N.Y. PEN Law § 60.27 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.27
Restitution and reparation
Status: in_force

§ 60.27 Restitution and reparation.\n  1. In addition to any of the dispositions authorized by this article,\nthe court shall consider restitution or reparation to the victim of the\ncrime and may require restitution or reparation as part of the sentence\nimposed upon a person convicted of an offense, and after providing the\ndistrict attorney with an opportunity to be heard in accordance with the\nprovisions of this subdivision, require the defendant to make\nrestitution of the fruits of his or her offense or reparation for the\nactual out-of-pocket loss caused thereby and, in the case of a violation\nof section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any\ncosts or losses incurred due to any adverse action taken against the\nvictim. The district attorney shall where appropriate, advise the court\nat or before the time of sentencing that the victim seeks restitution or\nreparation, the extent of injury or economic loss or damage of the\nvictim, and the amount of restitution or reparation sought by the victim\nin accordance with his or her responsibilities under subdivision two of\nsection 390.50 of the criminal procedure law and article twenty-three of\nthe executive law. The court shall hear and consider the information\npresented by the district attorney in this regard. In that event, or\nwhen the victim impact statement reports that the victim seeks\nrestitution or reparation, the court shall require, unless the interests\nof justice dictate otherwise, in addition to any of the dispositions\nauthorized by this article that the defendant make restitution of the\nfruits of the offense and reparation for the actual out-of-pocket loss\nand, in the case of a violation of section 190.78, 190.79, 190.80,\n190.82 or 190.83 of this chapter, any costs or losses incurred due to\nany adverse action, caused thereby to the victim. In the event that\nrestitution or reparation are not ordered, the court shall clearly state\nits reasons on the record. Adverse action as used in this subdivision\nshall mean and include actual loss incurred by the victim, including an\namount equal to the value of the time reasonably spent by the victim\nattempting to remediate the harm incurred by the victim from the\noffense, and the consequential financial losses from such action.\n  2. Whenever the court requires restitution or reparation to be made,\nthe court must make a finding as to the dollar amount of the fruits of\nthe offense and the actual out-of-pocket loss to the victim caused by\nthe offense. In making this finding, the court must consider any victim\nimpact statement provided to the court. If the record does not contain\nsufficient evidence to support such finding or upon request by the\ndefendant, the court must conduct a hearing upon the issue in accordance\nwith the procedure set forth in section 400.30 of the criminal procedure\nlaw.\n  3. The provisions of sections 420.10, 420.20 and 420.30 of the\ncriminal procedure law shall apply in the collection and remission of\nrestitution and reparation.\n  4. For purposes of the imposition, determination and collection of\nrestitution or reparation, the following definitions shall apply:\n  (a) the term "offense" shall include the offense for which a defendant\nwas convicted, as well as any other offense that is part of the same\ncriminal transaction or that is contained in any other accusatory\ninstrument disposed of by any plea of guilty by the defendant to an\noffense.\n  (b) the term "victim" shall include the victim of the offense, the\nrepresentative of a crime victim as defined in subdivision six of\nsection six hundred twenty-one of the executive law, an individual whose\nidentity was assumed or whose personal identifying information was used\nin violation of section 190.78, 190.79 or 190.80 of this chapter, or any\nperson who has suffered a financial loss as a direct result of the acts\nof a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or\n190.83 of this chapter, a good samaritan as defined in section six\nhundred twenty-one of the executive law and the office of victim\nservices or other governmental agency that has received an application\nfor or has provided financial assistance or compensation to the victim.\nA victim shall also mean any owner or lawful producer of a master\nrecording, or a trade association that represents such owner or lawful\nproducer, that has suffered injury as a result of an offense as defined\nin article two hundred seventy-five of this chapter.