Bill Text: NY S03979 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03979 Detail]
Download: New_York-2021-S03979-Amended.html
Bill Title: Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03979 Detail]
Download: New_York-2021-S03979-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3979--A 2021-2022 Regular Sessions IN SENATE 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. LBD02794-06-1S. 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: 1 Section 1. This act enacts into law major components of legislation 2 relating to ending the unfair financial burdens imposed on defendants in 3 criminal, vehicle and traffic, or other types of criminal or quasi-cri- 4 minal matters by the existence of mandatory court surcharges and fees, 5 mandatory minimum fines and mandatory probation or parole fees. This act 6 further enacts into law procedures by which courts would be required to 7 engage in an individualized assessment of a person's financial ability 8 to pay a fine prior to imposing a fine, eliminates the availability of 9 incarceration as a remedy for a failure to pay a fine, and vacates all 10 existing warrants or unsatisfied civil judgments issued solely based on 11 a person's failure to timely pay a fine, surcharge, or fee. Each compo- 12 nent is wholly contained within a Part identified as Parts A through H. 13 The effective date for each particular provision contained within such 14 Part is set forth in the last section of such Part. Any provision in any 15 section contained within a Part, including the effective date of the 16 Part, which makes reference to a section "of this act", when used in 17 connection with that particular component, shall be deemed to mean and 18 refer to the corresponding section of the Part in which it is found. 19 Section four of this act sets forth the general effective date of this 20 act. 21 § 2. Legislative intent. The legislative intent of this act is to end 22 the inequitable financial burdens placed on defendants by the previously 23 enacted statutory provisions which have authorized or mandated the impo- 24 sition of surcharges, fees, and/or mandatory minimum fines, which have 25 had a disparate impact on poor defendants, people of color, and those 26 who lack access to the significant financial resources necessary in 27 order to satisfy the imposition of surcharges, fees, and fines, and 28 which have also contributed to mass incarceration in New York state. The 29 legislative intent is also to end New York's regressive reliance on 30 generating governmental revenue by imposing surcharges, fees, and fines 31 on those least able to pay. 32 PART A 33 Section 1. Section 60.35 of the penal law is REPEALED. 34 § 2. Section 1809 of the vehicle and traffic law is REPEALED. 35 § 3. Section 1809-a of the vehicle and traffic law is REPEALED. 36 § 4. Section 1809-aa of the vehicle and traffic law is REPEALED. 37 § 5. Section 1809-b of the vehicle and traffic law is REPEALED. 38 § 6. Section 1809-c of the vehicle and traffic law is REPEALED. 39 § 7. Section 1809-d of the vehicle and traffic law is REPEALED.S. 3979--A 3 1 § 8. Section 1809-e of the vehicle and traffic law is REPEALED. 2 § 9. Section 71-0213 of the environmental conservation law is 3 REPEALED. 4 § 10. Subdivision (f) of section 1101 of the civil practice law and 5 rules, as added by section 1 of part D of chapter 412 of the laws of 6 1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by 7 section 51 of subpart B of part C of chapter 62 of the laws of 2011, is 8 amended to read as follows: 9 (f) Fees for inmates. 1. Notwithstanding any other provision of law to 10 the contrary, a federal, state or local inmate under sentence for 11 conviction of a crime may seek to commence his or her action or proceed- 12 ing by paying a reduced filing fee as provided in paragraph two of this 13 subdivision. Such inmate shall file the form affidavit referred to in 14 subdivision (d) of this section along with the summons and complaint or 15 summons with notice or third-party summons and complaint or petition or 16 notice of petition or order to show cause. As part of such application, 17 the inmate shall indicate the name and mailing address of the facility 18 at which he or she is confined along with the name and mailing address 19 of any other federal, state or local facility at which he or she was 20 confined during the preceding six month period. The case will be given 21 an index number if applicable, or, in courts other than the supreme or 22 county courts, any necessary filing number and the application will be 23 submitted to a judge of the court. Upon receipt of the application, the 24 court shall obtain from the appropriate official of the facility at 25 which the inmate is confined a certified copy of the inmate's trust fund 26 account statement (or institutional equivalent) for the six month period 27 preceding filing of the inmate's application. If the inmate has been 28 confined for less than six months at such facility, the court shall 29 obtain additional information as follows: 30 (i) in the case of a state inmate who has been transferred from anoth- 31 er state correctional facility, the court shall obtain a trust fund 32 account statement for the six month period from the central office of 33 the department of corrections and community supervision in Albany; or 34 (ii) in the case of a state inmate who is newly transferred from a 35 federal or local correctional facility, the court shall obtain any trust 36 fund account statement currently available from such facility. The court 37 may, in its discretion, seek further information from the prior or 38 current facility. 