NY Penal L § 60.27 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 60 - Authorized Dispositions of Offenders 60.27 - Restitution and Reparation.

§ 60.27 Restitution and reparation.   1.  In addition to any of the dispositions authorized by this article, the court shall consider restitution or reparation to the victim of  the crime  and may require restitution or reparation as part of the sentence imposed upon a person convicted of an offense, and after  providing  the district attorney with an opportunity to be heard in accordance with the provisions   of   this   subdivision,  require  the  defendant  to  make restitution of the fruits of his or her offense or  reparation  for  the actual out-of-pocket loss caused thereby and, in the case of a violation of section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any costs  or  losses  incurred  due to any adverse action taken against the victim. The district attorney shall where appropriate, advise the  court at or before the time of sentencing that the victim seeks restitution or reparation,  the  extent  of  injury  or  economic loss or damage of the victim, and the amount of restitution or reparation sought by the victim in accordance with his or her responsibilities under subdivision two  of section 390.50 of the criminal procedure law and article twenty-three of the  executive  law.  The  court shall hear and consider the information presented by the district attorney in this regard.  In  that  event,  or when   the  victim  impact  statement  reports  that  the  victim  seeks restitution or reparation, the court shall require, unless the interests of justice dictate otherwise, in addition to  any  of  the  dispositions authorized  by  this  article that the defendant make restitution of the fruits of the offense and reparation for the actual  out-of-pocket  loss and,  in  the  case  of  a  violation of section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any costs or losses  incurred  due  to any  adverse  action,  caused  thereby  to the victim. In the event that restitution or reparation are not ordered, the court shall clearly state its reasons on the record. Adverse action as used  in  this  subdivision shall  mean and include actual loss incurred by the victim, including an amount equal to the value of the time reasonably  spent  by  the  victim attempting  to  remediate  the  harm  incurred  by  the  victim from the offense, and the consequential financial losses from such action.   2. Whenever the court requires restitution or reparation to  be  made, the  court  must make a finding as to the dollar amount of the fruits of the offense and the actual out-of-pocket loss to the  victim  caused  by the  offense. In making this finding, the court must consider any victim impact statement provided to the court. If the record does  not  contain sufficient  evidence  to  support  such  finding  or upon request by the defendant, the court must conduct a hearing upon the issue in accordance with the procedure set forth in section 400.30 of the criminal procedure law.   3. The provisions  of  sections  420.10,  420.20  and  420.30  of  the criminal  procedure  law  shall apply in the collection and remission of restitution and reparation.   4. For purposes of the imposition,  determination  and  collection  of restitution or reparation, the following definitions shall apply:  (a) the term "offense" shall include the offense for which a defendant was  convicted,  as  well  as any other offense that is part of the same criminal transaction or  that  is  contained  in  any  other  accusatory instrument  disposed  of  by  any  plea of guilty by the defendant to an offense.  (b) the term "victim" shall include the victim  of  the  offense,  the representative  of  a  crime  victim  as  defined  in subdivision six of section six hundred twenty-one of the executive law, an individual whose identity was assumed or whose personal identifying information was  used in violation of section 190.78, 190.79 or 190.80 of this chapter, or any person  who has suffered a financial loss as a direct result of the acts  of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, a good  samaritan  as  defined  in  section  six hundred  twenty-one  of  the  executive  law  and  the  office of victim services  or  other governmental agency that has received an application for or has provided financial assistance or compensation to the  victim. A  victim  shall  also  mean  any  owner  or lawful producer of a master recording, or a trade association that represents such owner  or  lawful producer,  that has suffered injury as a result of an offense as defined in article two hundred seventy-five of this chapter.   