NY Gen Mun L § 99-M (2021)
2021 New York Laws GMU - General Municipal Article 5 - 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.