39 2. If the court determines that the inmate has insufficient means to 40 pay the full filing fee, the court may permit the inmate to pay a 41 reduced filing fee, the minimum of which shall not be less than fifteen 42 dollars and the maximum of which shall not be more than fifty dollars. 43 The court shall require an initial payment of such portion of the 44 reduced filing fee as the inmate can reasonably afford or shall author- 45 ize no initial payment of the fee if exceptional circumstances render 46 the inmate unable to pay any fee; provided however, that the difference 47 between the amount of the reduced filing fee and the amount paid by the 48 inmate in the initial partial payment shall be assessed against the 49 inmate as an outstanding obligation to be collected either by the super- 50 intendent or the municipal official of the facility at which the inmate 51 is confined, as the case may be[, in the same manner that mandatory52surcharges are collected as provided for in subdivision five of section5360.35 of the penal law]. The court shall notify the superintendent or 54 the municipal official of the facility where the inmate is housed of the 55 amount of the reduced filing fee that was not directed to be paid by the 56 inmate. Thereafter, the superintendent or the municipal official shallS. 3979--A 4 1 forward to the court any fee obligations that have been collected, 2 provided however, that: 3 (i) in no event shall the filing fee collected exceed the amount of 4 fees required for the commencement of an action or proceeding; and 5 (ii) in no event shall an inmate be prohibited from proceeding for the 6 reason that the inmate has no assets and no means by which to pay the 7 initial partial filing fee. 8 3. The institution at which an inmate is confined, or the central 9 office for the department of corrections and community supervision, 10 whichever is applicable, shall promptly provide the trust fund account 11 statement to the inmate as required by this subdivision. 12 4. Whenever any federal, state or local inmate obtains a judgment in 13 connection with any action or proceeding which exceeds the amount of the 14 filing fee, paid in accordance with the provisions of this subdivision 15 for commencing such action or proceeding, the court shall award to the 16 prevailing inmate, as a taxable disbursement, the actual amount of any 17 fee paid to commence the action or proceeding. 18 5. The provisions of this subdivision shall not apply to a proceeding 19 commenced pursuant to article seventy-eight of this chapter which 20 alleges a failure to correctly award or certify jail time credit due an 21 inmate, in violation of section six hundred-a of the correction law and 22 section 70.30 of the penal law. 23 § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive 24 law, as amended by section 38-f-1 of subpart A of part C of chapter 62 25 of the laws of 2011, is amended to read as follows: 26 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 27 least one month prior to the date on which an inmate may be paroled 28 pursuant to subdivision one of section 70.40 of the penal law, a member 29 or members as determined by the rules of the board shall personally 30 interview such inmate and determine whether he should be paroled in 31 accordance with the guidelines adopted pursuant to subdivision four of 32 section two hundred fifty-nine-c of this article. If parole is not 33 granted upon such review, the inmate shall be informed in writing within 34 two weeks of such appearance of the factors and reasons for such denial 35 of parole. Such reasons shall be given in detail and not in conclusory 36 terms. The board shall specify a date not more than twenty-four months 37 from such determination for reconsideration, and the procedures to be 38 followed upon reconsideration shall be the same. If the inmate is 39 released, he shall be given a copy of the conditions of parole. Such 40 conditions shall where appropriate, include a requirement that the paro- 41 lee comply with any restitution order[, mandatory surcharge, sex offen-42der registration fee and DNA databank fee] previously imposed by a court 43 of competent jurisdiction that applies to the parolee. The conditions 44 shall indicate which restitution collection agency established under 45 subdivision eight of section 420.10 of the criminal procedure law, shall 46 be responsible for collection of restitution[, mandatory surcharge, sex47offender registration fees and DNA databank fees as provided for in48section 60.35 of the penal law and section eighteen hundred nine of the49vehicle and traffic law]. 50 (ii) Any inmate who is scheduled for presumptive release pursuant to 51 section eight hundred six of the correction law shall not appear before 52 the board as provided in subparagraph (i) of this paragraph unless such 53 inmate's scheduled presumptive release is forfeited, canceled, or 54 rescinded subsequently as provided in such law. In such event, the 55 inmate shall appear before the board for release consideration asS. 3979--A 5 1 provided in subparagraph (i) of this paragraph as soon thereafter as is 2 practicable. 