2006 New York Code - Collection Of Fines, Restitution Or Reparation.

 
  § 420.10 Collection of fines, restitution or reparation.
    1.  Alternative methods of payment. When the court imposes a fine upon
  an individual, it shall designate the official other than  the  district
  attorney  to  whom  payment  is to be remitted.   When the court imposes
  restitution  or  reparation  and  requires  that  the  defendant  pay  a
  designated  surcharge  thereon pursuant to the provisions of subdivision
  eight of section 60.27 of the penal law, it shall designate the official
  or organization other than the district attorney, selected  pursuant  to
  subdivision  eight  of  this section, to whom payment is to be remitted.
  (a) The court may direct:
    (i) That the defendant pay the entire amount at the time  sentence  is
  pronounced;
    (ii) That the defendant pay the entire amount at some later date; or
    (iii)  That  the  defendant  pay  a  specified  portion  at designated
  periodic intervals.
    (b) When the court imposes both (i) a fine  and  (ii)  restitution  or
  reparation  and such designated surcharge upon an individual and imposes
  a schedule of payments, the court shall  also  direct  that  payment  of
  restitution  or  reparation  and such designated surcharge take priority
  over the payment of the fine.
    (c) Where the defendant is sentenced to a period of probation as  well
  as  a fine, restitution or reparation and such designated surcharge, the
  court may direct that payment of the fine, restitution or reparation and
  such designated surcharge be a condition of the sentence.
    (d) When a court requires that  restitution  or  reparation  and  such
  designated  surcharge  be  made it must direct that notice be given to a
  person or persons to whom it is to be paid of the conditions under which
  it is to be remitted; the name and address of  the  public  official  or
  organization  to  whom  it  is to be remitted for payment and the amount
  thereof; and the availability of civil proceedings for collection  under
  subdivision  six of this section. An official or organization designated
  to receive payment under this subdivision must report to the  court  any
  failure  to  comply with the order and shall cooperate with the district
  attorney pursuant to his responsibilities under subdivision six of  this
  section.
    (e)  Where cash bail has been posted by the defendant as the principal
  and is not forfeited or assigned, the court at its discretion may  order
  that  bail  be  applied  toward  payment  of any order of restitution or
  reparation or fine. If the court so orders, the bail proceeds  shall  be
  applied  to  payment  first of the restitution or reparation and then of
  the fine.
    2. Death  of  victim.  In  the  event  that  the  individual  to  whom
  restitution or reparation is to be made dies prior to completion of said
  restitution  or  reparation, the remaining payments shall be made to the
  estate of the deceased.
    3. Imprisonment for failure to pay. Where the court  imposes  a  fine,
  restitution  or  reparation,  the  sentence  may  provide  that  if  the
  defendant fails to pay the fine, restitution or reparation in accordance
  with the direction of the court, the defendant must be imprisoned  until
  the  fine, restitution or reparation is satisfied. Such provision may be
  added at the time sentence is pronounced or at any later date while  the
  fine,  restitution  or  reparation  or  any part thereof remains unpaid;
  provided, however, that if the provision is added at a  time  subsequent
  to  the  pronouncement  of  sentence  the  defendant  must be personally
  present when it is added. In any case where the defendant fails to pay a
  fine, restitution or reparation  as  directed  the  court  may  issue  a
  warrant  directing  a  peace  officer,  acting  pursuant  to his special
  duties, or a police officer, to take him  into  custody  and  bring  him
  before  the  court; provided, however, if the court in which the warrant
  is returnable is a city, town or village court, and such  court  is  not
  available,  and  the  warrant  is  addressed  to  a police officer, such
  executing  police  officer  must  without  unnecessary  delay  bring the
  defendant before an alternate  local  criminal  court,  as  provided  in
  subdivision  five  of section 120.90 of this chapter; or if the court in
  which the warrant is returnable is a superior court, and such  court  is
  not  available,  and  the warrant is addressed to a police officer, such
  executing  police  officer  may  bring  the  defendant  to   the   local
  correctional  facility  of  the  county  in which such court sits, to be
  detained there until not later than the commencement of the next session
  of such court occurring on the next business day.  Such warrant may also
  be delegated in the same manner as a warrant pursuant to section  530.70
  of  this  chapter.  Where  a  sentence  provides  that  the defendant be
  imprisoned for failure to  pay  a  fine,  the  court  shall  advise  the
  defendant  that if he is unable to pay such fine, he has a right, at any
  time, to apply to the court to be resentenced as provided in subdivision
  five of this section.
