Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 05, 2022 |
referred to codes |
Sep 17, 2021 |
print number 3979c |
Sep 17, 2021 |
amend (t) and recommit to codes |
Aug 20, 2021 |
print number 3979b |
Aug 20, 2021 |
amend and recommit to codes |
May 12, 2021 |
print number 3979a |
May 12, 2021 |
amend (t) and recommit to codes |
Feb 01, 2021 |
referred to codes |
Senate Bill S3979C
2021-2022 Legislative Session
Eliminates court surcharges and fees; repealer
download bill text pdfSponsored By
(D, WF) 18th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
(D, WF) 56th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
2021-S3979 - Details
- See Assembly Version of this Bill:
- A2348
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: S313, A4183
2021-S3979 - Summary
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)
2021-S3979 - Sponsor Memo
BILL NUMBER: S3979 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the civil practice law and rules, the executive law, the vehicle and traffic law, the village law and the state finance law, in relation to eliminating court surcharges and fees; and to repeal certain provisions of the penal law, the vehicle and traffic law, the parks, recreation and historic preservation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to 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 eliminat- ing the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part D); in relation to vacating all
existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or reparation from the funds of an incarcerated person; and to amend the correction law, in relation to prohibiting the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of pris- oners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the require- ment that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivision 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) PURPOSE: To remove all detrimental financial penalties from the criminal legal system which have a placed an improper price on justice and have created undue and disproportionate burdens on people of color, low income indi- viduals, and their families. This bill eliminates the use of fees and surcharges imposed on those convicted of offenses under the penal and vehicle and traffic laws and penal provisions of other statutes, elimi- nates mandatory minimum fines, requires an individualized assessment by the court of an individual's ability to pay a fine, vacates existing judgments and warrant arising out of the imposition of court fees and surcharges, and eliminates the use of the funds of an incarcerated person to pay such fees, surcharges, fines or other monetary penalties. SUMMARY OF PROVISIONS: Section one states the purpose of this legislation, to end the unfair financial burdens imposed on defendants in criminal, vehicle and traf- fic, or other criminal or quasi-criminal matters by mandatory surcharges and fees and mandatory minimum fines. Section two sets forth the legislative intent, noting that the existing system of surcharges, fees, and minimum fines has had a disparate impact on poor defendants, people of color, and those who lack financial resources, and affirmatively states the intent of the legislation, which is to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. This section then contains parts A-H. PART A repeals each provision of the penal law, vehicle and traffic law, and environmental conservation law which creates a mandatory surcharge or fee to be paid by those convicted of offenses under these laws. These fees and surcharges imposed include mandatory court surcharges, DNA databank fees, crime victim assistance fees, and sex offender registra- tion fees. This Part also eliminates the possibility of a driver's license suspension due to failure to pay a mandatory surcharge or fee. This Part further makes conforming changes to other sections of law that are required due to the repeal of the sections relating to mandatory surcharges or fees. PART B eliminates all mandatory minimum fines under the penal law and the vehicle and traffic law, by adding a new section 80.20 to the penal law and amending vehicle and traffic law 1800 by adding a new subdivi- sion (j). PART C requires, in regard to fines under the penal law or the vehicle and traffic law, that courts engage in an individualized assessment of an individual's ability to pay a fine prior to imposing a fine, by amending penal law 80.05 by adding a subdivision (7) and by adding a new section, 1811, to the vehicle and traffic law. The provisions set forth factors courts must consider to make an individualized assessment of a defendant's financial situation to be used when determining the amount of any fine imposed. PART D ends the practice of incarcerating individuals due to non-payment of a surcharge, fee, fine or restitution and establishes a procedure by which defendants may apply for re-sentencing if they are unable to pay a financial obligation imposed by the court. This Part further renders null and void any existing warrants or sentences of incarceration imposed solely due to the alleged failure of a defendant to pay a fine, restitution, reparation, surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. PART E vacates all existing civil judgements based solely on failure to timely pay and/or failure to appear at a court date set solely for the purpose of payment of a surcharge or fee. PART F ends the existing practice of taking money from the funds of an incarcerated person in order to pay a fine, restitution, or reparation requirement imposed by a court. PART G deletes existing provisions requiring that decisions relating to merit termination of a sentence, discharge from parole, or discharge from post-release supervision be based, in part, on whether the individ- ual has made a good faith effort to comply with an order of restitution, or the payment of any mandatory surcharge. PART H provides for the vacatur of all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sex offender registration fees, and supplemental sex offender victim fees. Section 3 contains a severability clause. Section 4 provides that the provisions of this act shall take effect immediately. JUSTIFICATION: In New York state there are numerous fees and surcharges that must be imposed on individuals convicted of offenses under the penal law, vehi- cle and traffic law, and environmental conservation law. Generally, these are mandatory and are imposed regardless of ability to pay or any other factor. The sole exception is contained in the Laws of 2020, chap- ter 144, which provides Courts with authority to waive fees and surcharges for defendants under the age of 21 under certain circum- stances. Fines, while not standard, are currently determined by the court. Some offenses have mandatory minimum fines, others have a range of permissi- ble fines. There is no requirement in current law that a Court inquire into or consider a defendant's ability to pay, financial resources, other financial obligations, or any other factor. While some defendants may be able to pay these costs without difficulty, the consequences for those in poverty can be devastating. Working class and poor defendants are routinely driven into debt as a result of these costs and face greater barriers to providing food and shelter for their families. There is currently no mechanism by which fees and surcharges may be waived by the sentencing court - other than the limited exception enacted in the Laws of 2020, chapter 144 for persons under 21 - even in cases where the costs would exacerbate financial hardship. Courts may defer payment, but with that deferral comes a civil judgement against the defendant. These judgements can appear on credit reports and prevent defendants from getting loans, buying homes, or, in some cases, securing employment. In cases where initial crimes were motivated by economic instability, a defendant's inability to find a job will often lead to further contact with the criminal justice system. If a defendant is sentenced to incarceration as a penalty for the under- lying conviction, funds will be withheld from their inmate funds account and the wages for any work they do will be garnished. This creates significant hardships for many incarcerated individuals and their fami- lies. Additional penalties faced for nonpayment can include suspension of the defendant's driver's license and even incarceration. There is wide- spread recognition of the detrimental, racially disparate, and counter- productive nature of the current system of mandatory fees and surcharges. The New York City Bar, for example, issued a report noting the inappro- priate use of fees and fines to raise governmental revenue and the burdens this causes to many defendants and families and calling on the legislature to eliminate surcharges and fees: New York should be a leader in justice and fairness. Tying convictions to revenue raising is inherently problematic, conflating the purpose of the system, justice, with revenue raising. Fines imposed by criminal courts should be imposed only when they are tied directly to the crimi- nal act, such as for restitution or to defer future crimes. Thus, the Bar Association recommends simply eliminating mandatory surcharges and fees.' Similarly, a 2019 study issued by the Brennan Center for Justice concluded: A wealth of evidence has already shown that thus system OF FEES AND FINES works against the goal of rehabili- tation and creates a major barrier to people reentering society after a conviction. They are often unable to pay hundreds or thousands of dollars in accumulated court debt. When debt leads to incarceration or license suspension, it becomes even harder to find a job or housing or pay child support. There's also little evidence that imposing onerous fees and fines improves public safety.2 These issues were also one focus of the investigation by the US Depart- ment of Justice Civil Rights Division into law enforcement practices in Ferguson, Missouri after Michael Brown was killed by a Ferguson police officer in 2014. In the comprehensive report issued in 2015 by the Justice Department, they noted, with findings specific to Ferguson, but not significantly different from what is found in cities and states across the country, including New York: Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson commu- nity. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stere- otypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discrimina- tory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.3 A 2019 study and report by the NYC Comptroller's Office, focused on NYC, but the findings have state-wide applicability. The report characterized fees and surcharges as: An all-but-hidden, secondary form of punishment with impacts that often last years beyond a formal prison term.4 And, as noted in a 2020 report by the Fees & Fines Justice Center: State and local jurisdic- tions are relying on fines and fees to balance their budgets - effec- tively turning police into revenue generators and tax collectors. And because of over-policing in low-income communities of color, those budg- ets are being balanced on the backs of the people who can least afford it. When policymakers rely on mass criminalization to balance their budgets, it corrupts local governments, perverts law enforcement incen- tives, and undermines police-community relations.5 PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: This bill will reduce certain revenue to the state, however, these loss- es are likely to be more than made up by reduced costs as individuals will no longer be incarcerated for failure to pay fees or surcharges, the significant administrative and financial burden stemming from proc- essing civil judgments, license suspensions, and other collateral impacts of fees and surcharges will be eliminated. And, more individuals will have an open path towards meaningful employment, which, in turn, brings economic benefits to the state. EFFECTIVE DATE: This act shall take effect immediately. 1 NYC Bar, "New York Should Re-Examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations", May 2019, https://www.nycbar.org/member-and-career-services/committees/reportslist ing/reports/detail/new-york-should-re-examine-mandatory-court-fees 2 Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees and Fines", 2019, https://www.brennancenter.org/our-work/research- reports/steepcosts-crimi nal-justice-fees-and-fines 3 US DOJ Civil Rights Division, Investigation of Ferguson Police Depart- ment, full report maybe accessed via https://www.justice.gov/opa/pr/justice-department-announces-findings-two -civil-rights-investigations-ferguson-missouri 4 NYC Comptroller, "Fees, Fines and Fairness: How Monetary Charges Drive Inequity in New York City's Criminal Justice System", 2019, https://comptroller.nyc.gov/reports/fees-fines-and-fairness/ 5 https://finesandfeesjusticecenter.org/2020/06/16/the-other-america-howfi nes-and-fees-perpetuate-injustice/
2021-S3979 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3979 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sens. SALAZAR, BENJAMIN, BRISPORT, HOYLMAN, JACKSON, MYRIE, PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, the executive law, the vehicle and traffic law, the village law and the state finance law, in relation to eliminating court surcharges and fees; and to repeal certain provisions of the penal law, the vehicle and traffic law, the parks, recreation and historic preservation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to prohib- iting mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); to amend the penal law and the vehicle and traffic law, in relation to mandating that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); to amend the criminal procedure law, in relation to eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part D); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relat- ing thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or reparation from the funds of an incarcerated person; and to amend the correction law, in relation to prohibiting the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the requirement that a person receiving a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD02794-01-1 S. 3979 2 discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA data- bank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivi- sion 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation relating to ending the unfair financial burdens imposed on defendants in criminal, vehicle and traffic, or other types of criminal or quasi-cri- minal matters by the existence of mandatory court surcharges and fees and mandatory minimum fines. This act further enacts into law procedures by which courts would be required to engage in an individualized assess- ment of a person's financial ability to pay a fine prior to imposing a fine, eliminates the availability of incarceration as a remedy for a failure to pay a fine, and vacates all existing warrants or unsatisfied civil judgments issued solely based on a person's failure to timely pay a fine, surcharge, or fee. Each component is wholly contained within a Part identified as Parts A through H. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act. § 2. Legislative intent. The legislative intent of this act is to end the inequitable financial burdens placed on defendants by the previously enacted statutory provisions which have authorized or mandated the impo- sition of surcharges, fees, and/or mandatory minimum fines, which have had a disparate impact on poor defendants, people of color, and those who lack access to the significant financial resources necessary in order to satisfy the imposition of surcharges, fees, and fines, and which have also contributed to mass incarceration in New York state. The legislative intent is also to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. PART A Section 1. Section 60.35 of the penal law is REPEALED. § 2. Section 1809 of the vehicle and traffic law is REPEALED. § 3. Section 1809-a of the vehicle and traffic law is REPEALED. § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. § 5. Section 1809-b of the vehicle and traffic law is REPEALED. § 6. Section 1809-c of the vehicle and traffic law is REPEALED. § 7. Section 1809-d of the vehicle and traffic law is REPEALED. § 8. Section 1809-e of the vehicle and traffic law is REPEALED. § 9. Section 71-0213 of the environmental conservation law is REPEALED. S. 3979 3 § 10. Subdivision (f) of section 1101 of the civil practice law and rules, as added by section 1 of part D of chapter 412 of the laws of 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by section 51 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (f) Fees for inmates. 1. Notwithstanding any other provision of law to the contrary, a federal, state or local inmate under sentence for conviction of a crime may seek to commence his or her action or proceed- ing by paying a reduced filing fee as provided in paragraph two of this subdivision. Such inmate shall file the form affidavit referred to in subdivision (d) of this section along with the summons and complaint or summons with notice or third-party summons and complaint or petition or notice of petition or order to show cause. As part of such application, the inmate shall indicate the name and mailing address of the facility at which he or she is confined along with the name and mailing address of any other federal, state or local facility at which he or she was confined during the preceding six month period. The case will be given an index number if applicable, or, in courts other than the supreme or county courts, any necessary filing number and the application will be submitted to a judge of the court. Upon receipt of the application, the court shall obtain from the appropriate official of the facility at which the inmate is confined a certified copy of the inmate's trust fund account statement (or institutional equivalent) for the six month period preceding filing of the inmate's application. If the inmate has been confined for less than six months at such facility, the court shall obtain additional information as follows: (i) in the case of a state inmate who has been transferred from anoth- er state correctional facility, the court shall obtain a trust fund account statement for the six month period from the central office of the department of corrections and community supervision in Albany; or (ii) in the case of a state inmate who is newly transferred from a federal or local correctional facility, the court shall obtain any trust fund account statement currently available from such facility. The court may, in its discretion, seek further information from the prior or current facility. 