3 § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive 4 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 5 of the laws of 2011, is amended to read as follows: 6 (a) At least one month prior to the expiration of the minimum period 7 or periods of imprisonment fixed by the court or board, a member or 8 members as determined by the rules of the board shall personally inter- 9 view an inmate serving an indeterminate sentence and determine whether 10 he should be paroled at the expiration of the minimum period or periods 11 in accordance with the procedures adopted pursuant to subdivision four 12 of section two hundred fifty-nine-c of this article. If parole is not 13 granted upon such review, the inmate shall be informed in writing within 14 two weeks of such appearance of the factors and reasons for such denial 15 of parole. Such reasons shall be given in detail and not in conclusory 16 terms. The board shall specify a date not more than twenty-four months 17 from such determination for reconsideration, and the procedures to be 18 followed upon reconsideration shall be the same. If the inmate is 19 released, he shall be given a copy of the conditions of parole. Such 20 conditions shall where appropriate, include a requirement that the paro- 21 lee comply with any restitution order [and mandatory surcharge] previ- 22 ously imposed by a court of competent jurisdiction that applies to the 23 parolee. The conditions shall indicate which restitution collection 24 agency established under subdivision eight of section 420.10 of the 25 criminal procedure law, shall be responsible for collection of restitu- 26 tion [and mandatory surcharge as provided for in section 60.35 of the27penal law and section eighteen hundred nine of the vehicle and traffic28law]. 29 § 13. Subdivision 9 of section 201 of the correction law is REPEALED. 30 § 14. Section 257-c of the executive law is REPEALED and a new section 31 257-c is added to read as follows: 32 § 257-c. Probation administration fee; prohibited. Notwithstanding 33 any other provision of law, no county or city may require individuals 34 currently serving or who shall be sentenced to a period of probation 35 upon conviction of any crime to pay any fee, including but not limited 36 to an administrative fee, supervision fee, monitoring fee, testing fee, 37 or screening fee, to the local probation department with the responsi- 38 bility of supervising the probationer. Nothing in this section shall be 39 construed to affect the collection of restitution payments pursuant to 40 sections 65.10 and 60.27 of the penal law and subdivision eight of 41 section 420.10 of the criminal procedure law. 42 § 15. Subdivision 2 of section 205 of the correction law, as added by 43 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 44 amended to read as follows: 45 2. A merit termination granted by the department under this section 46 shall constitute a termination of the sentence with respect to which it 47 was granted. No such merit termination shall be granted unless the 48 department is satisfied that termination of sentence from presumptive 49 release, parole, conditional release or post-release supervision is in 50 the best interest of society[, and that the parolee or releasee, other-51wise financially able to comply with an order of restitution and the52payment of any mandatory surcharge previously imposed by a court of53competent jurisdiction, has made a good faith effort to comply there-54with].S. 3979--A 6 1 § 16. Subdivision 1 of section 259-j of the executive law, as amended 2 by section 38-g of subpart A of part C of chapter 62 of the laws of 3 2011, is amended to read as follows: 4 1. Except where a determinate sentence was imposed for a felony other 5 than a felony defined in article two hundred twenty or former article 6 two hundred twenty-one of the penal law, if the board of parole is 7 satisfied that an absolute discharge from presumptive release, parole, 8 conditional release or release to a period of post-release supervision 9 is in the best interests of society, the board may grant such a 10 discharge prior to the expiration of the full term or maximum term to 11 any person who has been on unrevoked community supervision for at least 12 three consecutive years. A discharge granted under this section shall 13 constitute a termination of the sentence with respect to which it was 14 granted. [No such discharge shall be granted unless the board is satis-15fied that the parolee or releasee, otherwise financially able to comply16with an order of restitution and the payment of any mandatory surcharge,17sex offender registration fee or DNA databank fee previously imposed by18a court of competent jurisdiction, has made a good faith effort to19comply therewith.] 20 § 17. Subdivision 3 of section 259-j of the executive law, as amended 21 by section 38-g of subpart A of part C of chapter 62 of the laws of 22 2011, is amended to read as follows: 23 3. Notwithstanding any other provision of this section to the contra- 24 ry, where a term of post-release supervision in excess of five years has 25 been imposed on a person convicted of a crime defined in article one 26 hundred thirty of the penal law, including a sexually motivated felony, 27 the board of parole may grant a discharge from post-release supervision 28 prior to the expiration of the maximum term of post-release supervision. 29 Such a discharge may be granted only after the person has served at 30 least five years of post-release supervision, and only to a person who 31 has been on unrevoked post-release supervision for at least three 32 consecutive years. No such discharge shall be granted unless the board 33 of parole or the department acting pursuant to its responsibility under 34 subdivision one of section two hundred one of the correction law 35 consults with any licensed psychologist, qualified psychiatrist, or 36 other mental health professional who is providing care or treatment to 37 the supervisee; and the board[: (a)] determines that a discharge from 38 post-release supervision is in the best interests of society[; and (b)39is satisfied that the supervisee, otherwise financially able to comply40with an order of restitution and the payment of any mandatory surcharge,41sex offender registration fee, or DNA data bank fee previously imposed42by a court of competent jurisdiction, has made a good faith effort to43comply therewith]. Before making a determination to discharge a person 44 from a period of post-release supervision, the board of parole may 45 request that the commissioner of the office of mental health arrange a 46 psychiatric evaluation of the supervisee. A discharge granted under this 47 section shall constitute a termination of the sentence with respect to 48 which it was granted. 