§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
fee, supplemental sex offender victim fee and crime victim
assistance fee required in certain cases.
1. (a) Except as provided in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks, recreation and
historic preservation law, whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter, there shall be levied at sentencing a mandatory
surcharge, sex offender registration fee, DNA databank fee and a crime
victim assistance fee in addition to any sentence required or permitted
by law, in accordance with the following schedule:
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars and a crime victim assistance fee of twenty-five
dollars;
(As amended by L.2008 c.56 Part DD effective 7/1/08.)
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim
assistance fee of twenty-five dollars;
(As amended by L.2008 c.56 Part DD effective 7/1/08.)
(iii) a person convicted of a violation shall pay a mandatory
surcharge of ninety-five dollars and a crime victim assistance fee of
twenty-five dollars;
(iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender
registration fee of fifty dollars.
(v) a person convicted of a designated offense as defined by
subdivision seven of section nine hundred ninety-five of the executive
law shall, in addition to a mandatory surcharge and crime victim
assistance fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph (a) of this subdivision results from an
offense contained in article one hundred thirty of this chapter, incest
in the third, second or first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted shall pay a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or
omission which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory surcharge and a crime victim assistance fee, and where
appropriate a supplemental sex offender victim 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, crime victim assistance fee or supplemental sex offender
victim fee required by this section shall be imposed. Where a person is
convicted of two or more sex offenses or sexually violent offenses, as
defined by subdivisions two and three of section one hundred
sixty-eight-a of the correction law, committed through a single act or
omission, or through an act or omission which in itself constituted one
of the offenses and also was a material element of the other, the court
shall impose only one sex offender registration fee. Where a person is
convicted of two or more designated offenses, as defined by subdivision
seven of section nine hundred ninety-five of the executive law,
committed through a single act or omission, or through an act or
omission which in itself constituted one of the offenses and also was a
material element of the other, the court shall impose only one DNA
databank fee.
3. The mandatory surcharge, sex offender registration fee, DNA databank
fee, crime victim assistance fee, and supplemental sex offender victim
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, crime victim assistance fee, and
supplemental sex offender victim fee, the collecting authority shall
determine the amount of mandatory surcharge, crime victim assistance fee,
and supplemental sex offender victim fee collected and, if it is an
administrative tribunal, or a town or village justice court, it shall
then pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the state
finance law. Within the first ten days of the month following collection
of the sex offender registration fee and DNA databank fee, the
collecting authority shall determine the amount of the sex offender
registration fee and DNA databank fee collected and, if it is an
administrative tribunal, or a town or village justice court, it shall
then pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the general fund. If such
collecting authority is any other court of the unified court system,
it shall, within such period, pay such money attributable to the
mandatory surcharge or crime victim assistance fee to the state
commissioner of taxation and finance to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law. If such collecting authority is any other court
of the unified court system, it shall, within such period, pay such
money attributable to the sex offender registration fee and the DNA
databank fee to the state commissioner of taxation and finance to the
credit of the general fund.
4. Any person who has paid a mandatory surcharge, sex offender
registration fee, DNA databank fee, a crime victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently reversed or who paid a
mandatory surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or supplemental sex offender victim fee
under the authority of this section which is ultimately determined not
to be required by this section shall be entitled to a refund of such
mandatory surcharge, sex offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application to the state comptroller. The state comptroller shall
require such proof as is necessary in order to determine whether a
refund is required by law.
* 5. (a) When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall
notify the superintendent or the municipal official of the facility
where the person is confined. The superintendent or the municipal
official shall cause any amount owing to be collected from such person
during his or her term of imprisonment from moneys to the credit of an
incarcerated individuals' fund or such moneys as may be earned by a
person in a work release program pursuant to section eight hundred sixty
of the correction law. Such moneys attributable to the mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees, crime
victim assistance fees or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the
superintendent or municipal official of the facility to the justice of
the court in which the conviction was obtained. For the purposes of
collecting such mandatory surcharge, sex offender registration fee, DNA
databank fee, crime victim assistance fee, and supplemental sex offender
victim fee, the state shall be legally entitled to the money to the
credit of an incarcerated individuals' fund or money which is earned by
an incarcerated individual in a work release program. For purposes of
this subdivision, the term "incarcerated individuals' fund" shall mean
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 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 such superintendent or municipal official.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee remains unpaid.
In such circumstances, any monies which may lawfully be withheld from
the compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
* NB Effective until September 1, 2023
(As amended by L.2021 c.322 effective 08/02/21)
* 5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall
notify the superintendent or the municipal official of the facility
where the person is confined. The superintendent or the municipal
official shall cause any amount owing to be collected from such person
during his or her term of imprisonment from moneys to the credit of an
incarcerated individuals' fund or such moneys as may be earned by a
person in a work release program pursuant to section eight hundred sixty
of the correction law. Such moneys attributable to the mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees, crime
victim assistance fees or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the
superintendent or municipal official of the facility to the justice of
the court in which the conviction was obtained. For the purposes of
collecting such mandatory surcharge, sex offender registration fee, DNA
databank fee, crime victim assistance fee and supplemental sex offender
victim fee, the state shall be legally entitled to the money to the
credit of an incarcerated individuals' fund or money which is earned by
an incarcerated individual in a work release program. For purposes of
this subdivision, the term "incarcerated individuals' fund" shall mean
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 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 such superintendent or municipal official.
* NB Effective September 1, 2023
(As amended by L.2021 c.322 effective 08/02/21)
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
article, 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 article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee or
supplemental sex offender victim fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served upon the
person required to pay the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee or
supplemental sex offender victim fee, a summons directing that such
person appear before the court regarding the payment of the mandatory
surcharge, sex offender registration fee or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, if
after sixty days from the date it was imposed it remains unpaid.
The designated date of appearance on the summons shall be set for the
first day court is in session falling after the sixtieth day from the
imposition of the mandatory surcharge, sex offender registration fee or
DNA databank fee, crime victim assistance fee or supplemental sex
offender victim fee. The summons shall contain the information required
by subdivision two of section 130.10 of the criminal procedure law
except that in substitution for the requirement of paragraph (c) of such
subdivision the summons shall state that the person served must appear
at a date, time and specific location specified in the summons if
after sixty days from the date of issuance the mandatory surcharge, sex
offender registration fee or DNA databank fee, crime victim assistance
fee or supplemental sex offender victim fee remains unpaid. The court
shall not issue a summons under this subdivision to a person who is
being sentenced to a term of confinement in excess of sixty days in jail
or in the department of correctional services. The mandatory surcharges,
sex offender registration fee and DNA databank fees, crime victim
assistance fees and supplemental sex offender victim fees for those
persons shall be governed by the provisions of section 60.30 of this
article.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.
10. The provisions of this section shall apply to sentences imposed
upon a youthful offender finding; provided, however that the court shall
not impose the sex offender registration fee, DNA databank fee or
supplemental sex offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted with a
youthful offender finding.
(Repealed by L.2020 c.144 effective 08/24/20.)
NYSentencing