2. If the court determines that the inmate has insufficient means to pay the full filing fee, the court may permit the inmate to pay a reduced filing fee, the minimum of which shall not be less than fifteen dollars and the maximum of which shall not be more than fifty dollars. The court shall require an initial payment of such portion of the reduced filing fee as the inmate can reasonably afford or shall author- ize no initial payment of the fee if exceptional circumstances render the inmate unable to pay any fee; provided however, that the difference between the amount of the reduced filing fee and the amount paid by the inmate in the initial partial payment shall be assessed against the inmate as an outstanding obligation to be collected either by the super- intendent or the municipal official of the facility at which the inmate is confined, as the case may be[, in the same manner that mandatory surcharges are collected as provided for in subdivision five of section 60.35 of the penal law]. The court shall notify the superintendent or the municipal official of the facility where the inmate is housed of the amount of the reduced filing fee that was not directed to be paid by the inmate. Thereafter, the superintendent or the municipal official shall forward to the court any fee obligations that have been collected, provided however, that: S. 3979 4 (i) in no event shall the filing fee collected exceed the amount of fees required for the commencement of an action or proceeding; and (ii) in no event shall an inmate be prohibited from proceeding for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee. 3. The institution at which an inmate is confined, or the central office for the department of corrections and community supervision, whichever is applicable, shall promptly provide the trust fund account statement to the inmate as required by this subdivision. 4. Whenever any federal, state or local inmate obtains a judgment in connection with any action or proceeding which exceeds the amount of the filing fee, paid in accordance with the provisions of this subdivision for commencing such action or proceeding, the court shall award to the prevailing inmate, as a taxable disbursement, the actual amount of any fee paid to commence the action or proceeding. 5. The provisions of this subdivision shall not apply to a proceeding commenced pursuant to article seventy-eight of this chapter which alleges a failure to correctly award or certify jail time credit due an inmate, in violation of section six hundred-a of the correction law and section 70.30 of the penal law. § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an inmate may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such inmate and determine whether he should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the paro- lee comply with any restitution order, mandatory surcharge, sex offender registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivi- sion eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. (ii) Any inmate who is scheduled for presumptive release pursuant to section eight hundred six of the correction law shall not appear before the board as provided in subparagraph (i) of this paragraph unless such inmate's scheduled presumptive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the inmate shall appear before the board for release consideration as provided in subparagraph (i) of this paragraph as soon thereafter as is practicable. S. 3979 5 § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-2 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally inter- view an inmate serving an indeterminate sentence and determine whether he should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not granted upon such review, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the paro- lee comply with any restitution order and mandatory surcharge previously imposed by a court of competent jurisdiction that applies to the paro- lee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution [and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. § 13. Subdivision 5 of section 27.12 of the parks, recreation and historic preservation law is REPEALED and subdivision 6 is renumbered subdivision 5. § 14. Subdivision 4 of section 60.02 of the penal law is renumbered subdivision 3. § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 503 of the vehicle and traffic law, as amended by section 3 of part PP of chapter 59 of the laws of 2009, is amended to read as follows: (i) When a license issued pursuant to this article, or a privilege of operating a motor vehicle or of obtaining such a license, has been suspended based upon a failure to answer an appearance ticket or a summons or failure to pay a fine, penalty or mandatory surcharge, pursu- ant to subdivision three of section two hundred twenty-six, subdivision four of section two hundred twenty-seven, OR subdivision four-a of section five hundred ten [or subdivision five-a of section eighteen hundred nine] of this chapter, such suspension shall remain in effect until a termination of a suspension fee of seventy dollars is paid to the court or tribunal that initiated the suspension of such license or privilege. In no event may the aggregate of the fees imposed by an indi- vidual court pursuant to this paragraph for the termination of all suspensions that may be terminated as a result of a person's answers, appearances or payments made in such cases pending before such individ- ual court exceed four hundred dollars. For the purposes of this para- graph, the various locations of the administrative tribunal established under article two-A of this chapter shall be considered an individual court. § 16. Section 4-411 of the village law, as amended by section 12 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 4-411 Disposition of fines and penalties. Except as otherwise provided by law, all fines and penalties imposed for the violation of a village local law, ordinance or regulation shall be the property of the S. 3979 6 village, whether or not the village has established the office of village justice. [Nothing in this section shall be deemed to affect the disposition of mandatory surcharges, sex offender registration fees, DNA databank fees or crime victim assistance fees as provided by section 60.35 of the penal law, or of mandatory surcharges as provided by section eighteen hundred nine of the vehicle and traffic law, or of fines, penalties and forfeitures as provided by section eighteen hundred three of the vehicle and traffic law relating to traffic offenses.] § 17. Subdivision 2 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets[, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law] and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limit- ed to, the parking tickets issued, the dispositions of such tickets and the amount of fines[,] AND penalties [and mandatory surcharges] collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program. § 18. Section 837-j of the executive law is REPEALED. § 19. Subdivision 1 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief execu- tive officers of cities with a population in excess of one hundred thou- sand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traf- fic law relating to parking violations. [Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thir- ty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.] § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law, as amended by section 18 of part J of chapter 62 of the laws of 2003, is amended to read as follows: (E) that submission of a plea of guilty to the parking violation makes the owner liable for payment of the stated fine and additional penalties imposed pursuant to paragraph b of this subdivision [and the mandatory surcharge of fifteen dollars imposed upon parking violations pursuant to section eighteen hundred nine-a of this chapter]. S. 3979 7 § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law, as added by chapter 497 of the laws of 1999, is amended to read as follows: 4. Every county and the city of New York that establishes a hand- icapped parking education program shall establish a separate handicapped parking education fund in the custody of the chief fiscal officer of each such county or city, by April first, two thousand[, which shall consist of moneys granted to such county or city pursuant to section eighteen hundred nine-b of this chapter]. No provision of law shall be deemed to preclude a county or the city of New York from receiving funds [from other sources] to be deposited in the handicapped parking educa- tion fund, provided such funds are used in a manner and for purposes consistent with this section. The moneys of such fund shall be disbursed to provide education, advocacy and increased awareness of handicapped parking laws and may be used to execute contracts with private organiza- tions for such purposes. Such contracts shall be awarded upon compet- itive bids after the issuance of requests for proposal. § 22. Subdivision 2 of section 99-n of the state finance law, as added by chapter 223 of the laws of 2005, is amended to read as follows: 2. The fund shall consist of all monies appropriated for its purpose[,] AND all monies required by this section or any other provision of law to be paid into or credited to such fund[, collected by the mandatory surcharges imposed pursuant to subdivision one of section eighteen hundred nine-d of the vehicle and traffic law]. Nothing contained in this section shall prevent the department of motor vehicles from receiving grants or other appropriations for the purposes of the fund as defined in this section and depositing them into the fund according to law. § 23. This act shall take effect immediately; provided however that the amendments to subdivision (f) of section 1101 of the civil practice law and rules made by section ten of this act shall not affect the expi- ration of such section and shall be deemed to expire therewith; provided further, however, that the amendments to paragraph (a) of subdivision 2 of section 259-i of the executive law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section twelve of this act shall take effect; and provided further however that the amendments to clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law made by section twenty of this act shall not affect the expiration of such section and shall expire therewith. PART B Section 1. The penal law is amended by adding a new section 80.20 to read as follows: § 80.20 MANDATORY MINIMUM FINES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A MANDATORY MINIMUM FINE. § 2. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (j) to read as follows: (J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE. § 3. This act shall take effect immediately. S. 3979 8 PART C Section 1. Section 80.05 of the penal law is amended by adding a new subdivision 7 to to read as follows: 7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR- TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME- DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI- GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 2. The vehicle and traffic law is amended by adding a new section 1811 to read as follows: § 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU- ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 3. This act shall take effect immediately. PART D Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal procedure law are REPEALED. § 2. Section 420.35 of the criminal procedure law is REPEALED. § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, the second undesignated paragraph as amended by chapter 618 of the laws of 1992, is amended to read as follows: 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, resti- tution or reparation it must: (a) Adjust the terms of payment; or (b) Lower the amount of the fine, restitution or reparation TO AN AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; 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 AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE. S. 3979 9 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 limit- ed to, moneys in the possession of an inmate at the time of his admis- sion 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.] IN DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE, RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: 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]. § 5. The criminal procedure law is amended by adding a new section 420.11 to read as follows: § 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS. 1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA- TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE NULL AND VOID. 2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC- TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN- S. 3979 10 DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. 3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU- TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY. 4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH SENTENCE. § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as amended by chapter 788 of the laws of 1971, is amended to read as follows: 1. In general. When a sentence of imprisonment is pronounced, or [when th sentence consists of a fine and the court has directed that the defendant be imprisoned until it is satisfied,] the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with. § 7. Subdivision 5 of section 430.20 of the criminal procedure law is REPEALED. § 8. This act shall take effect immediately. PART E Section 1. All unsatisfied civil judgments issued prior to the effec- tive date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of a surcharge, DNA data- bank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee are deemed to be null and void and, for all legal purposes, vacated and discharged. § 2. The office of court administration, in consultation with such other state or municipal agencies as necessary, shall establish proce- dures to formally vacate and discharge all unsatisfied civil judgments entered prior to the effective date of this act pursuant to the S. 3979 11 provisions of subdivision 5 of the criminal procedure law section 420.40 solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of, a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. Such procedures shall not require any affirmative actions on the part of any defendant subject to any such civil judgment. Such proce- dures shall be designed and implemented so as to accomplish the vacatur and discharge of all such civil judgments within six months of the effective date of this act. § 3. Subdivision 3 of section 420.30 of the criminal procedure law is REPEALED. § 4. This act shall take effect immediately. PART F Section 1. Section 420.10 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows: 9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 2. Section 154 of the correction law, as added by chapter 788 of the laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 154. Disposition of Earnings. The earnings of a prisoner participat- ing in a work release program, less any payroll deductions required or authorized by law, shall be deposited with the department in a trust fund account. Such earnings shall not be subject to attachment or garnishment in the hands of the department. The commissioner is author- ized to provide for disbursements from the trust fund account for any or all of the following purposes: 1. Such costs incident to the prisoner's confinement as the commis- sioner deems appropriate and reasonable. 2. Such costs related to the prisoner's work release program as the commissioner deems appropriate and reasonable. 3. Support of the prisoner's dependents. [4. Payment of court fines, mandatory surcharge, sex offender regis- tration fee, DNA databank fee, restitution or reparation, or forfei- tures.] The balance of such earnings, if any, after disbursements for any of the foregoing purposes shall be paid to the prisoner upon termination of his imprisonment. § 3. This act shall take effect immediately. PART G Section 1. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it S. 3979 12 was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society[, and that the parolee or releasee, other- wise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with]. § 2. Subdivisions 1 and 3 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termi- nation of the sentence with respect to which it was granted. [No such discharge shall be granted unless the board is satisfied that the paro- lee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with.] 3. Notwithstanding any other provision of this section to the contra- ry, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board[: (a)] determines that a discharge from post-release supervision is in the best interests of society[; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith]. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. § 3. This act shall take effect immediately. PART H S. 3979 13 Section 1. All orders issued prior to the effective date of this act directing payment by a defendant of a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee are deemed to be null and void and, such orders are for all legal purposes, vacated and discharged. Pursuant to this section, any existing encumbrances on commissary accounts or similar accounts held by a correctional facility, jail, or detention facility shall be lifted and deemed null and void. § 2. This act shall take effect immediately. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 4. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through H of this act shall be as specifically set forth in the last section of such Parts.