49 § 18. Subdivision 5 of section 27.12 of the parks, recreation and 50 historic preservation law is REPEALED and subdivision 6 is renumbered 51 subdivision 5. 52 § 19. Subdivision 4 of section 60.02 of the penal law is renumbered 53 subdivision 3. 54 § 20. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 55 503 of the vehicle and traffic law, as amended by section 3 of part PP 56 of chapter 59 of the laws of 2009, is amended to read as follows:S. 3979--A 7 1 (i) When a license issued pursuant to this article, or a privilege of 2 operating a motor vehicle or of obtaining such a license, has been 3 suspended based upon a failure to answer an appearance ticket or a 4 summons [or failure to pay a fine, penalty or mandatory surcharge,] 5 pursuant to subdivision three of section two hundred twenty-six, subdi- 6 vision four of section two hundred twenty-seven, or subdivision four-a 7 of section five hundred ten [or subdivision five-a of section eighteen8hundred nine] of this chapter, such suspension shall remain in effect 9 until a termination of a suspension fee of seventy dollars [is] may be 10 paid to the court or tribunal that initiated the suspension of such 11 license or privilege. In no event may the aggregate of the fees imposed 12 by an individual court pursuant to this paragraph for the termination of 13 all suspensions that may be terminated as a result of a person's 14 answers[,] or appearances [or payments] made in such cases pending 15 before such individual court exceed four hundred dollars. For the 16 purposes of this paragraph, the various locations of the administrative 17 tribunal established under article two-A of this chapter shall be 18 considered an individual court. 19 § 21. Section 4-411 of the village law, as amended by section 12 of 20 part F of chapter 62 of the laws of 2003, is amended to read as follows: 21 § 4-411 Disposition of fines and penalties. Except as otherwise 22 provided by law, all fines and penalties imposed for the violation of a 23 village local law, ordinance or regulation shall be the property of the 24 village, whether or not the village has established the office of 25 village justice. [Nothing in this section shall be deemed to affect the26disposition of mandatory surcharges, sex offender registration fees, DNA27databank fees or crime victim assistance fees as provided by section2860.35 of the penal law, or of mandatory surcharges as provided by29section eighteen hundred nine of the vehicle and traffic law, or of30fines, penalties and forfeitures as provided by section eighteen hundred31three of the vehicle and traffic law relating to traffic offenses.] 32 § 22. Subdivision 2 of section 837-i of the executive law, as added by 33 chapter 166 of the laws of 1991, is amended to read as follows: 34 2. The commissioner in consultation with the chief executive officers 35 of cities with a population in excess of one hundred thousand persons 36 according to the nineteen hundred eighty United States census shall 37 establish a system to record and monitor the issuance and disposition of 38 parking tickets[, to monitor the collection of the mandatory surcharge39required by section eighteen hundred nine-a of the vehicle and traffic40law] and to receive information from cities for this purpose. Each such 41 city shall report on such parking violations on a monthly basis in the 42 form and manner prescribed by the commissioner including, but not limit- 43 ed to, the parking tickets issued, the dispositions of such tickets and 44 the amount of fines[,] and penalties [and mandatory surcharges] 45 collected. The commissioner shall collect, process and analyze such 46 information and present periodic reports on the parking violations 47 enforcement and disposition program. 48 § 23. Section 837-j of the executive law is REPEALED. 49 § 24. Subdivision 1 of section 837-i of the executive law, as added by 50 chapter 166 of the laws of 1991, is amended to read as follows: 51 1. The commissioner, in cooperation with the commissioner of the 52 department of motor vehicles, and in consultation with the chief execu- 53 tive officers of cities with a population in excess of one hundred thou- 54 sand persons according to the nineteen hundred eighty United States 55 census shall prescribe the form and content of uniform parking tickets 56 for such cities in all cases involving a parking, standing or stoppingS. 3979--A 8 1 violation as defined in accordance with the vehicle and traffic law, 2 hereinafter referred to as parking violations, or of any local law, 3 ordinance, rule or regulation adopted pursuant to the vehicle and traf- 4 fic law relating to parking violations. [Upon written application of the5chief executive officer of any such city, the commissioner, after6consultation with the commissioner of the department of motor vehicles,7may authorize the use of a parking ticket other than the uniform parking8ticket prescribed pursuant to this section if he or she determines that9use of such other parking ticket is not inconsistent with, and will not10diminish the effectiveness of, the parking violations enforcement and11disposition program established pursuant to section eight hundred thir-12ty-seven-j of this chapter, and may also authorize for a specified time13period the use of a parking ticket which was used by such city on or14before the effective date of this section.] 15 § 25. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of 16 section 235 of the vehicle and traffic law, as amended by section 18 of 17 part J of chapter 62 of the laws of 2003, is amended to read as follows: 18 (E) that submission of a plea of guilty to the parking violation makes 19 the owner liable for payment of the stated fine and additional penalties 20 imposed pursuant to paragraph b of this subdivision [and the mandatory21surcharge of fifteen dollars imposed upon parking violations pursuant to22section eighteen hundred nine-a of this chapter]. 23 § 26. Subdivision 4 of section 1203-g of the vehicle and traffic law, 24 as added by chapter 497 of the laws of 1999, is amended to read as 25 follows: 26 4. Every county and the city of New York that establishes a hand- 27 icapped parking education program shall establish a separate handicapped 28 parking education fund in the custody of the chief fiscal officer of 29 each such county or city, by April first, two thousand[, which shall30consist of moneys granted to such county or city pursuant to section31eighteen hundred nine-b of this chapter]. No provision of law shall be 32 deemed to preclude a county or the city of New York from receiving funds 33 [from other sources] to be deposited in the handicapped parking educa- 34 tion fund, provided such funds are used in a manner and for purposes 35 consistent with this section. The moneys of such fund shall be disbursed 36 to provide education, advocacy and increased awareness of handicapped 37 parking laws and may be used to execute contracts with private organiza- 38 tions for such purposes. Such contracts shall be awarded upon compet- 39 itive bids after the issuance of requests for proposal. 40 § 27. Subdivision 2 of section 99-n of the state finance law, as added 41 by chapter 223 of the laws of 2005, is amended to read as follows: 42 2. The fund shall consist of all monies appropriated for its 43 purpose[,] and all monies required by this section or any other 44 provision of law to be paid into or credited to such fund[, collected by45the mandatory surcharges imposed pursuant to subdivision one of section46eighteen hundred nine-d of the vehicle and traffic law]. Nothing 47 contained in this section shall prevent the department of motor vehicles 48 from receiving grants or other appropriations for the purposes of the 49 fund as defined in this section and depositing them into the fund 50 according to law. 51 § 28. This act shall take effect immediately; provided however that 52 the amendments to subdivision (f) of section 1101 of the civil practice 53 law and rules made by section ten of this act shall not affect the expi- 54 ration of such section and shall be deemed to expire therewith; provided 55 further, however, that the amendments to paragraph (a) of subdivision 2 56 of section 259-i of the executive law made by section eleven of this actS. 3979--A 9 1 shall be subject to the expiration and reversion of such paragraph 2 pursuant to subdivision d of section 74 of chapter 3 of the laws of 3 1995, as amended, when upon such date the provisions of section twelve 4 of this act shall take effect; and provided further however that the 5 amendments to clause (E) of subparagraph 2 of paragraph a of subdivision 6 2 of section 235 of the vehicle and traffic law made by section twenty- 7 five of this act shall not affect the expiration of such section and 8 shall expire therewith. 9 PART B 10 Section 1. The penal law is amended by adding a new section 80.20 to 11 read as follows: 12 § 80.20 Mandatory minimum fines prohibited. 13 Notwithstanding any other provision of law, no offense shall carry a 14 mandatory minimum fine. 15 § 2. Section 1800 of the vehicle and traffic law is amended by adding 16 a new subdivision (j) to read as follows: 17 (j) Notwithstanding any other provision of law, no offense described 18 in this chapter shall carry a mandatory minimum fine. 19 § 3. This act shall take effect immediately. 20 PART C 21 Section 1. Section 80.05 of the penal law is amended by adding a new 22 subdivision 7 to read as follows: 23 7. Individualized assessment. When imposing a fine pursuant to the 24 provisions of this section, the court shall consider the profit gained 25 by the defendant's conduct, whether the amount of the fine is dispropor- 26 tionate to the conduct in which the defendant engaged, the impact on any 27 victims, and the defendant's economic circumstances, including the 28 defendant's ability to pay, the effect of the fine upon his or her imme- 29 diate family or any other persons to whom the defendant owes an obli- 30 gation of support. In addition, when imposing a fine the court shall 31 establish such payment schedules as are fair and reasonable taking into 32 consideration the defendant's economic circumstances. 33 § 2. The vehicle and traffic law is amended by adding a new section 34 1811 to read as follows: 35 § 1811. Fines; individualized assessment. When imposing a fine pursu- 36 ant to the provisions of this section, the court shall consider the 37 profit gained by the defendant's conduct, whether the amount of the fine 38 is disproportionate to the conduct in which the defendant engaged, the 39 impact on any victims, and the defendant's economic circumstances, 40 including the defendant's ability to pay, the effect of the fine upon 41 his or her immediate family or any other persons to whom the defendant 42 owes an obligation of support. In addition, when imposing a fine the 43 court shall establish such payment schedules as are fair and reasonable 44 taking into consideration the defendant's economic circumstances. 45 § 3. This act shall take effect immediately. 46 PART D 47 Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal 48 procedure law are REPEALED. 