    4. Period of imprisonment. When the court directs that  the  defendant
  be imprisoned until the fine, restitution or reparation be satisfied, it
  must  specify  a maximum period of imprisonment subject to the following
  limits:
    (a) Where the fine, restitution or reparation is imposed for a felony,
  the period may not exceed one year;
    (b) Where the  fine,  restitution  or  reparation  is  imposed  for  a
  misdemeanor,  the  period  may  not  exceed  one-third  of  the  maximum
  authorized term of imprisonment;
    (c) Where the fine, restitution or reparation is imposed for  a  petty
  offense, the period may not exceed fifteen days; and
    (d) Where a sentence of imprisonment as well as a fine, restitution or
  reparation  is  imposed, the aggregate of the period and the term of the
  sentence may not exceed the maximum authorized term of imprisonment.
    (e) Jail time and good behavior time shall  be  credited  against  the
  full  period of imprisonment, if served, as provided in section 70.30 of
  the penal law for definite sentences.
    5. Application for resentence. In any  case  where  the  defendant  is
  unable to pay a fine, restitution or reparation imposed by the court, he
  may  at any time apply to the court for resentence. In such case, if the
  court is satisfied that  the  defendant  is  unable  to  pay  the  fine,
  restitution or reparation it must:
    (a) Adjust the terms of payment; or
    (b) Lower the amount of the fine, restitution or reparation; or
    (c)  Where  the  sentence  consists of probation or imprisonment and a
  fine, restitution or reparation, revoke  the  portion  of  the  sentence
  imposing the fine, restitution or reparation; or
    (d)  Revoke  the entire sentence imposed and resentence the defendant.
  Upon such resentence the court may impose  any  sentence  it  originally
  could  have  imposed, except that the amount of any fine, restitution or
  reparation imposed may not be in excess of the amount the  defendant  is
  able to pay.
    In  any case where the defendant applies for resentencing with respect
  to any condition of the sentence relating to restitution  or  reparation
  the  court  must  order that notice of such application and a reasonable
  opportunity to be heard be given to the person or persons  given  notice
  pursuant  to  subdivision  one  of this section. If the court grants the
  defendant's application by changing the original order  for  restitution
  or  reparation  in any manner, the court must place the reasons therefor
  on the record.
    For the purposes of this subdivision, the court  shall  not  determine
  that  the defendant is unable to pay the fine, restitution or reparation
  ordered solely because  of  such  defendant's  incarceration  but  shall
  consider  all  the  defendant's  sources  of  income  including, but not
  limited  to,  moneys  in  the possession of an inmate at the time of his
  admission into such facility, funds earned by  him  in  a  work  release
  program  as  defined in subdivision four of section one hundred fifty of
  the correction law, 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  the  superintendent  or  the
  municipal official of the facility where the person is confined.
    6.  Civil  proceeding  for  collection.  (a)  A  fine,  restitution or
  reparation imposed or directed by the court shall be imposed or directed
  by a written order of the court containing the amount  thereof  required
  to  be  paid  by  the defendant. The court's order also shall direct the
  district attorney to file a certified copy of such order with the county
  clerk of the county in which the court is situate except where the court
  which issues such order is the supreme court in  which  case  the  order
  itself  shall  be  filed  by the clerk of the court acting in his or her
  capacity as the county clerk  of  the  county  in  which  the  court  is
  situate.  Such  order  shall  be entered by the county clerk in the same
  manner as a judgment in a civil action in  accordance  with  subdivision
  (a)  of  rule five thousand sixteen of the civil practice law and rules.