co-Sponsors
(D) Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
(D) 14th Senate District
(D, WF) 56th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
2021-S3979A - Details
- See Assembly Version of this Bill:
- A2348
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: S313, A4183
2021-S3979A - Summary
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)
2021-S3979A - Sponsor Memo
BILL NUMBER: S3979A SPONSOR: SALAZAR TITLE OF BILL: 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 traf- fic law, the correction law, the parks, recreation and historic preser- vation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to 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 eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part
D); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or repara- tion 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 forfei- tures from the earnings of prisoners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivision 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) PURPOSE: To remove all detrimental financial penalties from the criminal legal system which have a placed an improper price on justice and have created undue and disproportionate burdens on people of color, low income indi- viduals, and their families. This bill eliminates the use of fees and surcharges imposed on those convicted of offenses under the penal and vehicle and traffic laws and penal provisions of other statutes, elimi- nates mandatory minimum fines, requires an individualized assessment by the court of an individual's ability to pay a fine, vacates existing judgments and warrant arising out of the imposition of court fees and surcharges, and eliminates the use of the funds of an incarcerated person to pay such fees, surcharges, fines or other monetary penalties. SUMMARY OF PROVISIONS: Section one states the purpose of this legislation, to end the unfair financial burdens imposed on defendants in criminal, vehicle and traf- fic, or other criminal or quasi-criminal matters by mandatory surcharges and fees and mandatory minimum fines. Section two sets forth the legislative intent, noting that the existing system of surcharges, fees, and minimum fines has had a disparate impact on poor defendants, people of color, and those who lack financial resources, and affirmatively states the intent of the legislation, which is to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. This section then contains parts A-H. PART A repeals each provision of the penal law, vehicle and traffic law, executive law and environmental conservation law which creates a manda- tory surcharge or fee to be paid by those convicted of offenses under these laws. These fees and surcharges imposed include mandatory court surcharges, DNA databank fees, crime victim assistance fees, probation fees and sex offender registration fees. This Part also eliminates the possibility of a driver's license suspension due to failure to pay a mandatory surcharge or fee. This Part further makes conforming changes to other sections of law that are required due to the repeal of the sections relating to mandatory surcharges or fees. PART B eliminates all mandatory minimum fines under the penal law and the vehicle and traffic law, by adding a new section 80.20 to the penal law and amending vehicle and traffic law 1800 by adding a new subdivi- sion (j). PART C requires, in regard to fines under the penal law or the vehicle and traffic law, that courts engage in an individualized assessment of an individual's ability to pay a fine prior to imposing a fine, by amending penal law 80.05 by adding a subdivision (7) and by adding a new section, 1811, to the vehicle and traffic law. The provisions set forth factors courts must consider to make an individualized assessment of a defendant's financial situation to be used when determining the amount of any fine imposed. PART D ends the practice of incarcerating individuals due to non-payment of a surcharge, fee, fine or restitution and establishes a procedure by which defendants may apply for re-sentencing if they are unable to pay a financial obligation imposed by the court. This Part further renders null and void any existing warrants or sentences of incarceration imposed solely due to the alleged failure of a defendant to pay a fine, restitution, reparation, surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. PART E vacates all existing civil judgements based solely on failure to timely pay and/or failure to appear at a court date set solely for the purpose of payment of a surcharge or fee. PART F ends the existing prac- tice of taking money from the funds of an incarcerated person in order to pay a fine, restitution, or reparation requirement imposed by a court. PART G deletes existing provisions requiring that decisions relating to merit termination of a sentence, discharge from parole, or discharge from post-release supervision be based, in part, on whether the individ- ual has made a good faith effort to comply with an order of restitution, or the payment of any mandatory surcharge. PART H provides for the vacatur of all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sex offender registration fees, and supplemental sex offender victim fees. Section 3 contains a severability clause. Section 4 provides that the provisions of this act shall take effect immediately. AMENDED BILL: The amended bill (the "A" print) added a provision amending executive law section 257-c to prohibit the imposition of probation fees. JUSTIFICATION: In New York state there are numerous fees and surcharges that must be imposed on individuals convicted of offenses under the penal law, vehi- cle and traffic law, and environmental conservation law. Generally, these are mandatory and are imposed regardless of ability to pay or any other factor. The sole exception is contained in the Laws of 2020, chap- ter 144, which provides Courts with authority to waive fees and surcharges for defendants under the age of 21 under certain circum- stances. Fines, while not standard, are currently determined by the court. Some offenses have mandatory minimum fines, others have a range of permissi- ble fines. There is no requirement in current law that a Court inquire into or consider a defendant's ability to pay, financial resources, other financial obligations, or any other factor. While some defendants may be able to pay these costs without difficulty, the consequences for those in poverty can be devastating. Working class and poor defendants are routinely driven into debt as a result of these costs and face greater barriers to providing food and shelter for their families. There is currently no mechanism by which fees and surcharges may be waived by the sentencing court - other than the limited exception enacted in the Laws of 2020, chapter 144 for persons under 21 - even in cases where the costs would exacerbate financial hardship. Courts may defer payment, but with that deferral comes a civil judgement against the defendant. These judgements can appear on credit reports and prevent defendants from getting loans, buying homes, or, in some cases, securing employment. In cases where initial crimes were motivated by economic instability, a defendant's inability to find a job will often lead to further contact with the criminal justice system. If a defendant is sentenced to incarceration as a penalty for the under- lying conviction, funds will be withheld from their inmate funds account and the wages for any work they do will be garnished.. This creates significant hardships for many incarcerated individuals and their fami- lies. Additional penalties faced for nonpayment can include suspension of the defendant's driver's license and even incarceration. There is widespread recognition of the detrimental, racially disparate, and counterproduc- tive nature of the current system of mandatory fees and surcharges. The New York City Bar, for example, issued a report noting the inappro- priate use of fees and fines to raise governmental revenue and the burdens this causes to many defendants and families and calling on the legislature to eliminate surcharges and fees: New York should be a leader in justice and fairness. Tying convictions to revenue raising is inherently problematic, conflating the purpose of the system, justice, with revenue raising. Fines imposed by criminal courts should be imposed only when they are tied directly to the crimi- nal act, such as for restitution or to defer future crimes. Thus, the Bar Association recommends simply eliminating mandatory surcharges and fees.(1) Similarly, a 2019 study issued by the Brennan Center for Justice concluded: A wealth of evidence has already shown that this system of fees and fines works against the goal of rehabilitation and creates a major barrier to people reentering society after a conviction. They are often unable to pay hundreds or thousands of dollars in accumulated court debt. When debt leads to incarceration or license suspension, it becomes even harder to find a job or housing or pay child support. There's also little evidence that imposing onerous fees and fines improves public safety.(2) These issues were also one focus of the investigation by the US Depart- ment of Justice Civil Rights Division into law enforcement practices in Ferguson, Missouri after Michael Brown was killed by a Ferguson police officer in 2014. In the comprehensive report issued in 2015 by the Justice Department, they noted, with findings specific to Ferguson, but not significantly different from what is found in cities and states across the country, including New York: Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson commu- nity. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stere- otypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discrimina- tory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.(3) A 2019 study and report by the NYC Comptroller's Office, focused on NYC, but the findings have state-wide applicability. The report characterized fees and surcharges as: An all-but-hidden, secondary form of punishment with impacts that often last years beyond a formal prison term.(4) And, as noted in a 2020 report by the Fees & Fines Justice Center: State and local jurisdictions are relying on fines and fees to balance their budgets - effectively turning police into revenue generators and tax collectors. And because of over-policing in low-income communities of color, those budgets are being balanced on the backs of the people who can least afford it. When policymakers rely on mass criminalization to balance their budgets, it corrupts local governments, perverts law enforcement incentives, and undermines police-community relations.(5) PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: This bill will reduce certain revenue to the state, however, these loss- es are likely to be more than made up by reduced costs as individuals will no longer be incarcerated for failure to pay fees or surcharges, the significant administrative and financial burden stemming from proc- essing civil judgments, license suspensions, and other collateral impacts of fees and surcharges will be eliminated. And, more individuals will have an open path towards meaningful employment, which, in turn, brings economic benefits to the state. EFFECTIVE DATE: This act shall take effect immediately. (1) NYC Bar, "New York Should Re-Examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations", May 2019, https://www.nycbar.org/member- and-career-services/committees/ reportslisting/reports/detail/ new-york-should-re -examine- mandatory- court-fees (2) Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees and Fines", 2019, https://www.brennancenter.org/our-work/ researchreports/steepcosts-crimi nal- justice-fees-and-fines (3) US DOJ Civil Rights Division, Investigation of Ferguson Police Department, full report maybe accessed via https://www.justice. gov/opa/pr/justice-department- announces-findings-two -civil- rights-in- vestigations-ferguson- missouri (4) NYC Comptroller, "Fees, Fines and Fairness: How Monetary Charges Drive Inequity in New York City's Criminal Justice System", 2019, https://comptroller.nyc.gov/reports/ fees- fines-and-fairness/ (5) https://finesandfeesjusticecenter.org/ 2020/06/16/the-other-america-howfi nes- and-fees-perpetuate-injustice/
2021-S3979A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3979--A 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sens. SALAZAR, BENJAMIN, BRISPORT, BROUK, COONEY, HOYLMAN, JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD02794-06-1 S. 3979--A 2 receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA data- bank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivi- sion 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation relating to ending the unfair financial burdens imposed on defendants in criminal, vehicle and traffic, or other types of criminal or quasi-cri- minal matters by the existence of mandatory court surcharges and fees, mandatory minimum fines and mandatory probation or parole fees. This act further enacts into law procedures by which courts would be required to engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine, eliminates the availability of incarceration as a remedy for a failure to pay a fine, and vacates all existing warrants or unsatisfied civil judgments issued solely based on a person's failure to timely pay a fine, surcharge, or fee. Each compo- nent is wholly contained within a Part identified as Parts A through H. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act. § 2. Legislative intent. The legislative intent of this act is to end the inequitable financial burdens placed on defendants by the previously enacted statutory provisions which have authorized or mandated the impo- sition of surcharges, fees, and/or mandatory minimum fines, which have had a disparate impact on poor defendants, people of color, and those who lack access to the significant financial resources necessary in order to satisfy the imposition of surcharges, fees, and fines, and which have also contributed to mass incarceration in New York state. The legislative intent is also to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. PART A Section 1. Section 60.35 of the penal law is REPEALED. § 2. Section 1809 of the vehicle and traffic law is REPEALED. § 3. Section 1809-a of the vehicle and traffic law is REPEALED. § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. § 5. Section 1809-b of the vehicle and traffic law is REPEALED. § 6. Section 1809-c of the vehicle and traffic law is REPEALED. § 7. Section 1809-d of the vehicle and traffic law is REPEALED. S. 3979--A 3 § 8. Section 1809-e of the vehicle and traffic law is REPEALED. § 9. Section 71-0213 of the environmental conservation law is REPEALED. § 10. Subdivision (f) of section 1101 of the civil practice law and rules, as added by section 1 of part D of chapter 412 of the laws of 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by section 51 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (f) Fees for inmates. 1. Notwithstanding any other provision of law to the contrary, a federal, state or local inmate under sentence for conviction of a crime may seek to commence his or her action or proceed- ing by paying a reduced filing fee as provided in paragraph two of this subdivision. Such inmate shall file the form affidavit referred to in subdivision (d) of this section along with the summons and complaint or summons with notice or third-party summons and complaint or petition or notice of petition or order to show cause. As part of such application, the inmate shall indicate the name and mailing address of the facility at which he or she is confined along with the name and mailing address of any other federal, state or local facility at which he or she was confined during the preceding six month period. The case will be given an index number if applicable, or, in courts other than the supreme or county courts, any necessary filing number and the application will be submitted to a judge of the court. Upon receipt of the application, the court shall obtain from the appropriate official of the facility at which the inmate is confined a certified copy of the inmate's trust fund account statement (or institutional equivalent) for the six month period preceding filing of the inmate's application. If the inmate has been confined for less than six months at such facility, the court shall obtain additional information as follows: (i) in the case of a state inmate who has been transferred from anoth- er state correctional facility, the court shall obtain a trust fund account statement for the six month period from the central office of the department of corrections and community supervision in Albany; or (ii) in the case of a state inmate who is newly transferred from a federal or local correctional facility, the court shall obtain any trust fund account statement currently available from such facility. The court may, in its discretion, seek further information from the prior or current facility. 2. If the court determines that the inmate has insufficient means to pay the full filing fee, the court may permit the inmate to pay a reduced filing fee, the minimum of which shall not be less than fifteen dollars and the maximum of which shall not be more than fifty dollars. The court shall require an initial payment of such portion of the reduced filing fee as the inmate can reasonably afford or shall author- ize no initial payment of the fee if exceptional circumstances render the inmate unable to pay any fee; provided however, that the difference between the amount of the reduced filing fee and the amount paid by the inmate in the initial partial payment shall be assessed against the inmate as an outstanding obligation to be collected either by the super- intendent or the municipal official of the facility at which the inmate is confined, as the case may be[, in the same manner that mandatory surcharges are collected as provided for in subdivision five of section 60.35 of the penal law]. The court shall notify the superintendent or the municipal official of the facility where the inmate is housed of the amount of the reduced filing fee that was not directed to be paid by the inmate. Thereafter, the superintendent or the municipal official shall S. 3979--A 4 forward to the court any fee obligations that have been collected, provided however, that: (i) in no event shall the filing fee collected exceed the amount of fees required for the commencement of an action or proceeding; and (ii) in no event shall an inmate be prohibited from proceeding for the reason that the inmate has no assets and no means by which to pay the initial partial filing fee. 3. The institution at which an inmate is confined, or the central office for the department of corrections and community supervision, whichever is applicable, shall promptly provide the trust fund account statement to the inmate as required by this subdivision. 