\n  5. (a) Except upon consent of the defendant or as provided in\nparagraph (b) of this subdivision, or as a condition of probation or\nconditional discharge as provided in paragraph (g) of subdivision two of\nsection 65.10 of this chapter, the amount of restitution or reparation\nrequired by the court shall not exceed fifteen thousand dollars in the\ncase of a conviction for a felony, or ten thousand dollars in the case\nof a conviction for any offense other than a felony. Notwithstanding the\nprovisions of this subdivision, if an officer of a school district is\nconvicted of violating any section of article one hundred fifty-five of\nthis chapter where the victim of such crime is such officer's school\ndistrict, the court may require an amount of restitution up to the full\namount of the fruits of the offense or reparation up to the full amount\nof the actual out-of-pocket loss suffered by the victim, provided\nfurther that in such case the provisions of paragraph (b) of this\nsubdivision shall not apply.\n  (b) The court in its discretion may impose restitution or reparation\nin excess of the amounts specified in paragraph (a) of this subdivision,\nprovided however that the amount in excess must be limited to the return\nof the victim's property, including money, or the equivalent value\nthereof; and reimbursement for medical expenses actually incurred by the\nvictim prior to sentencing as a result of the offense committed by the\ndefendant.\n  (c) If a corporation is found guilty of an offense involving the death\nor serious physical injury of an employee in violation of subparagraph\n(iv) of paragraph (c) of subdivision two of section 20.20 of this\nchapter, the court may order restitution or reparation in excess of the\namounts specified in paragraphs (a) and (b) of this subdivision.\n  6. Any payment made as restitution or reparation pursuant to this\nsection shall not limit, preclude or impair any liability for damages in\nany civil action or proceeding for an amount in excess of such payment.\n  7. In the event that the court requires restitution or reparation to\nbe made to a person and that person dies prior to the completion of said\nrestitution or reparation, the remaining payments shall be made to the\nestate of the deceased.\n  8. The court shall in all cases where restitution or reparation is\nimposed direct as part of the disposition that the defendant pay a\ndesignated surcharge of five percent of the entire amount of a\nrestitution or reparation payment to the official or organization\ndesignated pursuant to subdivision eight of section 420.10 of the\ncriminal procedure law. The designated surcharge shall not exceed five\npercent of the amount actually collected. Upon the filing of an\naffidavit of the official or organization designated pursuant to\nsubdivision eight of section 420.10 of the criminal procedure law\ndemonstrating that the actual cost of the collection and administration\nof restitution or reparation in a particular case exceeds five percent\nof the entire amount of the payment or the amount actually collected, as\nthe case may be, the court shall direct that the defendant pay an\nadditional surcharge of not more than five percent of the entire amount\nof a restitution or reparation payment to such official or organization,\nor the actual cost of collection or administration, whichever is less\nunless, upon application of the defendant, the court determines that\nimposition of such additional surcharge would cause undue hardship to\nthe defendant, or any other person who is financially supported by the\ndefendant, or would otherwise not be in the interest of justice. Such\nadditional surcharge, when added to the initial five percent surcharge,\nshall not exceed ten percent of the amount actually collected.\n  9. If the offense of which a person is convicted is a class A, class\nB, class C, or class D felony involving the sale of a controlled\nsubstance, as defined in article two hundred twenty of this chapter, and\nno other victim who is a person is seeking restitution in the case, the\nterm "victim" as used in this section, in addition to its ordinary\nmeaning, shall mean any law enforcement agency of the state of New York\nor of any subdivision thereof which has expended funds in the purchase\nof any controlled substance from such person or his agent as part of the\ninvestigation leading to such conviction. Any restitution which may be\nrequired to be made to a law enforcement agency pursuant to this section\nshall be limited to the amount of funds expended in the actual purchase\nof such controlled substance by such law enforcement agency, less the\namount of any funds which have been or will be recovered from any other\nsource, and shall not include a designated surcharge pursuant to\nsubdivision eight of this section. Any law enforcement agency seeking\nrestitution pursuant to this section shall file with the court and the\ndistrict attorney an affidavit stating that funds expended in the actual\npurchase of a controlled substance for which restitution is being sought\nhave not been and will not be recovered from any other source or in any\nother civil or criminal proceeding. Any law enforcement agency receiving\nrestitution pursuant to this section shall promptly transmit to the\ncommissioner of the division of criminal justice services a report\nstating the dollar amount of the restitution received.