  Even if the defendant was imprisoned  for  failure  to  pay  such  fine,
  restitution  or  reparation,  or  has  served the period of imprisonment
  imposed, such order after entry thereof pursuant to this subdivision may
  be collected in the same manner as a judgment in a civil action  by  the
  victim, as defined in paragraph (b) of subdivision four of section 60.27
  of  the  penal  law, to whom restitution or reparation was ordered to be
  paid, the estate of such person or the district attorney.   The  entered
  order  shall  be  deemed  to  constitute  a  judgment-roll as defined in
  section five thousand seventeen of the civil practice law and rules  and
  immediately  after entry of the order, the county clerk shall docket the
  entered order as a money judgment  pursuant  to  section  five  thousand
  eighteen  of  such  law  and  rules.  Wherever appropriate, the district
  attorney shall file a transcript of the docket of the judgment with  the
  clerk of any other county of the state. Such a restitution or reparation
  order,  when  docketed  shall  be a first lien upon all real property in
  which the defendant thereafter acquires an interest,  having  preference
  over  all  other liens, security interests, and encumbrances whatsoever,
  except:
    (i) a lien or interest running to the benefit of the government of the
  United States or the state of New York, or any political subdivision  or
  public benefit corporation thereof; or
    (ii) a purchase money interest in any property.
    (b)  The  district  attorney  may, in his or her discretion, and must,
  upon order of the court, institute proceedings  to  collect  such  fine,
  restitution or reparation.
    7.  Undisbursed  restitution  payments.  Where  a  court requires that
  restitution or reparation be  made  by  a  defendant,  the  official  or
  organization to whom payments are to be remitted pursuant to subdivision
  one  of  this  section  may  place  such payments in an interest-bearing
  account. The interest accrued and  any  undisbursed  payments  shall  be
  designated  for  the  payment  of  restitution orders that have remained
  unsatisfied for the longest period of time. For  the  purposes  of  this
  subdivision,  the  term  "undisbursed  restitution  payments" shall mean
  those payments which have been remitted by a defendant but not disbursed
  to the intended beneficiary and such payment has gone  unclaimed  for  a
  period  of  one year and the location of the intended beneficiary cannot
  be ascertained by such official or organization after  using  reasonable
  efforts.
    8.  Designation  of restitution agency. (a) The chief elected official
  in each county, and in the city of New York the mayor,  shall  designate
  an  official  or  organization  other  than  the district attorney to be
  responsible for the collection and  administration  of  restitution  and
  reparation  payments under provisions of the penal law and this chapter;
  provided, however, that  where  the  state  division  of  probation  and
  correctional  alternatives  provides for and delivers probation services
  pursuant to the provisions of section two  hundred  forty-seven  of  the
  executive   law   the  state  division  of  probation  and  correctional
  alternatives shall have the first option of designating such  agency  as
  the  restitution  agency  for such county. This official or organization
  shall  be  eligible  for  the  designated  surcharge  provided  for   by
  subdivision eight of section 60.27 of the penal law.
    (b)  The  restitution  agency,  as designated by paragraph (a) of this
  subdivision, shall be responsible  for  the  collection  of  data  on  a
  monthly basis regarding the numbers of restitution and reparation orders
  issued,  the  numbers of satisfied restitution and reparation orders and
  information concerning the types of crimes for which  such  orders  were
  required.  A  probation  department designated as the restitution agency
  shall then forward  such  information  to  the  director  of  the  state
  division of probation and correctional alternatives within the first ten
  days following the end of each month who shall transmit such information
  to  the  division  of  criminal justice services. In all other cases the
  restitution agency shall report to  the  division  of  criminal  justice
  services  directly.  The  division  of  criminal  justice services shall
  compile and review all such  information  and  make  recommendations  to
  promote the use of restitution and encourage its enforcement.