5. (a) Except  upon  consent  of  the  defendant  or  as  provided  in paragraph  (b)  of  this  subdivision, or as a condition of probation or conditional discharge as provided in paragraph (g) of subdivision two of section 65.10 of this chapter, the amount of restitution  or  reparation required  by  the court shall not exceed fifteen thousand dollars in the case of a conviction for a felony, or ten thousand dollars in  the  case of a conviction for any offense other than a felony. Notwithstanding the provisions  of  this  subdivision, if an officer of a school district is convicted of violating any section of article one hundred fifty-five  of this  chapter  where  the  victim of such crime is such officer's school district, the court may require an amount of restitution up to the  full amount  of the fruits of the offense or reparation up to the full amount of the actual  out-of-pocket  loss  suffered  by  the  victim,  provided further  that  in  such  case  the  provisions  of paragraph (b) of this subdivision shall not apply.  (b) The court in its discretion may impose restitution  or  reparation in excess of the amounts specified in paragraph (a) of this subdivision, provided however that the amount in excess must be limited to the return of  the  victim's  property,  including  money,  or the equivalent value thereof; and reimbursement for medical expenses actually incurred by the victim prior to sentencing as a result of the offense committed  by  the defendant.   6.  Any  payment  made  as  restitution or reparation pursuant to this section shall not limit, preclude or impair any liability for damages in any civil action or proceeding for an amount in excess of such payment.   7. In the event that the court requires restitution or  reparation  to be made to a person and that person dies prior to the completion of said restitution  or  reparation, the remaining payments shall be made to the estate of the deceased.   8. The court shall in all cases where  restitution  or  reparation  is imposed  direct  as  part  of  the  disposition that the defendant pay a designated  surcharge  of  five  percent  of  the  entire  amount  of  a restitution  or  reparation  payment  to  the  official  or organization designated pursuant to  subdivision  eight  of  section  420.10  of  the criminal  procedure  law. The designated surcharge shall not exceed five percent of  the  amount  actually  collected.  Upon  the  filing  of  an affidavit  of  the  official  or  organization  designated  pursuant  to subdivision eight of  section  420.10  of  the  criminal  procedure  law demonstrating  that the actual cost of the collection and administration of restitution or reparation in a particular case exceeds  five  percent of the entire amount of the payment or the amount actually collected, as the  case  may  be,  the  court  shall  direct that the defendant pay an additional surcharge of not more than five percent of the entire  amount of a restitution or reparation payment to such official or organization, or  the  actual  cost of collection or administration, whichever is less unless, upon application of the defendant,  the  court  determines  that imposition  of  such  additional surcharge would cause undue hardship to the defendant, or any other person who is financially supported  by  the defendant,  or  would  otherwise not be in the interest of justice. Such  additional surcharge, when added to the initial five percent  surcharge, shall not exceed ten percent of the amount actually collected.   9.  If  the offense of which a person is convicted is a class A, class B, class C, or class  D  felony  involving  the  sale  of  a  controlled substance, as defined in article two hundred twenty of this chapter, and no  other victim who is a person is seeking restitution in the case, the term "victim" as used in this  section,  in  addition  to  its  ordinary meaning,  shall mean any law enforcement agency of the state of New York or of any subdivision thereof which has expended funds in  the  purchase of any controlled substance from such person or his agent as part of the investigation  leading  to such conviction. Any restitution which may be required to be made to a law enforcement agency pursuant to this section shall be limited to the amount of funds expended in the actual  purchase of  such  controlled  substance by such law enforcement agency, less the amount of any funds which have been or will be recovered from any  other source,  and  shall  not  include  a  designated  surcharge  pursuant to subdivision eight of this section. Any law  enforcement  agency  seeking restitution  pursuant  to this section shall file with the court and the district attorney an affidavit stating that funds expended in the actual purchase of a controlled substance for which restitution is being sought have not been and will not be recovered from any other source or in  any other civil or criminal proceeding. Any law enforcement agency receiving restitution  pursuant  to  this  section  shall promptly transmit to the commissioner of the division  of  criminal  justice  services  a  report stating the dollar amount of the restitution received.   10.  