2012 New York Consolidated Laws
GMU - General Municipal
Article 5 - (70 - 99-W) POWERS, LIMITATIONS AND LIABILITIES
99-M - Cash bail and partially secured bail bond; fee for deposit of money.

 
    §  99-m. Cash bail and partially secured bail bond; fee for deposit of
  money. 1. When, pursuant to the provisions of title P  of  the  criminal
  procedure  law or the provisions of the family court act, a sum of money
  deposited in connection with a cash bail or  a  partially  secured  bail
  bond  is  received  by  a  court  or  other authorized public servant or
  agency, such money shall be deposited in the same manner as  may  be  by
  law  provided for the deposit of money generally received by such court,
  public servant or agency.  Except  as  otherwise  provided  herein,  the
  county  treasurer,  or,  in  the  city  of New York, the commissioner of
  finance, shall be entitled to a fee of two per centum of the  amount  of
  money  so  deposited and an additional fee of one per centum as provided
  in subdivision three of this section. Where  the  money  received  by  a
  state-paid  court  hereunder  is not deposited with any other officer or
  agency but is retained by the court, the clerk of such  court  shall  be
  entitled  to a fee of two per centum of the amount of money so retained,
  and an additional fee of one per centum to be disbursed as  provided  in
  subdivision  three  of this section. All fees collected hereunder by the
  clerk of a state-paid court shall be paid to the state  commissioner  of
  taxation  and  finance  on a monthly basis not later than ten days after
  the last day of each month. Except as otherwise  provided  by  an  order
  issued  pursuant  to  section 420.10 of the criminal procedure law, upon
  the exoneration or remission of the bail, the money so  deposited,  less
  such  fee,  shall, by order of the appropriate court, be refunded to the
  person who originally deposited such money. Upon a  termination  of  the
  criminal  action  or  proceeding  in favor of the accused, as defined in
  subdivision two of section 160.50 of the criminal procedure law, the two
  per centum fee so retained shall, by order of the appropriate court,  be
  refunded to the person who originally deposited such money.
    2.  A  town  or  village  court  shall be entitled to a fee of two per
  centum of  the  amount  of  bail  money  deposited  with  the  court  in
  connection  with  a  criminal  action or proceeding over which the court
  retains jurisdiction, other than an action or proceeding  in  which  the
  accusatory  instrument charges one or more traffic infractions only, and
  an additional fee of one per centum as provided herein. The  total  fees
  on  a sum of bail shall not, however, exceed three per centum and a town
  or village court shall not be entitled to  collect  such  fees  on  bail
  transferred to a superior court. All fees on bail collected by a town or
  village  court shall be paid to the state comptroller by the court on or
  before the tenth day of the  month  next  succeeding  their  collection,
  except  as provided in subdivision three of section ninety-nine-a of the
  state finance law. Two per centum of the bail moneys so collected  shall
  be  the property of the town or village in which the court reporting the
  same is located, and the additional one per centum of such  bail  moneys
  shall be disbursed as provided in subdivision three of this section, and
  shall  be  used  to  fund the alternatives to incarceration service plan
  approved pursuant to article thirteen-A of the  executive  law  for  the
  county in which the town or village is located.
    3. The county treasurer, or, in the city of New York, the commissioner
  of  finance, shall be entitled to an additional fee of one per centum of
  the money deposited pursuant  to  the  provisions  of  title  P  of  the
  criminal  procedure  law  or the provisions of the family court act, and
  shall deposit such money as an additional credit to the alternatives  to
  incarceration  service  plan  approved pursuant to article thirteen-A of
  the executive law for such city and each county outside of the  city  of
  New York.
    4.  The  additional  one  per  centum  fee  collected  pursuant to the
  provisions of this section shall not  be  used  to  decrease  any  money
  approved to fund the alternatives to incarceration service plan approved

  pursuant  to article thirteen-A of the executive law. Upon a termination
  of the criminal action  or  proceeding  in  favor  of  the  accused,  as
  provided  in subdivision two of section 160.50 of the criminal procedure
  law, the one per centum fee shall, by order of the appropriate court, be
  refunded to the person who originally deposited such money.