the credit of the general fund.
If such collecting authority is any other court of the unified court
system, it shall, within such period, pay such money attributable to the
mandatory surcharge or crime victim assistance fee to the state
commissioner of taxation and finance to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law. If such collecting authority is any other court
of the unified court system, it shall, within such period, pay such
money attributable to the sex offender registration fee and the DNA
databank fee to the state commissioner of taxation and finance to the
credit of the general fund.
4. Any person who has paid a mandatory surcharge, sex offender
registration fee, DNA databank fee or a crime victim assistance fee
under the authority of this section based upon a conviction that is
subsequently reversed or who paid a mandatory surcharge, sex offender
registration fee, DNA databank fee or a crime victim assistance fee
under the authority of this section which is ultimately determined not
to be required by this section shall be entitled to a refund of such
mandatory surcharge, sex offender registration fee, DNA databank fee or
crime victim assistance fee upon application to the state comptroller.
The state comptroller shall require such proof as is necessary in order
to determine whether a refund is required by law.
* 5. (a) When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee or crime
victim assistance fee required by this section, the clerk of the court
that rendered the conviction shall notify the superintendent or the
municipal official of the facility where the person is confined. The
superintendent or the municipal official shall cause any amount owing to
be collected from such person during his term of imprisonment from
moneys to the credit of an inmates` fund or such moneys as may be earned
by a person in a work release program pursuant to section eight hundred
sixty of the correction law. Such moneys attributable to the mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees or crime
victim assistance fees levied in relation to convictions obtained in a
town or village justice court shall be paid within thirty days after the
receipt thereof by the superintendent or municipal official of the
facility to the justice of the court in which the conviction was
obtained. For the purposes of collecting such mandatory surcharge, sex
offender registration fee, DNA databank fee and crime victim assistance
fee, the state shall be legally entitled to the money to the credit of
an inmates` fund or money which is earned by an inmate in a work release
program. For purposes of this subdivision, the term "inmates` fund"
shall mean moneys in the possession of an inmate at the time of his
admission into such facility, 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 such
superintendent or municipal official.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee or crime
victim assistance fee remains unpaid. In such circumstances, any monies
which may lawfully be withheld from the compensation paid to a prisoner
for work performed while housed in a general confinement facility in
satisfaction of such an obligation shall first be applied toward
satisfaction of such obligation.
* NB Effective until September 1, 2013
* 5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee or crime
victim assistance fee required by this section, the clerk of the court
that rendered the conviction shall notify the superintendent or the
municipal official of the facility where the person is confined. The
superintendent or the municipal official shall cause any amount owing to
be collected from such person during his term of imprisonment from
moneys to the credit of an inmates` fund or such moneys as may be earned
by a person in a work release program pursuant to section eight hundred
sixty of the correction law. Such moneys attributable to the mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees or crime
victim assistance fees levied in relation to convictions obtained in a
town or village justice court shall be paid within thirty days after the
receipt thereof by the superintendent or municipal official of the
facility to the justice of the court in which the conviction was
obtained. For the purposes of collecting such mandatory surcharge, sex
offender registration fee, DNA databank fee and crime victim assistance
fee, the state shall be legally entitled to the money to the credit of
an inmates` fund or money which is earned by an inmate in a work release
program. For purposes of this subdivision, the term "inmates` fund"
shall mean moneys in the possession of an inmate at the time of his
admission into such facility, 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 such
superintendent or municipal official.
* NB Effective until September 1, 2013
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
chapter, such person shall not be required to pay a mandatory surcharge
or a crime victim assistance fee.
7. Notwithstanding the provisions of subdivision one of section 60.00
of this chapter, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served upon the
person required to pay the mandatory surcharge, sex offender
registration fee or DNA databank fee, a summons directing that such
person appear before the court regarding the payment of the mandatory
surcharge, sex offender registration fee or DNA databank fee if after
sixty days from the date it was imposed it remains unpaid. The
designated date of appearance on the summons shall be set for the first
day court is in session falling after the sixtieth day from the
imposition of the mandatory surcharge, sex offender registration fee or
DNA databank fee. The summons shall contain the information required by
subdivision two of section 130.10 of the criminal procedure law except
that in substitution for the requirement of paragraph (c) of such
subdivision the summons shall state that the person served must appear
at a date, time and specific location specified in the summons if after
sixty days from the date of issuance the mandatory surcharge, sex
offender registration fee or DNA databank fee remains unpaid. The court
shall not issue a summons under this subdivision to a person who is
being sentenced to a term of confinement in excess of sixty days in jail
or in the department of correctional services. The mandatory surcharges,
sex offender registration fee and DNA databank fees for those persons
shall be governed by the provisions of section 60.30 of the penal law.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.
10. The provisions of this section shall apply to sentences imposed
upon a youthful offender finding; provided, however that the court shall
not impose the sex offender registration fee, DNA databank fee or
supplemental sex offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted with a
youthful offender finding.
S 60.36 Authorized dispositions; driving while intoxicated offenses.
Where a court is imposing a sentence for a violation of subdivision
two, two-a, or three of section eleven hundred ninety-two of the vehicle
and traffic law pursuant to sections 65.00 or 65.05 of this title and,
as a condition of such sentence, orders the installation and maintenance
of an ignition interlock device, the court may impose any other penalty
authorized pursuant to section eleven hundred ninety-three of the
vehicle and traffic law.
* S 60.37 Authorized disposition; certain offenses.
When a person has been charged with an offense and the elements of
such offense meet the criteria of an "eligible offense" and such person
qualifies as an "eligible person" as such terms are defined in section
four hundred fifty-eight-l of the social services law, the court may, as
a condition of probation or a conditional discharge, direct that the
defendant participate in an education reform program pursuant to
subdivision two of section four hundred fifty-eight-l of the social
services law.
* NB Effective March 21, 2012
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