If  the  offense  of  which  a  person is convicted is defined in section 150.10, 150.15 or 150.20 of this chapter, and  no  other  victim who is a person is seeking restitution in the case, the term "victim" as used  in  this  section, in addition to its ordinary meaning, shall mean any municipality or volunteer fire company which has expended  funds  or will  expend  funds  for  the  purpose of restoration, rehabilitation or clean-up of the site of the arson. Any restitution which may be required to be made to a municipality or volunteer fire company pursuant to  this section  shall  be limited to the amount of funds reasonably expended or to be  expended  for  the  purpose  of  restoration,  rehabilitation  or clean-up  of  the  site of the arson, less the amount of any funds which have been or will be recovered from any  other  source,  and  shall  not include  a  designated  surcharge  pursuant to subdivision eight of this section. Any municipality or volunteer fire company seeking  restitution pursuant  to  this  section shall file with the court, district attorney and defense counsel an  affidavit  stating  that  the  funds  reasonably expended  or  to  be expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding. For  the  purposes  of  this  subdivision, "volunteer  fire company" means a fire company as defined in paragraph a of subdivision two of section one hundred of the general municipal law.   11. Notwithstanding  any  other  provision  of  this  section  to  the contrary, when a person is convicted of harming an animal trained to aid a  person  with  a disability in the second degree as defined in section 195.11 of this chapter, or harming an animal trained  to  aid  a  person with  a  disability  in the first degree as defined in section 195.12 of this chapter, the court, in addition to any other sentence, shall  order the payment of restitution to the person with a disability who was aided by such animal.   12.  If  the  offense  of  which  a  person is convicted is defined in section 155.25, 155.30, 155.35, 155.40 or 155.42 of  this  chapter,  and the property taken is timber, the court may upon conviction, in addition to any other sentence, direct the defendant to pay the rightful owner of  such  timber  an amount equal to treble the stumpage value of the timber stolen as defined in section 71-0703 of the  environmental  conservation law  and  for any permanent and substantial damage caused to the land or the improvements thereon as a result of such violation. Such reparations shall  be of such kind, nature and extent as will reasonably restore the lands affected by the violation to their  condition  immediately  before the  violation  and  may  be  made by physical restoration of such lands and/or by the assessment of monetary payment to make such restoration.   13. If the offense of which  a  person  is  convicted  is  defined  in section  240.50,  subdivision  one  or  two  of  section 240.55, section 240.60, section  240.61,  section  240.62  or  section  240.63  of  this chapter,  and  no other victim who is a person is seeking restitution in the case, the term "victim" as used in this subdivision, in addition  to the   ordinary  meaning,  shall  mean  any  school,  municipality,  fire district,  fire  company,  fire  corporation,   ambulance   association, ambulance  corporation,  or  other  legal  or  public  entity engaged in providing emergency services which has expended funds for the purpose of responding to a false report of an incident or false bomb as defined  in section  240.50,  subdivision  one  or  two  of  section 240.55, section 240.60, section 240.61,  section  240.62,  or  section  240.63  of  this chapter.  Any  restitution  which may be required to be made to a victim pursuant to this subdivision shall be limited to  the  amount  of  funds reasonably  expended  for the purpose of responding to such false report of incident or false bomb, less the amount of any funds which have  been or  will  be  recovered  from  any  other source and shall not include a designated surcharge pursuant to subdivision eight of this section.  Any victim  seeking restitution pursuant to this subdivision shall file with the court, district attorney and defense counsel  an  affidavit  stating that the funds reasonably expended for which restitution is being sought have  not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided  for  by  section 3-112 of the general obligations law.   14.  Where  a  transfer  of probation has occurred pursuant to section 410.80 of the criminal procedure law and the probationer is subject to a restitution condition, the department of  probation  in  the  county  in which  the order of restitution was imposed shall notify the appropriate district attorney. Upon notification by  the  department  of  probation, such  district attorney shall file a certified copy of the judgment with the clerk of the county in the receiving jurisdiction  for  purposes  of establishing a first lien and to permit institution of civil proceedings pursuant  to  the provisions of subdivision six of section 420.10 of the criminal procedure law.