2006 New York Code - Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fee required in certain cases

 
  § 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
  two  hundred  fifty  dollars and a crime victim assistance fee of twenty
  dollars;
    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
  surcharge of one hundred forty dollars and a crime victim assistance fee
  of twenty dollars;
    (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
  surcharge of seventy-five dollars and a crime victim assistance  fee  of
  twenty 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
  as defined in section 255.25 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
  inmates'  fund  or  such  moneys  as may be earned by a person in a work
  release  program  pursuant  to  section  eight  hundred  sixty  of   the
  correction  law.  Such moneys attributable to the mandatory surcharge or
  crime victim assistance fee shall be paid over to the state  comptroller
  to the credit of the criminal justice improvement account established by
  section  ninety-seven-bb  of  the  state  finance  law  and  such moneys
  attributable  to  the  sex offender registration fee or DNA databank fee
  shall be paid over to the state comptroller to the credit of the general
  fund, except that any such moneys collected which  are  surcharges,  sex
  offender  registration  fees, DNA databank fees, 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
  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  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, 2007
    * 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
  inmates'  fund  or  such  moneys  as may be earned by a person in a work
  release  program  pursuant  to  section  eight  hundred  sixty  of   the
  correction  law.  Such moneys attributable to the mandatory surcharge or
  crime victim assistance fee shall be paid over to the state  comptroller
  to the credit of the criminal justice improvement account established by
  section  ninety-seven-bb  of  the  state  finance  law  and  such moneys
  attributable to the sex offender registration fee or  DNA  databank  fee
  shall be paid over to the state comptroller to the credit of the general
  fund,  except  that  any such moneys collected which are surcharges, sex
  offender registration fees, DNA databank fees, 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
  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 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, 2007
    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.