49 § 2. Section 420.35 of the criminal procedure law is REPEALED.S. 3979--A 10 1 § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as 2 separately amended by chapters 233 and 506 of the laws of 1985, the 3 second undesignated paragraph as amended by chapter 618 of the laws of 4 1992, is amended to read as follows: 5 5. Application for resentence. In any case where the defendant is 6 unable to pay a fine, restitution or reparation imposed by the court, he 7 may at any time apply to the court for resentence. In such case, if the 8 court is satisfied that the defendant is unable to pay the fine, resti- 9 tution or reparation it must: 10 (a) Adjust the terms of payment; or 11 (b) Lower the amount of the fine, restitution or reparation to an 12 amount the defendant is able to pay, or revoke it entirely from the 13 sentence if the defendant has no ability to pay; or 14 (c) [Where the sentence consists of probation or imprisonment and a15fine, restitution or reparation, revoke the portion of the sentence16imposing the fine, restitution or reparation; or17(d)] Revoke the entire sentence imposed and resentence the defendant. 18 Upon such resentence the court may impose any sentence it originally 19 could have imposed, except that the amount of any fine, restitution or 20 reparation imposed may not be in excess of the amount the defendant is 21 able to pay and that the court may not sentence the defendant to any 22 term of imprisonment, probation, or post-release supervision in excess 23 of any such term imposed by the original sentence. 24 In any case where the defendant applies for resentencing with respect 25 to any condition of the sentence relating to restitution or reparation 26 the court must order that notice of such application and a reasonable 27 opportunity to be heard be given to the person or persons given notice 28 pursuant to subdivision one of this section. If the court grants the 29 defendant's application by changing the original order for restitution 30 or reparation in any manner, the court must place the reasons therefor 31 on the record. 32 [For the purposes of this subdivision, the court shall not determine33that the defendant is unable to pay the fine, restitution or reparation34ordered solely because of such defendant's incarceration but shall35consider all the defendant's sources of income including, but not limit-36ed to, moneys in the possession of an inmate at the time of his admis-37sion into such facility, funds earned by him in a work release program38as defined in subdivision four of section one hundred fifty of the39correction law, funds earned by him as provided for in section one40hundred eighty-seven of the correction law and any other funds received41by him or on his behalf and deposited with the superintendent or the42municipal official of the facility where the person is confined.] In 43 determining whether an incarcerated defendant is able to pay a fine, 44 restitution, or reparation, the court shall not consider income earned 45 pursuant to subdivision four of section one hundred fifty of the 46 correction law, income earned pursuant to section one hundred eighty- 47 seven of the correction law, or funds received by the defendant or on 48 the defendant's behalf and deposited with the superintendent or the 49 municipal official of the facility where the person is confined. 50 § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as 51 amended by chapter 3 of the laws of 1995, is amended to read as follows: 52 1. Applicability. The procedure specified in this section governs 53 remission of fines, restitution or reparation [in all cases not covered54by subdivision four of section 420.10]. 55 § 5. The criminal procedure law is amended by adding a new section 56 420.11 to read as follows:S. 3979--A 11 1 § 420.11 Warrants and sentences of incarceration; effectiveness. 2 1. All warrants issued prior to the effective date of this section 3 pursuant to the provisions of subdivision three of section 420.10 of 4 this article as such subdivision existed prior to the effective date of 5 this section and/or the provisions of subdivision one of section 420.35 6 of this article as such subdivision existed prior to the effective date 7 of this section solely based on the alleged failure on the part of a 8 defendant to timely pay, and/or to appear on a court date set for the 9 sole purpose of payment of, a fine, restitution, reparation, surcharge, 10 DNA databank fee, crime victim assistance fee, sexual offender registra- 11 tion fee, and/or supplemental sex offender victim fee, are deemed to be 12 null and void. 13 2. The office of court administration, in consultation with such other 14 state or municipal agencies as necessary, shall establish procedures to 15 formally rescind all warrants issued prior to the effective date of this 16 section pursuant to the provisions of subdivision three of section 17 420.10 of this article as such subdivision existed prior to the effec- 18 tive date of this section and/or the provisions of subdivision one of 19 section 420.35 of this article as such subdivision existed prior to the 20 effective date of this section solely based on the alleged failure on 21 the part of a defendant to timely pay, and/or to appear on a court date 22 set for the sole purpose of payment of, a fine, restitution, reparation, 23 surcharge, DNA databank fee, crime victim assistance fee, sexual offen- 24 der registration fee, and/or supplemental sex offender victim fee. Such 25 procedures shall not require any affirmative actions on the part of any 26 defendant subject to any such warrant. Such procedures shall be 27 designed and implemented so as to accomplish the rescinding of all such 28 warrants within six months of the effective date of this section. 