N.Y. CPL Law § 420.10 — New York Code / Act CPL / Part 2 / Title L / Article 420 / Section 420.10
Collection of fines, restitution or reparation
Status: in_force

§ 420.10 Collection of fines, restitution or reparation.\n  1. Alternative methods of payment. When the court imposes a fine upon\nan individual, it shall designate the official other than the district\nattorney to whom payment is to be remitted. When the court imposes\nrestitution or reparation and requires that the defendant pay a\ndesignated surcharge thereon pursuant to the provisions of subdivision\neight of section 60.27 of the penal law, it shall designate the official\nor organization other than the district attorney, selected pursuant to\nsubdivision eight of this section, to whom payment is to be remitted.\n(a) The court may direct:\n  (i) That the defendant pay the entire amount at the time sentence is\npronounced;\n  (ii) That the defendant pay the entire amount at some later date; or\n  (iii) That the defendant pay a specified portion at designated\nperiodic intervals.\n  (b) When the court imposes both (i) a fine and (ii) restitution or\nreparation and such designated surcharge upon an individual and imposes\na schedule of payments, the court shall also direct that payment of\nrestitution or reparation and such designated surcharge take priority\nover the payment of the fine.\n  (c) Where the defendant is sentenced to a period of probation as well\nas a fine, restitution or reparation and such designated surcharge, the\ncourt may direct that payment of the fine, restitution or reparation and\nsuch designated surcharge be a condition of the sentence.\n  (d) When a court requires that restitution or reparation and such\ndesignated surcharge be made it must direct that notice be given to a\nperson or persons to whom it is to be paid of the conditions under which\nit is to be remitted; the name and address of the public official or\norganization to whom it is to be remitted for payment and the amount\nthereof; and the availability of civil proceedings for collection under\nsubdivision six of this section. An official or organization designated\nto receive payment under this subdivision must report to the court any\nfailure to comply with the order and shall cooperate with the district\nattorney pursuant to his responsibilities under subdivision six of this\nsection.\n  (e) Where cash bail has been posted by the defendant as the principal\nand is not forfeited or assigned, the court at its discretion may order\nthat bail be applied toward payment of any order of restitution or\nreparation or fine. If the court so orders, the bail proceeds shall be\napplied to payment first of the restitution or reparation and then of\nthe fine.\n  2. Death of victim. In the event that the individual to whom\nrestitution or reparation is to be made dies prior to completion of said\nrestitution or reparation, the remaining payments shall be made to the\nestate of the deceased.\n  3. Imprisonment for failure to pay. Where the court imposes a fine,\nrestitution or reparation, the sentence may provide that if the\ndefendant fails to pay the fine, restitution or reparation in accordance\nwith the direction of the court, the defendant must be imprisoned until\nthe fine, restitution or reparation is satisfied. Such provision may be\nadded at the time sentence is pronounced or at any later date while the\nfine, restitution or reparation or any part thereof remains unpaid;\nprovided, however, that if the provision is added at a time subsequent\nto the pronouncement of sentence the defendant must be personally\npresent when it is added. In any case where the defendant fails to pay a\nfine, restitution or reparation as directed the court may issue a\nwarrant directing a peace officer, acting pursuant to his special\nduties, or a police officer, to take him into custody and bring him\nbefore the court; provided, however, if the court in which the warrant\nis returnable is a city, town or village court, and such court is not\navailable, and the warrant is addressed to a police officer, such\nexecuting police officer must without unnecessary delay bring the\ndefendant before an alternate local criminal court, as provided in\nsubdivision five of section 120.90 of this chapter; or if the court in\nwhich the warrant is returnable is a superior court, and such court is\nnot available, and the warrant is addressed to a police officer, such\nexecuting police officer may bring the defendant to the local\ncorrectional facility of the county in which such court sits, to be\ndetained there until not later than the commencement of the next session\nof such court occurring on the next business day. Such warrant may also\nbe delegated in the same manner as a warrant pursuant to section 530.70\nof this chapter. Where a sentence provides that the defendant be\nimprisoned for failure to pay a fine, the court shall advise the\ndefendant that if he is unable to pay such fine, he has a right, at any\ntime, to apply to the court to be resentenced as provided in subdivision\nfive of this section.\n  4. Period of imprisonment. When the court directs that the defendant\nbe imprisoned until the fine, restitution or reparation be satisfied, it\nmust specify a maximum period of imprisonment subject to the following\nlimits:\n  (a) Where the fine, restitution or reparation is imposed for a felony,\nthe period may not exceed one year;\n  (b) Where the fine, restitution or reparation is imposed for a\nmisdemeanor, the period may not exceed one-third of the maximum\nauthorized term of imprisonment;\n  (c) Where the fine, restitution or reparation is imposed for a petty\noffense, the period may not exceed fifteen days; and\n  (d) Where a sentence of imprisonment as well as a fine, restitution or\nreparation is imposed, the aggregate of the period and the term of the\nsentence may not exceed the maximum authorized term of imprisonment.\n  (e) Jail time and good behavior time shall be credited against the\nfull period of imprisonment, if served, as provided in section 70.30 of\nthe penal law for definite sentences.\n  5. Application for resentence. In any case where the defendant is\nunable to pay a fine, restitution or reparation imposed by the court, he\nmay at any time apply to the court for resentence. In such case, if the\ncourt is satisfied that the defendant is unable to pay the fine,\nrestitution or reparation it must:\n  (a) Adjust the terms of payment; or\n  (b) Lower the amount of the fine, restitution or reparation; or\n  (c) Where the sentence consists of probation or imprisonment and a\nfine, restitution or reparation, revoke the portion of the sentence\nimposing the fine, restitution or reparation; or\n  (d) Revoke the entire sentence imposed and resentence the defendant.