§ 60.35 Mandatory surcharge and crime victim assistance fee required in
certain cases.
1. Except as provided in section eighteen hundred nine of the vehicle
and traffic law and section 27.12 of the parks, recreation and historic
preservation law, whenever proceedings in an administrative tribunal or
a court of this state result in a conviction for a felony, a misdemea-
nor, or a violation, as these terms are defined in section 10.00 of this
chapter, there shall be levied at sentencing a mandatory surcharge and a
crime victim assistance fee in addition to any sentence required or
permitted by law, in accordance with the following schedule:
(a) a person convicted of a felony shall pay a mandatory surcharge of
[one hundred fifty] two hundred dollars and a crime victim assistance
fee of [five] ten dollars;
(b) a person convicted of a misdemeanor shall pay a mandatory
surcharge of [eighty-five] one hundred ten dollars and a crime victim
assistance fee of [five] ten dollars;
(c) a person convicted of a violation shall pay a mandatory surcharge
of [forty] fifty dollars and a crime victim assistance fee of [five] ten
dollars.
Note: Act (L. 2000, c. 57) amending surcharges
is effective immediately and deemed to have been in full force and effect
on and after April 1, 2000 (signed 5/15/00).
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or omis-
sion which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee in accordance with
the provisions of this section for the crime or violation which carries
the highest classification, and no other sentence to pay a mandatory
surcharge or a crime victim assistance fee required by this section
shall be imposed.
3. The mandatory surcharge and crime victim assistance fee provided
for in subdivision one of this section shall be paid to the clerk of the
court or administrative tribunal that rendered the conviction. Within
the first ten days of the month following collection of the mandatory
surcharge and crime victim assistance fee, the collecting authority
shall determine the amount of mandatory surcharge and crime victim
assistance fee collected and, if it is an administrative tribunal, or a
town or village justice court, it shall then pay such money to the state
comptroller who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the criminal justice improvement account established by section nine-
ty-seven-bb of the state finance law. If such collecting authority is
any other court of the unified court system, it shall, within such peri-
od, pay such money to the state commissioner of taxation and finance to
the credit of the criminal justice improvement account established by
section ninety-seven-bb of the state finance law.
4. Any person who has paid a mandatory surcharge or a crime victim
assistance fee under the authority of this section based upon a
conviction that is subsequently reversed or who paid a mandatory
surcharge or a crime victim assistance fee under the authority of this
section which is ultimately determined not to be required by this
section shall be entitled to a refund of such mandatory surcharge or
crime victim assistance fee upon application to the state comptroller.
The state comptroller shall require such proof as is necessary in order
to determine whether a refund is required by law.
* 5. (a) When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge or crime victim assistance fee required by this section, the
clerk of the court that rendered the conviction shall notify the super-
intendent or the municipal official of the facility where the person is
confined. The superintendent or the municipal official shall cause any
amount owing to be collected from such person during his term of impri-
sonment from moneys to the credit of an inmates' fund or such moneys as
may be earned by a person in a work release program pursuant to section
eight hundred sixty of the correction law. Such moneys shall be paid
over to the state comptroller to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the state
finance law. For the purposes of collecting such mandatory surcharge and
crime victim assistance fee, the state shall be legally entitled to the
money to the credit of an inmates' fund or money which is earned by an
inmate in a work release program. For purposes of this subdivision, the
term "inmates' fund" shall mean moneys in the possession of an inmate at
the time of his admission into such facility, funds earned by him as
provided for in section one hundred eighty-seven of the correction law
and any other funds received by him or on his behalf and deposited with
such superintendent or municipal official.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge or crime victim assistance fee remains unpaid. In such circum-
stances, any monies which may lawfully be withheld from the compensation
paid to a prisoner for work performed while housed in a general confine-
ment facility in satisfaction of such an obligation shall first be
applied toward satisfaction of such obligation.
* NB Effective until 2001/09/01
* 5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge or crime victim assistance fee required by this section, the
clerk of the court that rendered the conviction shall notify the super-
intendent or the municipal official of the facility where the person is
confined. The superintendent or the municipal official shall cause any
amount owing to be collected from such person during his term of impri-
sonment from moneys to the credit of an inmates' fund or such moneys as
may be earned by a person in a work release program pursuant to section
eight hundred sixty of the correction law. Such moneys shall be paid
over to the state comptroller to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the state
finance law. For the purposes of collecting such mandatory surcharge and
crime victim assistance fee, the state shall be legally entitled to the
money to the credit of an inmates' fund or money which is earned by an
inmate in a work release program. For purposes of this subdivision, the
term "inmates' fund" shall mean moneys in the possession of an inmate at
the time of his admission into such facility, funds earned by him as
provided for in section one hundred eighty-seven of the correction law
and any other funds received by him or on his behalf and deposited with
such superintendent or municipal official.
* NB Effective 2001/09/01
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
chapter, such person shall not be required to pay a mandatory surcharge
or a crime victim assistance fee.
7. Notwithstanding the provisions of subdivision one of section 60.00
of this chapter, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge is imposed a
town or village court may, and all other courts shall, issue and cause
to be served upon the person required to pay the mandatory surcharge, a
summons directing that such person appear before the court regarding the
payment of the mandatory surcharge if after sixty days from the date it
was imposed it remains unpaid. The designated date of appearance on the
summons shall be set for the first day court is in session falling after
the sixtieth day from the imposition of the mandatory surcharge. The
summons shall contain the information required by subdivision two of
section 130.10 of the criminal procedure law except that in substitution
for the requirement of paragraph (c) of such subdivision the summons
shall state that the person served must appear at a date, time and
specific location specified in the summons if after sixty days from the
date of issuance the mandatory surcharge remains unpaid. The court shall
not issue a summons under this subdivision to a person who is being
sentenced to a term of confinement in excess of sixty days in jail or in
the department of correctional services. The mandatory surcharges for
those persons shall be governed by the provisions of section 60.30 of
the penal law.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.(For verification consult Official Text at Senate Gopher site.)