29 3. All sentences of incarceration imposed prior to the effective date 30 of this section pursuant to the provisions of subdivision three of 31 section 420.10 of this article as such subdivision existed prior to the 32 effective date of this section, subdivision five of section 420.10 of 33 this article, or section 420.35 of this article as such section existed 34 prior to the effective date of this section based solely on the alleged 35 failure on the part of a defendant to timely pay, or timely appear on a 36 court date scheduled for the purposes of payment of, a fine, restitu- 37 tion, reparation, surcharge, DNA databank fee, crime victim assistance 38 fee, sexual offender registration fee, or supplemental sex offender 39 victim fee are deemed to be null and void and any person serving such a 40 sentence shall be released from custody immediately. 41 4. The office of court administration, in consultation with such other 42 state or municipal agencies as is necessary, shall establish procedures 43 to formally rescind all sentences of incarceration imposed prior to the 44 effective date of this section pursuant to the provisions of subdivision 45 three of section 420.10 of this article as such subdivision existed 46 prior to the effective date of this section or section 420.35 of this 47 article as such section existed prior to the effective date of this 48 section based solely on the alleged failure on the part of a defendant 49 to timely pay a fine, restitution, reparation, surcharge, DNA databank 50 fee, crime victim assistance fee, sexual offender registration fee, or 51 supplemental sex offender victim fee. Such procedures shall not require 52 any affirmative actions on the part of any defendant subject to any such 53 sentence. 54 § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as 55 amended by chapter 788 of the laws of 1971, is amended to read as 56 follows:S. 3979--A 12 1 1. In general. When a sentence of imprisonment is pronounced, [or when2th sentence consists of a fine and the court has directed that the3defendant be imprisoned until it is satisfied,] the defendant must 4 forthwith be committed to the custody of the appropriate public servant 5 and detained until the sentence is complied with. 6 § 7. Subdivision 5 of section 430.20 of the criminal procedure law is 7 REPEALED. 8 § 8. This act shall take effect immediately. 9 PART E 10 Section 1. All unsatisfied civil judgments issued prior to the effec- 11 tive date of this act pursuant to the provisions of subdivision 5 of 12 section 420.40 of the criminal procedure law solely based on the alleged 13 failure on the part of a defendant to timely pay, and/or to appear on a 14 court date set for the sole purpose of payment of a surcharge, DNA data- 15 bank fee, crime victim assistance fee, sexual offender registration fee, 16 or supplemental sex offender victim fee are deemed to be null and void 17 and, for all legal purposes, vacated and discharged. 18 § 2. The office of court administration, in consultation with such 19 other state or municipal agencies as necessary, shall establish proce- 20 dures to formally vacate and discharge all unsatisfied civil judgments 21 entered prior to the effective date of this act pursuant to the 22 provisions of subdivision 5 of the criminal procedure law section 420.40 23 solely based on the alleged failure on the part of a defendant to timely 24 pay, and/or to appear on a court date set for the sole purpose of 25 payment of, a surcharge, DNA databank fee, crime victim assistance fee, 26 sexual offender registration fee, or supplemental sex offender victim 27 fee. Such procedures shall not require any affirmative actions on the 28 part of any defendant subject to any such civil judgment. Such proce- 29 dures shall be designed and implemented so as to accomplish the vacatur 30 and discharge of all such civil judgments within six months of the 31 effective date of this act. 32 § 3. Subdivision 3 of section 420.30 of the criminal procedure law is 33 REPEALED. 34 § 4. This act shall take effect immediately. 35 PART F 36 Section 1. Section 420.10 of the criminal procedure law is amended by 37 adding a new subdivision 9 to read as follows: 38 9. In no case shall a fine, restitution, or reparation be collected 39 out of the funds of a person who is presently incarcerated, including 40 funds earned by the person in a work release program as defined in 41 subdivision four of section one hundred fifty of the correction law, 42 funds earned by a person as provided for in section one hundred eighty- 43 seven of the correction law, and any other funds received by the person 44 or on the person's behalf and deposited with the superintendent or the 45 municipal official of the facility where the person is confined. 46 § 2. Section 154 of the correction law, as added by chapter 788 of the 47 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 48 62 of the laws of 2003, is amended to read as follows: 49 § 154. Disposition of Earnings. The earnings of a prisoner participat- 50 ing in a work release program, less any payroll deductions required or 51 authorized by law, shall be deposited with the department in a trust 52 fund account. Such earnings shall not be subject to attachment orS. 3979--A 13 1 garnishment in the hands of the department. The commissioner is author- 2 ized to provide for disbursements from the trust fund account for any or 3 all of the following purposes: 4 1. Such costs incident to the prisoner's confinement as the commis- 5 sioner deems appropriate and reasonable. 6 2. Such costs related to the prisoner's work release program as the 7 commissioner deems appropriate and reasonable. 8 3. Support of the prisoner's dependents. 9 [4. Payment of court fines, mandatory surcharge, sex offender regis-10tration fee, DNA databank fee, restitution or reparation, or forfei-11tures.] 