4. Whenever any federal, state or local inmate obtains a judgment in connection with any action or proceeding which exceeds the amount of the filing fee, paid in accordance with the provisions of this subdivision for commencing such action or proceeding, the court shall award to the prevailing inmate, as a taxable disbursement, the actual amount of any fee paid to commence the action or proceeding. 5. The provisions of this subdivision shall not apply to a proceeding commenced pursuant to article seventy-eight of this chapter which alleges a failure to correctly award or certify jail time credit due an inmate, in violation of section six hundred-a of the correction law and section 70.30 of the penal law. § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an inmate may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such inmate and determine whether he should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the paro- lee comply with any restitution order[, mandatory surcharge, sex offen- der registration fee and DNA databank fee] previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. (ii) Any inmate who is scheduled for presumptive release pursuant to section eight hundred six of the correction law shall not appear before the board as provided in subparagraph (i) of this paragraph unless such inmate's scheduled presumptive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the inmate shall appear before the board for release consideration as S. 3979--A 5 provided in subparagraph (i) of this paragraph as soon thereafter as is practicable. § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 38-f-2 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally inter- view an inmate serving an indeterminate sentence and determine whether he should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not granted upon such review, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If the inmate is released, he shall be given a copy of the conditions of parole. Such conditions shall where appropriate, include a requirement that the paro- lee comply with any restitution order [and mandatory surcharge] previ- ously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitu- tion [and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. § 13. Subdivision 9 of section 201 of the correction law is REPEALED. § 14. Section 257-c of the executive law is REPEALED and a new section 257-c is added to read as follows: § 257-C. PROBATION ADMINISTRATION FEE; PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING FEE, TESTING FEE, OR SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSI- BILITY OF SUPERVISING THE PROBATIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS PURSUANT TO SECTIONS 65.10 AND 60.27 OF THE PENAL LAW AND SUBDIVISION EIGHT OF SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW. § 15. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society[, and that the parolee or releasee, other- wise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with]. S. 3979--A 6 § 16. Subdivision 1 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or former article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. [No such discharge shall be granted unless the board is satis- fied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.] § 17. Subdivision 3 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 3. Notwithstanding any other provision of this section to the contra- ry, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board[: (a)] determines that a discharge from post-release supervision is in the best interests of society[; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith]. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. § 18. Subdivision 5 of section 27.12 of the parks, recreation and historic preservation law is REPEALED and subdivision 6 is renumbered subdivision 5. § 19. Subdivision 4 of section 60.02 of the penal law is renumbered subdivision 3. § 20. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 503 of the vehicle and traffic law, as amended by section 3 of part PP of chapter 59 of the laws of 2009, is amended to read as follows: S. 3979--A 7 (i) When a license issued pursuant to this article, or a privilege of operating a motor vehicle or of obtaining such a license, has been suspended based upon a failure to answer an appearance ticket or a summons [or failure to pay a fine, penalty or mandatory surcharge,] pursuant to subdivision three of section two hundred twenty-six, subdi- vision four of section two hundred twenty-seven, OR subdivision four-a of section five hundred ten [or subdivision five-a of section eighteen hundred nine] of this chapter, such suspension shall remain in effect until a termination of a suspension fee of seventy dollars [is] MAY BE paid to the court or tribunal that initiated the suspension of such license or privilege. In no event may the aggregate of the fees imposed by an individual court pursuant to this paragraph for the termination of all suspensions that may be terminated as a result of a person's answers[,] OR appearances [or payments] made in such cases pending before such individual court exceed four hundred dollars. For the purposes of this paragraph, the various locations of the administrative tribunal established under article two-A of this chapter shall be considered an individual court. § 21. Section 4-411 of the village law, as amended by section 12 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 4-411 Disposition of fines and penalties. Except as otherwise provided by law, all fines and penalties imposed for the violation of a village local law, ordinance or regulation shall be the property of the village, whether or not the village has established the office of village justice. [Nothing in this section shall be deemed to affect the disposition of mandatory surcharges, sex offender registration fees, DNA databank fees or crime victim assistance fees as provided by section 60.35 of the penal law, or of mandatory surcharges as provided by section eighteen hundred nine of the vehicle and traffic law, or of fines, penalties and forfeitures as provided by section eighteen hundred three of the vehicle and traffic law relating to traffic offenses.] § 22. Subdivision 2 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets[, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law] and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limit- ed to, the parking tickets issued, the dispositions of such tickets and the amount of fines[,] AND penalties [and mandatory surcharges] collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program. § 23. Section 837-j of the executive law is REPEALED. § 24. Subdivision 1 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief execu- tive officers of cities with a population in excess of one hundred thou- sand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping S. 3979--A 8 violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traf- fic law relating to parking violations. [Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thir- ty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.] § 25. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law, as amended by section 18 of part J of chapter 62 of the laws of 2003, is amended to read as follows: (E) that submission of a plea of guilty to the parking violation makes the owner liable for payment of the stated fine and additional penalties imposed pursuant to paragraph b of this subdivision [and the mandatory surcharge of fifteen dollars imposed upon parking violations pursuant to section eighteen hundred nine-a of this chapter]. § 26. Subdivision 4 of section 1203-g of the vehicle and traffic law, as added by chapter 497 of the laws of 1999, is amended to read as follows: 4. Every county and the city of New York that establishes a hand- icapped parking education program shall establish a separate handicapped parking education fund in the custody of the chief fiscal officer of each such county or city, by April first, two thousand[, which shall consist of moneys granted to such county or city pursuant to section eighteen hundred nine-b of this chapter]. No provision of law shall be deemed to preclude a county or the city of New York from receiving funds [from other sources] to be deposited in the handicapped parking educa- tion fund, provided such funds are used in a manner and for purposes consistent with this section. The moneys of such fund shall be disbursed to provide education, advocacy and increased awareness of handicapped parking laws and may be used to execute contracts with private organiza- tions for such purposes. Such contracts shall be awarded upon compet- itive bids after the issuance of requests for proposal. § 27. Subdivision 2 of section 99-n of the state finance law, as added by chapter 223 of the laws of 2005, is amended to read as follows: 2. The fund shall consist of all monies appropriated for its purpose[,] AND all monies required by this section or any other provision of law to be paid into or credited to such fund[, collected by the mandatory surcharges imposed pursuant to subdivision one of section eighteen hundred nine-d of the vehicle and traffic law]. Nothing contained in this section shall prevent the department of motor vehicles from receiving grants or other appropriations for the purposes of the fund as defined in this section and depositing them into the fund according to law. § 28. This act shall take effect immediately; provided however that the amendments to subdivision (f) of section 1101 of the civil practice law and rules made by section ten of this act shall not affect the expi- ration of such section and shall be deemed to expire therewith; provided further, however, that the amendments to paragraph (a) of subdivision 2 of section 259-i of the executive law made by section eleven of this act S. 3979--A 9 shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section twelve of this act shall take effect; and provided further however that the amendments to clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law made by section twenty- five of this act shall not affect the expiration of such section and shall expire therewith. PART B Section 1. The penal law is amended by adding a new section 80.20 to read as follows: § 80.20 MANDATORY MINIMUM FINES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A MANDATORY MINIMUM FINE. § 2. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (j) to read as follows: (J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE. § 3. This act shall take effect immediately. PART C Section 1. Section 80.05 of the penal law is amended by adding a new subdivision 7 to read as follows: 7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR- TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME- DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI- GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 2. The vehicle and traffic law is amended by adding a new section 1811 to read as follows: § 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU- ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 3. This act shall take effect immediately. PART D Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal procedure law are REPEALED. § 2. Section 420.35 of the criminal procedure law is REPEALED. S. 3979--A 10 § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, the second undesignated paragraph as amended by chapter 618 of the laws of 1992, is amended to read as follows: 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, resti- tution or reparation it must: (a) Adjust the terms of payment; or (b) Lower the amount of the fine, restitution or reparation TO AN AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; 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 AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE. 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 limit- ed to, moneys in the possession of an inmate at the time of his admis- sion 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.] IN DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE, RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: 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]. § 5. The criminal procedure law is amended by adding a new section 420.11 to read as follows: S. 3979--A 11 § 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS. 1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA- TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE NULL AND VOID. 2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC- TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN- DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. 3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU- TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY. 4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH SENTENCE. § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as amended by chapter 788 of the laws of 1971, is amended to read as follows: S. 3979--A 12 1. In general. When a sentence of imprisonment is pronounced, [or when th sentence consists of a fine and the court has directed that the defendant be imprisoned until it is satisfied,] the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with. § 7. Subdivision 5 of section 430.20 of the criminal procedure law is REPEALED. § 8. This act shall take effect immediately. PART E Section 1. All unsatisfied civil judgments issued prior to the effec- tive date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of a surcharge, DNA data- bank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee are deemed to be null and void and, for all legal purposes, vacated and discharged. § 2. The office of court administration, in consultation with such other state or municipal agencies as necessary, shall establish proce- dures to formally vacate and discharge all unsatisfied civil judgments entered prior to the effective date of this act pursuant to the provisions of subdivision 5 of the criminal procedure law section 420.40 solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of, a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. Such procedures shall not require any affirmative actions on the part of any defendant subject to any such civil judgment. Such proce- dures shall be designed and implemented so as to accomplish the vacatur and discharge of all such civil judgments within six months of the effective date of this act. § 3. Subdivision 3 of section 420.30 of the criminal procedure law is REPEALED. § 4. This act shall take effect immediately. PART F Section 1. Section 420.10 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows: 9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 2. Section 154 of the correction law, as added by chapter 788 of the laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 154. Disposition of Earnings. The earnings of a prisoner participat- ing in a work release program, less any payroll deductions required or authorized by law, shall be deposited with the department in a trust fund account. Such earnings shall not be subject to attachment or S. 3979--A 13 garnishment in the hands of the department. The commissioner is author- ized to provide for disbursements from the trust fund account for any or all of the following purposes: 1. Such costs incident to the prisoner's confinement as the commis- sioner deems appropriate and reasonable. 2. Such costs related to the prisoner's work release program as the commissioner deems appropriate and reasonable. 3. Support of the prisoner's dependents. [4. Payment of court fines, mandatory surcharge, sex offender regis- tration fee, DNA databank fee, restitution or reparation, or forfei- tures.] The balance of such earnings, if any, after disbursements for any of the foregoing purposes shall be paid to the prisoner upon termination of his imprisonment. § 3. This act shall take effect immediately. PART G Section 1. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society[, and that the parolee or releasee, other- wise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with]. § 2. Subdivisions 1 and 3 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty or article two hundred twenty-one of the penal law, if the board of parole is satisfied that an absolute discharge from presumptive release, parole, conditional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall constitute a termi- nation of the sentence with respect to which it was granted. [No such discharge shall be granted unless the board is satisfied that the paro- lee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with.] 3. Notwithstanding any other provision of this section to the contra- ry, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. S. 3979--A 14 Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board[: (a)] determines that a discharge from post-release supervision is in the best interests of society[; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith]. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. § 3. This act shall take effect immediately. PART H Section 1. All orders issued prior to the effective date of this act directing payment by a defendant of a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, supplemental sex offender victim fee, probation supervision fee, or parole super- vision fee are deemed to be null and void and, such orders are for all legal purposes, vacated and discharged. Pursuant to this section, any existing encumbrances on commissary accounts or similar accounts held by a correctional facility, jail, or detention facility shall be lifted and deemed null and void. § 2. This act shall take effect immediately. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 4. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through H of this act shall be as specifically set forth in the last section of such Parts.