\n  10. If the offense of which a person is convicted is defined in\nsection 150.10, 150.15 or 150.20 of this chapter, and no other victim\nwho is a person is seeking restitution in the case, the term "victim" as\nused in this section, in addition to its ordinary meaning, shall mean\nany municipality or volunteer fire company which has expended funds or\nwill expend funds for the purpose of restoration, rehabilitation or\nclean-up of the site of the arson. Any restitution which may be required\nto be made to a municipality or volunteer fire company pursuant to this\nsection shall be limited to the amount of funds reasonably expended or\nto be expended for the purpose of restoration, rehabilitation or\nclean-up of the site of the arson, less the amount of any funds which\nhave been or will be recovered from any other source, and shall not\ninclude a designated surcharge pursuant to subdivision eight of this\nsection. Any municipality or volunteer fire company seeking restitution\npursuant to this section shall file with the court, district attorney\nand defense counsel an affidavit stating that the funds reasonably\nexpended or to be expended for which restitution is being sought have\nnot been and will not be recovered from any other source or in any other\ncivil or criminal proceeding. For the purposes of this subdivision,\n"volunteer fire company" means a fire company as defined in paragraph a\nof subdivision two of section one hundred of the general municipal law.\n  11. Notwithstanding any other provision of this section to the\ncontrary, when a person is convicted of harming an animal trained to aid\na person with a disability in the second degree as defined in section\n195.11 of this chapter, or harming an animal trained to aid a person\nwith a disability in the first degree as defined in section 195.12 of\nthis chapter, the court, in addition to any other sentence, shall order\nthe payment of restitution to the person with a disability who was aided\nby such animal.\n  12. If the offense of which a person is convicted is defined in\nsection 155.25, 155.30, 155.35, 155.40 or 155.42 of this chapter, and\nthe property taken is timber, the court may upon conviction, in addition\nto any other sentence, direct the defendant to pay the rightful owner of\nsuch timber an amount equal to treble the stumpage value of the timber\nstolen as defined in section 71-0703 of the environmental conservation\nlaw and for any permanent and substantial damage caused to the land or\nthe improvements thereon as a result of such violation. Such reparations\nshall be of such kind, nature and extent as will reasonably restore the\nlands affected by the violation to their condition immediately before\nthe violation and may be made by physical restoration of such lands\nand/or by the assessment of monetary payment to make such restoration.\n  13. If the offense of which a person is convicted is defined in\nsection 240.50, subdivision one or two of section 240.55, section\n240.60, section 240.61, section 240.62 or section 240.63 of this\nchapter, and no other victim who is a person is seeking restitution in\nthe case, the term "victim" as used in this subdivision, in addition to\nthe ordinary meaning, shall mean any school, municipality, fire\ndistrict, fire company, fire corporation, ambulance association,\nambulance corporation, or other legal or public entity engaged in\nproviding emergency services which has expended funds for the purpose of\nresponding to a false report of an incident or false bomb as defined in\nsection 240.50, subdivision one or two of section 240.55, section\n240.60, section 240.61, section 240.62, or section 240.63 of this\nchapter. Any restitution which may be required to be made to a victim\npursuant to this subdivision shall be limited to the amount of funds\nreasonably expended for the purpose of responding to such false report\nof incident or false bomb, less the amount of any funds which have been\nor will be recovered from any other source and shall not include a\ndesignated surcharge pursuant to subdivision eight of this section. Any\nvictim seeking restitution pursuant to this subdivision shall file with\nthe court, district attorney and defense counsel an affidavit stating\nthat the funds reasonably expended for which restitution is being sought\nhave not been and will not be recovered from any other source or in any\nother civil or criminal proceeding, except as provided for by section\n3-112 of the general obligations law.\n  14. Where a transfer of probation has occurred pursuant to section\n410.80 of the criminal procedure law and the probationer is subject to a\nrestitution condition, the department of probation in the county in\nwhich the order of restitution was imposed shall notify the appropriate\ndistrict attorney. Upon notification by the department of probation,\nsuch district attorney shall file a certified copy of the judgment with\nthe clerk of the county in the receiving jurisdiction for purposes of\nestablishing a first lien and to permit institution of civil proceedings\npursuant to the provisions of subdivision six of section 420.10 of the\ncriminal procedure law.\n