\nUpon such resentence the court may impose any sentence it originally\ncould have imposed, except that the amount of any fine, restitution or\nreparation imposed may not be in excess of the amount the defendant is\nable to pay.\n  In any case where the defendant applies for resentencing with respect\nto any condition of the sentence relating to restitution or reparation\nthe court must order that notice of such application and a reasonable\nopportunity to be heard be given to the person or persons given notice\npursuant to subdivision one of this section. If the court grants the\ndefendant's application by changing the original order for restitution\nor reparation in any manner, the court must place the reasons therefor\non the record.\n  For the purposes of this subdivision, the court shall not determine\nthat the defendant is unable to pay the fine, restitution or reparation\nordered solely because of such defendant's incarceration but shall\nconsider all the defendant's sources of income including, but not\nlimited to, moneys in the possession of an incarcerated individual at\nthe time of his or her admission into such facility, funds earned by him\nor her in a work release program as defined in subdivision four of\nsection one hundred fifty of the correction law, funds earned by him or\nher as provided for in section one hundred eighty-seven of the\ncorrection law and any other funds received by him or her or on his or\nher behalf and deposited with the superintendent or the municipal\nofficial of the facility where the person is confined.\n  6. Civil proceeding for collection. (a) A fine, restitution or\nreparation imposed or directed by the court shall be imposed or directed\nby a written order of the court containing the amount thereof required\nto be paid by the defendant. The court's order also shall direct the\ndistrict attorney to file a certified copy of such order with the county\nclerk of the county in which the court is situate except where the court\nwhich issues such order is the supreme court in which case the order\nitself shall be filed by the clerk of the court acting in his or her\ncapacity as the county clerk of the county in which the court is\nsituate. Such order shall be entered by the county clerk in the same\nmanner as a judgment in a civil action in accordance with subdivision\n(a) of rule five thousand sixteen of the civil practice law and rules.\nEven if the defendant was imprisoned for failure to pay such fine,\nrestitution or reparation, or has served the period of imprisonment\nimposed, such order after entry thereof pursuant to this subdivision may\nbe collected in the same manner as a judgment in a civil action by the\nvictim, as defined in paragraph (b) of subdivision four of section 60.27\nof the penal law, to whom restitution or reparation was ordered to be\npaid, the estate of such person or the district attorney. The entered\norder shall be deemed to constitute a judgment-roll as defined in\nsection five thousand seventeen of the civil practice law and rules and\nimmediately after entry of the order, the county clerk shall docket the\nentered order as a money judgment pursuant to section five thousand\neighteen of such law and rules. Wherever appropriate, the district\nattorney shall file a transcript of the docket of the judgment with the\nclerk of any other county of the state. Such a restitution or reparation\norder, when docketed shall be a first lien upon all real property in\nwhich the defendant thereafter acquires an interest, having preference\nover all other liens, security interests, and encumbrances whatsoever,\nexcept:\n  (i) a lien or interest running to the benefit of the government of the\nUnited States or the state of New York, or any political subdivision or\npublic benefit corporation thereof; or\n  (ii) a purchase money interest in any property.\n  (b) The district attorney may, in his or her discretion, and must,\nupon order of the court, institute proceedings to collect such fine,\nrestitution or reparation.\n  7. Undisbursed restitution payments. Where a court requires that\nrestitution or reparation be made by a defendant, the official or\norganization to whom payments are to be remitted pursuant to subdivision\none of this section may place such payments in an interest-bearing\naccount. The interest accrued and any undisbursed payments shall be\ndesignated for the payment of restitution orders that have remained\nunsatisfied for the longest period of time. For the purposes of this\nsubdivision, the term "undisbursed restitution payments" shall mean\nthose payments which have been remitted by a defendant but not disbursed\nto the intended beneficiary and such payment has gone unclaimed for a\nperiod of one year and the location of the intended beneficiary cannot\nbe ascertained by such official or organization after using reasonable\nefforts.\n  8. Designation of restitution agency. (a) The chief elected official\nin each county, and in the city of New York the mayor, shall designate\nan official or organization other than the district attorney to be\nresponsible for the collection and administration of restitution and\nreparation payments under provisions of the penal law and this chapter.\nThis official or organization shall be eligible for the designated\nsurcharge provided for by subdivision eight of section 60.27 of the\npenal law.\n  (b) The restitution agency, as designated by paragraph (a) of this\nsubdivision, shall be responsible for the collection of data on a\nmonthly basis regarding the numbers of restitution and reparation orders\nissued, the numbers of satisfied restitution and reparation orders and\ninformation concerning the types of crimes for which such orders were\nrequired. A probation department designated as the restitution agency\nshall then forward such information to the office of probation and\ncorrectional alternatives within the first ten days following the end of\neach month. In all other cases the restitution agency shall report to\nthe division of criminal justice services directly. The division of\ncriminal justice services shall compile and review all such information\nand make recommendations to promote the use of restitution and encourage\nits enforcement.\n