co-Sponsors
(D) Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
(D) 14th Senate District
(D, WF) 56th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 21st Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 32nd Senate District
2021-S3979B - Details
- See Assembly Version of this Bill:
- A2348
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: S313, A4183
2021-S3979B - Summary
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)
2021-S3979B - Sponsor Memo
BILL NUMBER: S3979B REVISED 08/20/2021 SPONSOR: SALAZAR TITLE OF BILL: 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 traf- fic law, the correction law, the parks, recreation and historic preser- vation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to 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 eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part
D); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or repara- tion 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 forfei- tures from the earnings of prisoners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivision 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) PURPOSE: To remove all detrimental financial penalties from the criminal legal system which have a placed an improper price on justice and have created undue and disproportionate burdens on people of color, low income indi- viduals, and their families. This bill eliminates the use of fees and surcharges imposed on those convicted of offenses under the penal and vehicle and traffic laws and penal provisions of other statutes, elimi- nates mandatory minimum fines, requires an individualized assessment by the court of an individual's ability to pay a fine, vacates existing judgments and warrant arising out of the imposition of court fees and surcharges, and eliminates the use of the funds of an incarcerated person to pay such fees, surcharges, fines or other monetary penalties. SUMMARY OF PROVISIONS: Section one states the purpose of this legislation, to end the unfair financial burdens imposed on defendants in criminal, vehicle and traf- fic, or other criminal or quasi-criminal matters by mandatory surcharges and fees and mandatory minimum fines. Section two sets forth the legislative intent, noting that the existing system of surcharges, fees, and minimum fines has had a disparate impact on poor defendants, people of color, and those who lack financial resources, and affirmatively states the intent of the legislation, which is to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. This section then contains parts A-G. PART A repeals each provision of the penal law, vehicle and traffic law, executive law and environmental conservation law which creates a manda- tory surcharge or fee to be paid by those convicted of offenses under these laws. These fees and surcharges imposed include mandatory court surcharges, DNA databank fees, crime victim assistance fees, probation fees and sex offender registration fees. This Part also eliminates the possibility of a driver's license suspension due to failure to pay a mandatory surcharge or fee. This Part further makes conforming changes to other sections of law that are required due to the repeal of the sections relating to mandatory surcharges or fees. PART B eliminates all mandatory minimum fines under the penal law and the vehicle and traffic law, by adding a new section 80.20 to the penal law and amending vehicle and traffic law 1800 by adding a new subdivi- sion (j). PART C requires, in regard to fines under the penal law or the vehicle and traffic law, that courts engage in an individualized assessment of an individual's ability to pay a fine prior to imposing a fine, by amending penal law 80.05 by adding a subdivision (7) and by adding a new section, 1811, to the vehicle and traffic law. The provisions set forth factors courts must consider to make an individualized assessment of a defendant's financial situation to be used when determining the amount of any fine imposed. PART D ends the practice of incarcerating individuals due to non-payment of a surcharge, fee, fine or restitution and establishes a procedure by which defendants may apply for re-sentencing if they are unable to pay a financial obligation imposed by the court. This Part further renders null and void any existing warrants or sentences of incarceration imposed solely due to the alleged failure of a defendant to pay a fine, restitution, reparation, surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. PART E vacates all existing civil judgements based solely on failure to timely pay and/or failure to appear at a court date set solely for the purpose of payment of a surcharge or fee. PART F ends the existing prac- tice of taking money from the funds of an incarcerated person in order to pay a fine, restitution, or reparation requirement imposed by a court. PART G provides for the vacatur of all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sex offender registration fees, and supplemental sex offender victim fees. Section 3 contains a severability clause. Section 4 provides that the provisions of this act shall take effect immediately. AMENDED BILL: The amended bill (the "B" print) conformed the provisions of this bill to the requirements of chapter 322 of the laws of 2021, clarified the numbering of certain provisions, and eliminated a redundant section. There is no substantive change from the previous version. JUSTIFICATION: In New York State there are numerous fees and surcharges that must be imposed on individuals convicted of offenses under the penal law, vehi- cle and traffic law, and environmental conservation law. Generally, these are mandatory and are imposed regardless of ability to pay or any other factor. The sole exception is contained in the Laws of 2020, chap- ter 144, which provides Courts with authority to, waive fees and surcharges for defendants under the age of 21 under certain circum- stances. Fines, while not standard, are currently determined by the court. Some offenses have mandatory minimum fines, others have a range of permissi- ble fines. There is no requirement in current law that a Court inquire into or consider a defendant's ability to pay, financial resources, other financial obligations, or any other factor. While some defendants may be able to pay these costs without difficulty, the consequences for those in poverty can be devastating. Working class and poor defendants are routinely driven into debt as a result of these costs and face greater barriers to providing food and shelter for their families. There is currently no mechanism by which fees and surcharges may be waived by the sentencing court - other than the limited exception enacted in the Laws of 2020, chapter 144 for persons under 21 - even in cases where the costs would exacerbate financial hardship. Courts may defer payment, but with that deferral comes a civil judgement against the defendant. These judgements can appear on credit reports and prevent defendants from getting loans, buying homes, or, in some cases, securing employment. In cases where initial crimes were motivated by economic instability, a defendant's inability to find a job will often lead to further contact with the criminal justice system. If a defendant is sentenced to incarceration as a penalty for the under- lying conviction, funds will be withheld from their inmate funds account and the wages for any work they do will be garnished.. This creates significant hardships for many incarcerated individuals and their fami- lies. Additional penalties faced for nonpayment can include suspension of the defendant's driver's license and even incarceration. There is widespread recognition of the detrimental, racially disparate, and counterproduc- tive nature of the current system of mandatory fees and surcharges. The New York City Bar, for example, issued a report noting the inappropriate use of fees and fines to raise governmental revenue and the burdens this causes to many defendants and families and calling on the legislature to eliminate surcharges and fees: New York should be a leader in justice and fairness. Tying convictions to revenue raising is inherently problematic, conflating the purpose of the system, justice, with revenue raising. Fines imposed by criminal courts should be imposed only when they are tied directly to the crimi- nal act, such as for restitution or to defer future crimes. Thus, the Bar Association recommends simply eliminating mandatory surcharges and fees.(1) Similarly, a 2019 study issued by the Brennan Center for Justice concluded: A wealth of evidence has already shown that this system of fees and fines works against the goal of rehabilitation and creates a major barrier to people reentering society after a conviction. They are often unable to pay hundreds or thousands of dollars in accumulated court debt. When debt leads to incarceration or license suspension, it becomes even harder to find a job or housing or pay child support. There's also little evidence that imposing onerous fees and fines improves public safety.(2) These issues were also one focus of the investigation by the US Depart- ment of Justice Civil Rights Division into law enforcement practices in Ferguson, Missouri after Michael Brown was killed by a Ferguson police officer in 2014. In the comprehensive report issued in 2015 by the Justice Department, they noted, with findings specific to Ferguson, but not significantly different from what is found in cities and states across the country, including New York: Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson commu- nity. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stere- otypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discrimina- tory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.(3) A 2019 study and report by the NYC Comptroller's Office, focused on NYC, but the findings have state-wide applicability. The report characterized fees and surcharges as: An all-but-hidden, secondary form of punishment with impacts that often last years beyond a formal prison term.(4) And, as noted in a 2020 report by the Fees & Fines Justice Center: State and local jurisdictions are relying on fines and fees to balance their budgets - effectively turning police into revenue generators and tax collectors. And because of over-policing in low-income communities of color, those budgets are being balanced on the backs of the people who can least afford it. When policymakers rely on mass criminalization to balance their budgets, it corrupts local governments, perverts law enforcement incentives, and undermines police-community relations.(5) PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: This bill will reduce certain revenue to the state, however, these loss- es are likely to be more than made up by reduced costs as individuals will no longer be incarcerated for failure to pay fees or surcharges, the significant administrative and financial burden stemming from proc- essing civil judgments, license suspensions, and other collateral impacts of fees and surcharges will be eliminated. And, more individ- uals will have an open path towards meaningful employment, which, in turn, brings economic benefits to the state. EFFECTIVE DATE: This act shall take effect immediately. (1) NYC Bar, "New York Should Re-Examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations", May 2019, https://www.nycbar.org/member- and-career-services/committees/ reportslisting/reports/detail/new-york-should-re-examine-mandatorycourt- fees (2) Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees and Fines", 2019, https://www.brennancenter.org/our-work/ researchreports/steepcosts-criminal-justice-fees-and-fines (3) US DOJ Civil Rights Division, Investigation of Ferguson Police Department, full report maybe accessed via https://www.justice. gov/opa/pr/justice-department-announces-findings-two-civil-rights-invest igations-ferguson-missouri (4) NYC Comptroller, "Fees, Fines and Fairness: How Monetary Charges Drive Inequity in New York City's Criminal Justice System", 2019, https://comptroller.nyc.gov/reports/fees-fines-and-fairness/ (5) https://finesandfeesjusticecenter.org/ 2020/06/16/the-other-america-howfines-and-fees-perpetuate-injustice/
2021-S3979B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3979--B 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sens. SALAZAR, BENJAMIN, BRISPORT, BROUK, COMRIE, COONEY, HOYLMAN, JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD02794-09-1 S. 3979--B 2 the earnings of prisoners (Part F); to amend the correction law, in relation to eliminating the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and to amend the executive law, in relation to eliminating the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); and in relation to vacating all existing unpaid surcharges, DNA data- bank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; and to repeal subdivi- sion 3 of section 420.30 of the criminal procedure law relating to restrictions on remitting such fees (Part H) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation relating to ending the unfair financial burdens imposed on defendants in criminal, vehicle and traffic, or other types of criminal or quasi-cri- minal matters by the existence of mandatory court surcharges and fees, mandatory minimum fines and mandatory probation or parole fees. This act further enacts into law procedures by which courts would be required to engage in an individualized assessment of a person's financial abili- ty to pay a fine prior to imposing a fine, eliminates the availability of incarceration as a remedy for a failure to pay a fine, and vacates all existing warrants or unsatisfied civil judgments issued solely based on a person's failure to timely pay a fine, surcharge, or fee. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effec- tive date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act. § 2. Legislative intent. The legislative intent of this act is to end the inequitable financial burdens placed on defendants by the previously enacted statutory provisions which have authorized or mandated the impo- sition of surcharges, fees, and/or mandatory minimum fines, which have had a disparate impact on poor defendants, people of color, and those who lack access to the significant financial resources necessary in order to satisfy the imposition of surcharges, fees, and fines, and which have also contributed to mass incarceration in New York state. The legislative intent is also to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. PART A Section 1. Section 60.35 of the penal law is REPEALED. § 2. Section 1809 of the vehicle and traffic law is REPEALED. § 3. Section 1809-a of the vehicle and traffic law is REPEALED. § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. § 5. Section 1809-b of the vehicle and traffic law is REPEALED. S. 3979--B 3 § 6. Section 1809-c of the vehicle and traffic law is REPEALED. § 7. Section 1809-d of the vehicle and traffic law is REPEALED. § 8. Section 1809-e of the vehicle and traffic law is REPEALED. § 9. Section 71-0213 of the environmental conservation law is REPEALED. § 10. The opening paragraph of paragraph 2 of subdivision (f) of section 1101 of the civil practice law and rules, as amended by chapter 322 of the laws of 2021, is amended to read as follows: If the court determines that the incarcerated individual has insuffi- cient means to pay the full filing fee, the court may permit the incar- cerated individual to pay a reduced filing fee, the minimum of which shall not be less than fifteen dollars and the maximum of which shall not be more than fifty dollars. The court shall require an initial payment of such portion of the reduced filing fee as the incarcerated individual can reasonably afford or shall authorize no initial payment of the fee if exceptional circumstances render the incarcerated individ- ual unable to pay any fee; provided however, that the difference between the amount of the reduced filing fee and the amount paid by the incar- cerated individual in the initial partial payment shall be assessed against the incarcerated individual as an outstanding obligation to be collected either by the superintendent or the municipal official of the facility at which the incarcerated individual is confined, as the case may be[, in the same manner that mandatory surcharges are collected as provided for in subdivision five of section 60.35 of the penal law]. The court shall notify the superintendent or the municipal official of the facility where the incarcerated individual is housed of the amount of the reduced filing fee that was not directed to be paid by the incarcer- ated individual. Thereafter, the superintendent or the municipal offi- cial shall forward to the court any fee obligations that have been collected, provided however, that: § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 11 of chapter 322 of the laws of 2021, is amended to read as follows: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order, [mandatory surcharge, sex offender registration fee and DNA databank fee] previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivi- sion eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in S. 3979--B 4 section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. (ii) Any incarcerated individual who is scheduled for presumptive release pursuant to section eight hundred six of the correction law shall not appear before the board as provided in subparagraph (i) of this paragraph unless such incarcerated individual's scheduled presump- tive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the incarcerated individual shall appear before the board for release consideration as provided in subpar- agraph (i) of this paragraph as soon thereafter as is practicable. § 11-a. Paragraph (a) of subdivision 2 of section 259-i of the execu- tive law, as separately amended by section 7 of chapter 103 and section 11-a of chapter 322 of the laws of 2021, is amended to read as follows: (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally inter- view an incarcerated individual serving an indeterminate sentence and determine whether he or she should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order [and mandatory surcharge] previously imposed by a court of competent jurisdiction that applies to the paro- lee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution [and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. If the [inmate] INCARCERATED INDIVIDUAL is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release. § 12. Subparagraph (i) of paragraph (a) of subdivision 2 of section 259-i of the executive law, as separately amended by chapters 103 and 322 of the laws of 2021, is amended to read as follows: (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he S. 3979--B 5 or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order[, mandatory surcharge, sex offender registration fee and DNA databank fee] previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivi- sion eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. If the [inmate] INCARCERATED INDIVIDUAL is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release. § 12-a. Subdivision 9 of section 201 of the correction law is REPEALED. § 12-b. Section 257-c of the executive law is REPEALED and a new section 257-c is added to read as follows: § 257-C. PROBATION FEES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING FEE, TESTING FEE, OR SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY OF SUPERVISING THE PROBATIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS PURSUANT TO SECTIONS 65.10 AND 60.27 OF THE PENAL LAW AND SUBDIVISION EIGHT OF SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW. § 12-c. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society[, and that the parolee or releasee, other- wise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with]. § 12-d. Subdivisions 1 and 3 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty [or article two hundred twenty-one] of the penal law, if the board of parole is satis- fied that an absolute discharge from presumptive release, parole, condi- tional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall consti- tute a termination of the sentence with respect to which it was granted. [No such discharge shall be granted unless the board is satisfied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex S. 3979--B 6 offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.] 3. Notwithstanding any other provision of this section to the contra- ry, where a term of post-release supervision in excess of five years has been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board[: (a)] determines that a discharge from post-release supervision is in the best interests of society[; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith]. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. § 13. Subdivision 5 of section 27.12 of the parks, recreation and historic preservation law is REPEALED and subdivision 6 is renumbered subdivision 5. § 14. Subdivision 4 of section 60.02 of the penal law is renumbered subdivision 3. § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 503 of the vehicle and traffic law, as amended by section 3 of part PP of chapter 59 of the laws of 2009, is amended to read as follows: (i) When a license issued pursuant to this article, or a privilege of operating a motor vehicle or of obtaining such a license, has been suspended based upon a failure to answer an appearance ticket or a summons [or failure to pay a fine, penalty or mandatory surcharge], pursuant to subdivision three of section two hundred twenty-six, subdi- vision four of section two hundred twenty-seven, OR subdivision four-a of section five hundred ten [or subdivision five-a of section eighteen hundred nine] of this chapter, such suspension shall remain in effect until a termination of a suspension fee of seventy dollars [is paid] to the court or tribunal that initiated the suspension of such license or privilege. In no event may the aggregate of the fees imposed by an indi- vidual court pursuant to this paragraph for the termination of all suspensions that may be terminated as a result of a person's answers, OR appearances [or payments] made in such cases pending before such indi- vidual court exceed four hundred dollars. For the purposes of this para- graph, the various locations of the administrative tribunal established under article two-A of this chapter shall be considered an individual court. S. 3979--B 7 § 16. Section 4-411 of the village law, as amended by section 12 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 4-411 Disposition of fines and penalties. Except as otherwise provided by law, all fines and penalties imposed for the violation of a village local law, ordinance or regulation shall be the property of the village, whether or not the village has established the office of village justice. [Nothing in this section shall be deemed to affect the disposition of mandatory surcharges, sex offender registration fees, DNA databank fees or crime victim assistance fees as provided by section 60.35 of the penal law, or of mandatory surcharges as provided by section eighteen hundred nine of the vehicle and traffic law, or of fines, penalties and forfeitures as provided by section eighteen hundred three of the vehicle and traffic law relating to traffic offenses.] § 17. Subdivision 2 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets[, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law] and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limit- ed to, the parking tickets issued, the dispositions of such tickets and the amount of fines[,] AND penalties [and mandatory surcharges] collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program. § 18. Section 837-j of the executive law is REPEALED. § 19. Subdivision 1 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief execu- tive officers of cities with a population in excess of one hundred thou- sand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traf- fic law relating to parking violations. [Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thir- ty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.] § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law, as amended by section 18 of part J of chapter 62 of the laws of 2003, is amended to read as follows: S. 3979--B 8 (E) that submission of a plea of guilty to the parking violation makes the owner liable for payment of the stated fine and additional penalties imposed pursuant to paragraph b of this subdivision [and the mandatory surcharge of fifteen dollars imposed upon parking violations pursuant to section eighteen hundred nine-a of this chapter]. § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law, as added by chapter 497 of the laws of 1999, is amended to read as follows: 4. Every county and the city of New York that establishes a hand- icapped parking education program shall establish a separate handicapped parking education fund in the custody of the chief fiscal officer of each such county or city, by April first, two thousand[, which shall consist of moneys granted to such county or city pursuant to section eighteen hundred nine-b of this chapter]. No provision of law shall be deemed to preclude a county or the city of New York from receiving funds [from other sources] to be deposited in the handicapped parking educa- tion fund, provided such funds are used in a manner and for purposes consistent with this section. The moneys of such fund shall be disbursed to provide education, advocacy and increased awareness of handicapped parking laws and may be used to execute contracts with private organiza- tions for such purposes. Such contracts shall be awarded upon compet- itive bids after the issuance of requests for proposal. § 22. Subdivision 2 of section 99-n of the state finance law, as added by chapter 223 of the laws of 2005, is amended to read as follows: 2. The fund shall consist of all monies appropriated for its purpose[,] AND all monies required by this section or any other provision of law to be paid into or credited to such fund[, collected by the mandatory surcharges imposed pursuant to subdivision one of section eighteen hundred nine-d of the vehicle and traffic law]. Nothing contained in this section shall prevent the department of motor vehicles from receiving grants or other appropriations for the purposes of the fund as defined in this section and depositing them into the fund according to law. § 23. This act shall take effect immediately; provided however that the amendments to subdivision (f) of section 1101 of the civil practice law and rules made by section ten of this act shall not affect the expi- ration of such subdivision and shall be deemed to expire therewith; provided further, however, that the amendments to paragraph (a) of subdivision 2 of section 259-i of the executive law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section eleven-a of this act shall take effect; and provided further that the amendments to subparagraph (i) of paragraph (a) of subdivision 2 of section 259-i of the executive law made by section twelve of this act shall take effect on the same date and in the same manner as section 6 of chapter 103 of the laws of 2021; and provided further however that the amendments to clause (E) of subparagraph 2 of paragraph a of subdi- vision 2 of section 235 of the vehicle and traffic law made by section twenty of this act shall not affect the expiration of such section and shall expire therewith. PART B Section 1. The penal law is amended by adding a new section 80.20 to read as follows: S. 3979--B 9 § 80.20 MANDATORY MINIMUM FINES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A MANDATORY MINIMUM FINE. § 2. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (j) to read as follows: (J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE. § 3. This act shall take effect immediately. PART C Section 1. Section 80.05 of the penal law is amended by adding a new subdivision 7 to to read as follows: 7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR- TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME- DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI- GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 2. The vehicle and traffic law is amended by adding a new section 1811 to read as follows: § 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU- ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 3. This act shall take effect immediately. PART D Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal procedure law are REPEALED. § 2. Section 420.35 of the criminal procedure law is REPEALED. § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, the second undesignated paragraph as amended by chapter 618 of the laws of 1992, the closing paragraph as amended by chapter 322 of the laws of 2021, is amended to read as follows: 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, resti- tution or reparation it must: (a) Adjust the terms of payment; or (b) Lower the amount of the fine, restitution or reparation TO AN AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; or S. 3979--B 10 (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 AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE. 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 limit- ed to, moneys in the possession of an incarcerated individual at the time of his or her admission into such facility, funds earned by him or her in a work release program as defined in subdivision four of section one hundred fifty of the correction law, funds earned by him or her as provided for in section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her behalf and deposited with the superintendent or the municipal official of the facility where the person is confined.] IN DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE, RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: 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]. § 5. The criminal procedure law is amended by adding a new section 420.11 to read as follows: § 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS. 1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA- TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE NULL AND VOID. S. 3979--B 11 2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC- TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN- DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. 3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU- TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY. 4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH SENTENCE. § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as amended by chapter 788 of the laws of 1971, is amended to read as follows: 1. In general. When a sentence of imprisonment is pronounced, [or when th sentence consists of a fine and the court has directed that the defendant be imprisoned until it is satisfied,] the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with. § 7. Subdivision 5 of section 430.20 of the criminal procedure law is REPEALED. § 8. This act shall take effect immediately. PART E S. 3979--B 12 Section 1. All unsatisfied civil judgments issued prior to the effec- tive date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of a surcharge, DNA data- bank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee are deemed to be null and void and, for all legal purposes, vacated and discharged. § 2. The office of court administration, in consultation with such other state or municipal agencies as necessary, shall establish proce- dures to formally vacate and discharge all unsatisfied civil judgments entered prior to the effective date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of, a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. Such procedures shall not require any affirmative actions on the part of any defendant subject to any such civil judgment. Such proce- dures shall be designed and implemented so as to accomplish the vacatur and discharge of all such civil judgments within six months of the effective date of this act. § 3. Subdivision 3 of section 420.30 of the criminal procedure law is REPEALED. § 4. This act shall take effect immediately. PART F Section 1. Section 420.10 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows: 9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 2. Section 154 of the correction law, as added by chapter 788 of the laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 154. Disposition of Earnings. The earnings of a prisoner participat- ing in a work release program, less any payroll deductions required or authorized by law, shall be deposited with the department in a trust fund account. Such earnings shall not be subject to attachment or garnishment in the hands of the department. The commissioner is author- ized to provide for disbursements from the trust fund account for any or all of the following purposes: 1. Such costs incident to the prisoner's confinement as the commis- sioner deems appropriate and reasonable. 2. Such costs related to the prisoner's work release program as the commissioner deems appropriate and reasonable. 3. Support of the prisoner's dependents. [4. Payment of court fines, mandatory surcharge, sex offender regis- tration fee, DNA databank fee, restitution or reparation, or forfei- tures.] S. 3979--B 13 The balance of such earnings, if any, after disbursements for any of the foregoing purposes shall be paid to the prisoner upon termination of his imprisonment. § 3. This act shall take effect immediately. PART G Section 1. All orders issued prior to the effective date of this act directing payment by a defendant of a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, supplemental sex offender victim fee, probation supervision fee or parole supervision fee are deemed to be null and void and, such orders are for all legal purposes, vacated and discharged. Pursuant to this section, any exist- ing encumbrances on commissary accounts or similar accounts held by a correctional facility, jail, or detention facility shall be lifted and deemed null and void. § 2. This act shall take effect immediately. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 4. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through G of this act shall be as specifically set forth in the last section of such Parts.