12 The balance of such earnings, if any, after disbursements for any of 13 the foregoing purposes shall be paid to the prisoner upon termination of 14 his imprisonment. 15 § 3. This act shall take effect immediately. 16 PART G 17 Section 1. Subdivision 2 of section 205 of the correction law, as 18 added by section 32 of subpart A of part C of chapter 62 of the laws of 19 2011, is amended to read as follows: 20 2. A merit termination granted by the department under this section 21 shall constitute a termination of the sentence with respect to which it 22 was granted. No such merit termination shall be granted unless the 23 department is satisfied that termination of sentence from presumptive 24 release, parole, conditional release or post-release supervision is in 25 the best interest of society[, and that the parolee or releasee, other-26wise financially able to comply with an order of restitution and the27payment of any mandatory surcharge previously imposed by a court of28competent jurisdiction, has made a good faith effort to comply there-29with]. 30 § 2. Subdivisions 1 and 3 of section 259-j of the executive law, as 31 amended by section 38-g of subpart A of part C of chapter 62 of the laws 32 of 2011, are amended to read as follows: 33 1. Except where a determinate sentence was imposed for a felony other 34 than a felony defined in article two hundred twenty or article two 35 hundred twenty-one of the penal law, if the board of parole is satisfied 36 that an absolute discharge from presumptive release, parole, conditional 37 release or release to a period of post-release supervision is in the 38 best interests of society, the board may grant such a discharge prior to 39 the expiration of the full term or maximum term to any person who has 40 been on unrevoked community supervision for at least three consecutive 41 years. A discharge granted under this section shall constitute a termi- 42 nation of the sentence with respect to which it was granted. [No such43discharge shall be granted unless the board is satisfied that the paro-44lee or releasee, otherwise financially able to comply with an order of45restitution and the payment of any mandatory surcharge, sex offender46registration fee or DNA databank fee previously imposed by a court of47competent jurisdiction, has made a good faith effort to comply there-48with.] 49 3. Notwithstanding any other provision of this section to the contra- 50 ry, where a term of post-release supervision in excess of five years has 51 been imposed on a person convicted of a crime defined in article one 52 hundred thirty of the penal law, including a sexually motivated felony, 53 the board of parole may grant a discharge from post-release supervision 54 prior to the expiration of the maximum term of post-release supervision.S. 3979--A 14 1 Such a discharge may be granted only after the person has served at 2 least five years of post-release supervision, and only to a person who 3 has been on unrevoked post-release supervision for at least three 4 consecutive years. No such discharge shall be granted unless the board 5 of parole or the department acting pursuant to its responsibility under 6 subdivision one of section two hundred one of the correction law 7 consults with any licensed psychologist, qualified psychiatrist, or 8 other mental health professional who is providing care or treatment to 9 the supervisee; and the board[: (a)] determines that a discharge from 10 post-release supervision is in the best interests of society[; and (b)11is satisfied that the supervisee, otherwise financially able to comply12with an order of restitution and the payment of any mandatory surcharge,13sex offender registration fee, or DNA data bank fee previously imposed14by a court of competent jurisdiction, has made a good faith effort to15comply therewith]. Before making a determination to discharge a person 16 from a period of post-release supervision, the board of parole may 17 request that the commissioner of the office of mental health arrange a 18 psychiatric evaluation of the supervisee. A discharge granted under this 19 section shall constitute a termination of the sentence with respect to 20 which it was granted. 21 § 3. This act shall take effect immediately. 22 PART H 23 Section 1. All orders issued prior to the effective date of this act 24 directing payment by a defendant of a surcharge, DNA databank fee, crime 25 victim assistance fee, sexual offender registration fee, supplemental 26 sex offender victim fee, probation supervision fee, or parole super- 27 vision fee are deemed to be null and void and, such orders are for all 28 legal purposes, vacated and discharged. Pursuant to this section, any 29 existing encumbrances on commissary accounts or similar accounts held by 30 a correctional facility, jail, or detention facility shall be lifted and 31 deemed null and void. 32 § 2. This act shall take effect immediately. 33 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 34 sion, section or part of this act shall be adjudged by any court of 35 competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, or invalidate the remainder thereof, but shall be confined in 37 its operation to the clause, sentence, paragraph, subdivision, section 38 or part thereof directly involved in the controversy in which such judg- 39 ment shall have been rendered. It is hereby declared to be the intent of 40 the legislature that this act would have been enacted even if such 41 invalid provisions had not been included herein. 42 § 4. This act shall take effect immediately provided, however, that 43 the applicable effective date of Parts A through H of this act shall be 44 as specifically set forth in the last section of such Parts.