co-Sponsors
(D, WF) Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
(D) 30th Senate District
(D) 14th Senate District
(D, WF) 56th Senate District
(D, WF) 12th Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D, WF) 28th Senate District
(D, WF) 48th Senate District
(D) 20th Senate District
(D, WF) 21st Senate District
(D) 19th Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D, IP) Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
(D) 11th Senate District
2021-S3979C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2348
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: S313, A4183
2021-S3979C (ACTIVE) - Summary
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)
2021-S3979C (ACTIVE) - Sponsor Memo
BILL NUMBER: S3979C SPONSOR: SALAZAR TITLE OF BILL: 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 traf- fic law, the correction law, the parks, recreation and historic preser- vation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to 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 eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part
D); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part E); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or repara- tion 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 forfei- tures from the earnings of prisoners (Part F); and in relation to vacat- ing all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees (Part G) PURPOSE: To remove all detrimental financial penalties from the criminal legal system which have a placed an improper price on justice and have created undue and disproportionate burdens on people of color, low income indi- viduals, and their families. This bill eliminates the use of fees and surcharges imposed on those convicted of offenses under the penal and vehicle and traffic laws and penal provisions of other statutes, elimi- nates mandatory minimum fines, requires an individualized assessment by the court of an individual's ability to pay a fine, vacates existing judgments and warrant arising out of the imposition of court fees and surcharges, and eliminates the use of the funds of an incarcerated person to pay such fees, surcharges, fines or other monetary penalties. SUMMARY OF PROVISIONS: Section one states the purpose of this legislation, to end the unfair financial burdens imposed on defendants in criminal, vehicle and traf- fic, or other criminal or quasi-criminal matters by mandatory surcharges and fees and mandatory minimum fines. Section two sets forth the legislative intent, noting that the existing system of surcharges, fees, and minimum fines has had a disparate impact on poor defendants, people of color, and those who lack financial resources, and affirmatively states the intent of the legislation, which is to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. This section then contains parts A-G. PART A repeals each provision of the penal law, vehicle and traffic law, executive law and environmental conservation law which creates a manda- tory surcharge or fee to be paid by those convicted of offenses under these laws. These fees and surcharges imposed include mandatory court surcharges, DNA databank fees, crime victim assistance fees, probation fees and sex offender registration fees. This Part also eliminates the possibility of a driver's license suspension due to failure to pay a mandatory surcharge or fee. This Part further makes conforming changes to other sections of law that are required due to the repeal of the sections relating to mandatory surcharges or fees. PART B eliminates all mandatory minimum fines under the penal law and the vehicle and traffic law, by adding a new section 80.20 to the penal law and amending vehicle and traffic law 1800 by adding a new subdivi- sion (j). PART C requires, in regard to fines under the penal law or the vehicle and traffic law, that courts engage in an individualized assessment of an individual's ability to pay a fine prior to imposing a fine, by amending penal law 80.05 by adding a subdivision (7) and by adding a new section, 1811, to the vehicle and traffic law. The provisions set forth factors courts must consider to make an individualized assessment of a defendant's financial situation to be used when determining the amount of any fine imposed. PART D ends the practice of incarcerating individuals due to non-payment of a surcharge, fee, fine or restitution and establishes a procedure by which defendants may apply for re-sentencing if they are unable to pay a financial obligation imposed by the court. This Part further renders null and void any existing warrants or sentences of incarceration imposed solely due to the alleged failure of a defendant to pay a fine, restitution, reparation, surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. PART E vacates all existing civil judgements based solely on failure to timely pay and/or failure to appear at a court date set solely for the purpose of payment of a surcharge or fee. PART F ends the existing prac- tice of taking money from the funds of an incarcerated person in order to pay a fine, restitution, or reparation requirement imposed by a court. PART G provides for the vacatur of all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sex offender registration fees, and supplemental sex offender victim fees. Section 3 contains a severability clause. Section 4 provides that the provisions of this act shall take effect immediately. AMENDED BILL: The amended bill (the "C" print) conforms the provisions of this bill to the requirements of chapter 322 of the laws of 2021, clarified the numbering of certain provisions, and eliminated a redundant section. There is no substantive change from the previous versions. JUSTIFICATION: In New York State there are numerous fees and surcharges that must be imposed on individuals convicted of offenses under the penal law, vehi- cle and traffic law, and environmental conservation law. Generally, these are mandatory and are imposed regardless of ability to pay or any other factor. The sole exception is contained in the Laws of 2020, chap- ter 144, which provides Courts with authority to waive fees and surcharges for defendants under the age of 21 under certain circum- stances. Fines, while not standard, are currently determined by the court. Some offenses have mandatory minimum fines, others have a range of permissi- ble fines. There is no requirement in current law that a Court inquire into or consider a defendant's ability to pay, financial resources, other financial obligations, or any other factor. While some defendants may be able to pay these costs without difficulty, the consequences for those in poverty can be devastating. Working class and poor defendants are routinely driven into debt as a result of these costs and face greater barriers to providing food and shelter for their families. There is currently no mechanism by which fees and surcharges may be waived by the sentencing court - other than the limited exception enacted in the Laws of 2020, chapter 144 for persons under 21 - even in cases where the costs would exacerbate financial hardship. Courts may defer payment, but with that deferral comes a civil judgement against the defendant. These judgements can appear on credit reports and prevent defendants from getting loans, buying homes, or, in some cases, securing employment. In cases where initial crimes were motivated by economic instability, a defendant's inability to find a job will often lead to further contact with the criminal justice system. If a defendant is sentenced to incarceration as a penalty for the under- lying conviction, funds will be withheld from their inmate funds account and the wages for any work they do will be garnished. This creates significant hardships for many incarcerated individuals and their fami- lies. Additional penalties faced for nonpayment can include suspension of the defendant's driver's license and even incarceration. There is widespread recognition of the detrimental, racially disparate, and counterproduc- tive nature of the current system of mandatory fees and surcharges. The New York City Bar, for example, issued a report noting the inappropriate use of fees and fines to raise governmental revenue and the burdens this causes to many defendants and families and calling on the legislature to eliminate surcharges and fees: New York should be a leader in justice and fairness. Tying convictions to revenue raising is inherently problematic, conflating the purpose of the system, justice, with revenue raising. Fines imposed by criminal courts should be imposed only when they are tied directly to the crimi- nal act, such as for restitution or to defer future crimes. Thus, the Bar Association recommends simply eliminating mandatory surcharges and fees.(1) Similarly, a 2019 study issued by the Brennan Center for Justice concluded: A wealth of evidence has already shown that this system of fees and fines works against the goal of rehabilitation and creates a major barrier to people reentering society after a conviction. They are often unable to pay hundreds or thousands of dollars in accumulated court debt. When debt leads to incarceration or license suspension, it becomes even harder to find a job or housing or pay child support. There's also little evidence that imposing onerous fees and fines improves public safety.(2) These issues were also one focus of the investigation by the US Depart- ment of Justice Civil Rights Division into law enforcement practices in Ferguson, Missouri after Michael Brown was killed by a Ferguson police officer in 2014. In the comprehensive report issued in 2015 by the Justice Department, they noted, with findings specific to Ferguson, but not significantly different from what is found in cities and states across the country, including New York: Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson commu- nity. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stere- otypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discrimina- tory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.(3) A 2019 study and report by the NYC Comptroller's Office, focused on NYC, but the findings have state-wide applicability. The report characterized fees and surcharges as: An all-but-hidden, secondary form of punishment with impacts that often last years beyond a formal prison term.(4) And, as noted in a 2020 report by the Fees & Fines Justice Center: State and local jurisdictions are relying on fines and fees to balance their budgets - effectively turning police into revenue generators and tax collectors. And because of over-policing in low-income communities of color, those budgets are being balanced on the backs of the people who can least afford it. When policymakers rely on mass criminalization to balance their budgets, it corrupts local governments, perverts law enforcement incentives, and undermines police-community relations.(5) PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: This bill will reduce certain revenue to the state, however, these loss- es are likely to be more than made up by reduced costs as individuals will no longer be incarcerated for failure to pay fees or surcharges, the significant administrative and financial burden stemming from proc- essing civil judgments, license suspensions, and other collateral impacts of fees and surcharges will be eliminated. And, more individ- uals will have an open path towards meaningful employment, which, in turn, brings economic benefits to the state. EFFECTIVE DATE: This act shall take effect immediately. (1) NYC Bar, "New York Should Re-Examine Mandatory Court Fees Imposed on Individuals Convicted of Criminal Offenses and Violations", May 2019, https://www.nycbar.org/member- and-career-services/committees/ reportslisting/reports/detail/new-york-should-re-examine- mandatoryc- ourt-fees (2) Brennan Center for Justice, "The Steep Cost of Criminal Justice Fees and Fines", 2019, https://www.brennancenter.org/our-work/ researchreports/steepcosts-criminal-justice-fees-and-fines (3) US DOJ Civil Rights Division, Investigation of Ferguson Police Department, full report maybe accessed via https://www.justice. gov/opa/pr/justice-department-announces-findings-two-civil- rights-in- vestigations-ferguson-missouri (4) NYC Comptroller, "Fees, Fines and Fairness: How Monetary Charges Drive Inequity in New York City's Criminal Justice System", 2019, https://comptroller.nyc.gov/reports/fees-fines-and-fairness/ (5) https://finesandfeesjusticecenter.org/ 2020/06/16/the-other-america-howfines-and-fees-perpetuate-injustice/
2021-S3979C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3979--C 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sens. SALAZAR, BRISPORT, BROUK, COMRIE, COONEY, HOYLMAN, JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD02794-12-1 S. 3979--C 2 surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); and in relation to vacating all 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: Section 1. This act enacts into law major components of legislation relating to ending the unfair financial burdens imposed on defendants in criminal, vehicle and traffic, or other types of criminal or quasi-cri- minal matters by the existence of mandatory court surcharges and fees, mandatory minimum fines and mandatory probation or parole fees. This act further enacts into law procedures by which courts would be required to engage in an individualized assessment of a person's financial abili- ty to pay a fine prior to imposing a fine, eliminates the availability of incarceration as a remedy for a failure to pay a fine, and vacates all existing warrants or unsatisfied civil judgments issued solely based on a person's failure to timely pay a fine, surcharge, or fee. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effec- tive date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act. § 2. Legislative intent. The legislative intent of this act is to end the inequitable financial burdens placed on defendants by the previously enacted statutory provisions which have authorized or mandated the impo- sition of surcharges, fees, and/or mandatory minimum fines, which have had a disparate impact on poor defendants, people of color, and those who lack access to the significant financial resources necessary in order to satisfy the imposition of surcharges, fees, and fines, and which have also contributed to mass incarceration in New York state. The legislative intent is also to end New York's regressive reliance on generating governmental revenue by imposing surcharges, fees, and fines on those least able to pay. PART A Section 1. Section 60.35 of the penal law is REPEALED. § 2. Section 1809 of the vehicle and traffic law is REPEALED. § 3. Section 1809-a of the vehicle and traffic law is REPEALED. § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. § 5. Section 1809-b of the vehicle and traffic law is REPEALED. § 6. Section 1809-c of the vehicle and traffic law is REPEALED. § 7. Section 1809-d of the vehicle and traffic law is REPEALED. § 8. Section 1809-e of the vehicle and traffic law is REPEALED. § 9. Section 71-0213 of the environmental conservation law is REPEALED. S. 3979--C 3 § 10. The opening paragraph of paragraph 2 of subdivision (f) of section 1101 of the civil practice law and rules, as amended by chapter 322 of the laws of 2021, is amended to read as follows: If the court determines that the incarcerated individual has insuffi- cient means to pay the full filing fee, the court may permit the incar- cerated individual to pay a reduced filing fee, the minimum of which shall not be less than fifteen dollars and the maximum of which shall not be more than fifty dollars. The court shall require an initial payment of such portion of the reduced filing fee as the incarcerated individual can reasonably afford or shall authorize no initial payment of the fee if exceptional circumstances render the incarcerated individ- ual unable to pay any fee; provided however, that the difference between the amount of the reduced filing fee and the amount paid by the incar- cerated individual in the initial partial payment shall be assessed against the incarcerated individual as an outstanding obligation to be collected either by the superintendent or the municipal official of the facility at which the incarcerated individual is confined, as the case may be[, in the same manner that mandatory surcharges are collected as provided for in subdivision five of section 60.35 of the penal law]. The court shall notify the superintendent or the municipal official of the facility where the incarcerated individual is housed of the amount of the reduced filing fee that was not directed to be paid by the incarcer- ated individual. Thereafter, the superintendent or the municipal offi- cial shall forward to the court any fee obligations that have been collected, provided however, that: § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive law, as amended by section 11 of chapter 322 of the laws of 2021, is amended to read as follows: (a) (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order, [mandatory surcharge, sex offender registration fee and DNA databank fee] previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivi- sion eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. (ii) Any incarcerated individual who is scheduled for presumptive release pursuant to section eight hundred six of the correction law shall not appear before the board as provided in subparagraph (i) of S. 3979--C 4 this paragraph unless such incarcerated individual's scheduled presump- tive release is forfeited, canceled, or rescinded subsequently as provided in such law. In such event, the incarcerated individual shall appear before the board for release consideration as provided in subpar- agraph (i) of this paragraph as soon thereafter as is practicable. § 11-a. Paragraph (a) of subdivision 2 of section 259-i of the execu- tive law, as separately amended by section 7 of chapter 103 and section 11-a of chapter 322 of the laws of 2021, is amended to read as follows: (a) At least one month prior to the expiration of the minimum period or periods of imprisonment fixed by the court or board, a member or members as determined by the rules of the board shall personally inter- view an incarcerated individual serving an indeterminate sentence and determine whether he or she should be paroled at the expiration of the minimum period or periods in accordance with the procedures adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order [and mandatory surcharge] previously imposed by a court of competent jurisdiction that applies to the paro- lee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution [and mandatory surcharge as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. If the [inmate] INCARCERATED INDIVIDUAL is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release. § 12. Subparagraph (i) of paragraph (a) of subdivision 2 of section 259-i of the executive law, as separately amended by chapters 103 and 322 of the laws of 2021, is amended to read as follows: (i) Except as provided in subparagraph (ii) of this paragraph, at least one month prior to the date on which an incarcerated individual may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such incarcerated individual and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the incarcerated individual shall be informed in writing within two weeks of such appear- ance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than twenty-four months from such determination for reconsideration, and the procedures to be followed upon reconsider- ation shall be the same. If the incarcerated individual is released, he or she shall be given a copy of the conditions of parole. Such condi- tions shall where appropriate, include a requirement that the parolee comply with any restitution order[, mandatory surcharge, sex offender registration fee and DNA databank fee] previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall S. 3979--C 5 indicate which restitution collection agency established under subdivi- sion eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution[, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law]. If the [inmate] INCARCERATED INDIVIDUAL is released, he or she shall also be notified in writing that his or her voting rights will be restored upon release. § 12-a. Subdivision 9 of section 201 of the correction law is REPEALED. § 12-b. Section 257-c of the executive law is REPEALED and a new section 257-c is added to read as follows: § 257-C. PROBATION FEES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING FEE, TESTING FEE, OR SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY OF SUPERVISING THE PROBATIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS PURSUANT TO SECTIONS 65.10 AND 60.27 OF THE PENAL LAW AND SUBDIVISION EIGHT OF SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW. § 12-c. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society[, and that the parolee or releasee, other- wise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply there- with]. § 12-d. Subdivisions 1 and 3 of section 259-j of the executive law, as amended by section 38-g of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: 1. Except where a determinate sentence was imposed for a felony other than a felony defined in article two hundred twenty [or article two hundred twenty-one] of the penal law, if the board of parole is satis- fied that an absolute discharge from presumptive release, parole, condi- tional release or release to a period of post-release supervision is in the best interests of society, the board may grant such a discharge prior to the expiration of the full term or maximum term to any person who has been on unrevoked community supervision for at least three consecutive years. A discharge granted under this section shall consti- tute a termination of the sentence with respect to which it was granted. [No such discharge shall be granted unless the board is satisfied that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee or DNA databank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.] 3. Notwithstanding any other provision of this section to the contra- ry, where a term of post-release supervision in excess of five years has S. 3979--C 6 been imposed on a person convicted of a crime defined in article one hundred thirty of the penal law, including a sexually motivated felony, the board of parole may grant a discharge from post-release supervision prior to the expiration of the maximum term of post-release supervision. Such a discharge may be granted only after the person has served at least five years of post-release supervision, and only to a person who has been on unrevoked post-release supervision for at least three consecutive years. No such discharge shall be granted unless the board of parole or the department acting pursuant to its responsibility under subdivision one of section two hundred one of the correction law consults with any licensed psychologist, qualified psychiatrist, or other mental health professional who is providing care or treatment to the supervisee; and the board[: (a)] determines that a discharge from post-release supervision is in the best interests of society[; and (b) is satisfied that the supervisee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge, sex offender registration fee, or DNA data bank fee previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith]. Before making a determination to discharge a person from a period of post-release supervision, the board of parole may request that the commissioner of the office of mental health arrange a psychiatric evaluation of the supervisee. A discharge granted under this section shall constitute a termination of the sentence with respect to which it was granted. § 13. Subdivision 5 of section 27.12 of the parks, recreation and historic preservation law is REPEALED and subdivision 6 is renumbered subdivision 5. § 14. Subdivision 4 of section 60.02 of the penal law is renumbered subdivision 3. § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 503 of the vehicle and traffic law, as amended by section 3 of part PP of chapter 59 of the laws of 2009, is amended to read as follows: (i) When a license issued pursuant to this article, or a privilege of operating a motor vehicle or of obtaining such a license, has been suspended based upon a failure to answer an appearance ticket or a summons [or failure to pay a fine, penalty or mandatory surcharge], pursuant to subdivision three of section two hundred twenty-six, subdi- vision four of section two hundred twenty-seven, OR subdivision four-a of section five hundred ten [or subdivision five-a of section eighteen hundred nine] of this chapter, such suspension shall remain in effect until a termination of a suspension fee of seventy dollars [is paid] to the court or tribunal that initiated the suspension of such license or privilege. In no event may the aggregate of the fees imposed by an indi- vidual court pursuant to this paragraph for the termination of all suspensions that may be terminated as a result of a person's answers, OR appearances [or payments] made in such cases pending before such indi- vidual court exceed four hundred dollars. For the purposes of this para- graph, the various locations of the administrative tribunal established under article two-A of this chapter shall be considered an individual court. § 16. Section 4-411 of the village law, as amended by section 12 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 4-411 Disposition of fines and penalties. Except as otherwise provided by law, all fines and penalties imposed for the violation of a village local law, ordinance or regulation shall be the property of the village, whether or not the village has established the office of S. 3979--C 7 village justice. [Nothing in this section shall be deemed to affect the disposition of mandatory surcharges, sex offender registration fees, DNA databank fees or crime victim assistance fees as provided by section 60.35 of the penal law, or of mandatory surcharges as provided by section eighteen hundred nine of the vehicle and traffic law, or of fines, penalties and forfeitures as provided by section eighteen hundred three of the vehicle and traffic law relating to traffic offenses.] § 17. Subdivision 2 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 2. The commissioner in consultation with the chief executive officers of cities with a population in excess of one hundred thousand persons according to the nineteen hundred eighty United States census shall establish a system to record and monitor the issuance and disposition of parking tickets[, to monitor the collection of the mandatory surcharge required by section eighteen hundred nine-a of the vehicle and traffic law] and to receive information from cities for this purpose. Each such city shall report on such parking violations on a monthly basis in the form and manner prescribed by the commissioner including, but not limit- ed to, the parking tickets issued, the dispositions of such tickets and the amount of fines[,] AND penalties [and mandatory surcharges] collected. The commissioner shall collect, process and analyze such information and present periodic reports on the parking violations enforcement and disposition program. § 18. Section 837-j of the executive law is REPEALED. § 19. Subdivision 1 of section 837-i of the executive law, as added by chapter 166 of the laws of 1991, is amended to read as follows: 1. The commissioner, in cooperation with the commissioner of the department of motor vehicles, and in consultation with the chief execu- tive officers of cities with a population in excess of one hundred thou- sand persons according to the nineteen hundred eighty United States census shall prescribe the form and content of uniform parking tickets for such cities in all cases involving a parking, standing or stopping violation as defined in accordance with the vehicle and traffic law, hereinafter referred to as parking violations, or of any local law, ordinance, rule or regulation adopted pursuant to the vehicle and traf- fic law relating to parking violations. [Upon written application of the chief executive officer of any such city, the commissioner, after consultation with the commissioner of the department of motor vehicles, may authorize the use of a parking ticket other than the uniform parking ticket prescribed pursuant to this section if he or she determines that use of such other parking ticket is not inconsistent with, and will not diminish the effectiveness of, the parking violations enforcement and disposition program established pursuant to section eight hundred thir- ty-seven-j of this chapter, and may also authorize for a specified time period the use of a parking ticket which was used by such city on or before the effective date of this section.] § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of section 235 of the vehicle and traffic law, as added by chapter 421 of the laws of 2021, is amended to read as follows: (E) that submission of a plea of guilty to the parking violation makes the owner liable for payment of the stated fine and additional penalties imposed pursuant to paragraph b of this subdivision [and the mandatory surcharge of fifteen dollars imposed upon parking violations pursuant to section eighteen hundred nine-a of this chapter]. S. 3979--C 8 § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law, as added by chapter 497 of the laws of 1999, is amended to read as follows: 4. Every county and the city of New York that establishes a hand- icapped parking education program shall establish a separate handicapped parking education fund in the custody of the chief fiscal officer of each such county or city, by April first, two thousand[, which shall consist of moneys granted to such county or city pursuant to section eighteen hundred nine-b of this chapter]. No provision of law shall be deemed to preclude a county or the city of New York from receiving funds [from other sources] to be deposited in the handicapped parking educa- tion fund, provided such funds are used in a manner and for purposes consistent with this section. The moneys of such fund shall be disbursed to provide education, advocacy and increased awareness of handicapped parking laws and may be used to execute contracts with private organiza- tions for such purposes. Such contracts shall be awarded upon compet- itive bids after the issuance of requests for proposal. § 22. Subdivision 2 of section 99-n of the state finance law, as added by chapter 223 of the laws of 2005, is amended to read as follows: 2. The fund shall consist of all monies appropriated for its purpose[,] AND all monies required by this section or any other provision of law to be paid into or credited to such fund[, collected by the mandatory surcharges imposed pursuant to subdivision one of section eighteen hundred nine-d of the vehicle and traffic law]. Nothing contained in this section shall prevent the department of motor vehicles from receiving grants or other appropriations for the purposes of the fund as defined in this section and depositing them into the fund according to law. § 23. This act shall take effect immediately; provided however that the amendments to subdivision (f) of section 1101 of the civil practice law and rules made by section ten of this act shall not affect the expi- ration of such subdivision and shall be deemed to expire therewith; provided further, however, that the amendments to paragraph (a) of subdivision 2 of section 259-i of the executive law made by section eleven of this act shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section eleven-a of this act shall take effect; and provided further that the amendments to subparagraph (i) of paragraph (a) of subdivision 2 of section 259-i of the executive law made by section twelve of this act shall take effect on the same date and in the same manner as section 6 of chapter 103 of the laws of 2021; and provided further however that the amendments to clause (E) of subparagraph 2 of paragraph a of subdi- vision 2 of section 235 of the vehicle and traffic law made by section twenty of this act shall take effect on the same date and in the same manner as chapter 421 of the laws of 2021, takes effect. PART B Section 1. The penal law is amended by adding a new section 80.20 to read as follows: § 80.20 MANDATORY MINIMUM FINES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A MANDATORY MINIMUM FINE. § 2. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (j) to read as follows: S. 3979--C 9 (J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE. § 3. This act shall take effect immediately. PART C Section 1. Section 80.05 of the penal law is amended by adding a new subdivision 7 to read as follows: 7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR- TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME- DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI- GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 2. The vehicle and traffic law is amended by adding a new section 1811 to read as follows: § 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU- ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES. § 3. This act shall take effect immediately. PART D Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal procedure law are REPEALED. § 2. Section 420.35 of the criminal procedure law is REPEALED. § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, the second undesignated paragraph as amended by chapter 618 of the laws of 1992, the closing paragraph as amended by chapter 322 of the laws of 2021, is amended to read as follows: 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, resti- tution or reparation it must: (a) Adjust the terms of payment; or (b) Lower the amount of the fine, restitution or reparation TO AN AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; 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 S. 3979--C 10 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 AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE. 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 limit- ed to, moneys in the possession of an incarcerated individual at the time of his or her admission into such facility, funds earned by him or her in a work release program as defined in subdivision four of section one hundred fifty of the correction law, funds earned by him or her as provided for in section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her behalf and deposited with the superintendent or the municipal official of the facility where the person is confined.] IN DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE, RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as amended by chapter 3 of the laws of 1995, is amended to read as follows: 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]. § 5. The criminal procedure law is amended by adding a new section 420.11 to read as follows: § 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS. 1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA- TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE NULL AND VOID. 2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC- S. 3979--C 11 TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN- DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. 3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU- TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY. 4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH SENTENCE. § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as amended by chapter 788 of the laws of 1971, is amended to read as follows: 1. In general. When a sentence of imprisonment is pronounced, [or when th sentence consists of a fine and the court has directed that the defendant be imprisoned until it is satisfied,] the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with. § 7. Subdivision 5 of section 430.20 of the criminal procedure law is REPEALED. § 8. This act shall take effect immediately. PART E Section 1. All unsatisfied civil judgments issued prior to the effec- tive date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of a surcharge, DNA data- bank fee, crime victim assistance fee, sexual offender registration fee, S. 3979--C 12 or supplemental sex offender victim fee are deemed to be null and void and, for all legal purposes, vacated and discharged. § 2. The office of court administration, in consultation with such other state or municipal agencies as necessary, shall establish proce- dures to formally vacate and discharge all unsatisfied civil judgments entered prior to the effective date of this act pursuant to the provisions of subdivision 5 of section 420.40 of the criminal procedure law solely based on the alleged failure on the part of a defendant to timely pay, and/or to appear on a court date set for the sole purpose of payment of, a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, or supplemental sex offender victim fee. Such procedures shall not require any affirmative actions on the part of any defendant subject to any such civil judgment. Such proce- dures shall be designed and implemented so as to accomplish the vacatur and discharge of all such civil judgments within six months of the effective date of this act. § 3. Subdivision 3 of section 420.30 of the criminal procedure law is REPEALED. § 4. This act shall take effect immediately. PART F Section 1. Section 420.10 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows: 9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW, FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY- SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED. § 2. Section 154 of the correction law, as added by chapter 788 of the laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 62 of the laws of 2003, is amended to read as follows: § 154. Disposition of Earnings. The earnings of a prisoner participat- ing in a work release program, less any payroll deductions required or authorized by law, shall be deposited with the department in a trust fund account. Such earnings shall not be subject to attachment or garnishment in the hands of the department. The commissioner is author- ized to provide for disbursements from the trust fund account for any or all of the following purposes: 1. Such costs incident to the prisoner's confinement as the commis- sioner deems appropriate and reasonable. 2. Such costs related to the prisoner's work release program as the commissioner deems appropriate and reasonable. 3. Support of the prisoner's dependents. [4. Payment of court fines, mandatory surcharge, sex offender regis- tration fee, DNA databank fee, restitution or reparation, or forfei- tures.] The balance of such earnings, if any, after disbursements for any of the foregoing purposes shall be paid to the prisoner upon termination of his imprisonment. § 3. This act shall take effect immediately. PART G S. 3979--C 13 Section 1. All orders issued prior to the effective date of this act directing payment by a defendant of a surcharge, DNA databank fee, crime victim assistance fee, sexual offender registration fee, supplemental sex offender victim fee, probation supervision fee or parole supervision fee are deemed to be null and void and, such orders are for all legal purposes, vacated and discharged. Pursuant to this section, any exist- ing encumbrances on commissary accounts or similar accounts held by a correctional facility, jail, or detention facility shall be lifted and deemed null and void. § 2. This act shall take effect immediately. § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 4. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through G of this act shall be as specifically set forth in the last section of such Parts.
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