NY Penal L § 60.35 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 60 - Authorized Dispositions of Offenders 60.35 - Mandatory Surcharge, Sex Offender Registration Fee, DNA Databank Fee, Supplemental Sex Offender Victim Fee and Crime Victim Assistance Fee Required In

§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank           fee,  supplemental  sex  offender  victim fee and crime victim           assistance fee required in certain cases.   1. (a) Except as provided in section  eighteen  hundred  nine  of  the vehicle  and  traffic law and section 27.12 of the parks, recreation and historic preservation law, whenever  proceedings  in  an  administrative tribunal or a court of this state result in a conviction for a felony, a misdemeanor, or a violation, as these terms are defined in section 10.00 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory surcharge, sex offender registration fee, DNA databank fee and  a  crime victim  assistance fee in addition to any sentence required or permitted by law, in accordance with the following schedule:  (i) a person convicted of a felony shall pay a mandatory surcharge  of three  hundred  dollars and a crime victim assistance fee of twenty-five dollars;  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory surcharge  of  one  hundred  seventy-five  dollars  and  a  crime victim assistance fee of twenty-five dollars;  (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory surcharge  of  ninety-five  dollars and a crime victim assistance fee of twenty-five dollars;  (iv) a person convicted of a sex offense as defined by subdivision two of section one hundred sixty-eight-a of the correction law or a sexually violent offense as defined by subdivision three of section  one  hundred sixty-eight-a  of  the  correction law shall, in addition to a mandatory surcharge  and  crime  victim  assistance  fee,  pay  a   sex   offender registration fee of fifty dollars.  (v)  a  person  convicted  of  a  designated  offense  as  defined  by subdivision seven of section nine hundred ninety-five of  the  executive law  shall,  in  addition  to  a  mandatory  surcharge  and crime victim assistance fee, pay a DNA databank fee of fifty dollars.  (b) When the felony or misdemeanor conviction  in  subparagraphs  (i), (ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an offense contained in article one hundred thirty of this chapter,  incest in  the  third,  second  or  first degree as defined in sections 255.25, 255.26 and 255.27 of this chapter or an offense contained in article two hundred sixty-three of this chapter, the person convicted  shall  pay  a supplemental sex offender victim fee of one thousand dollars in addition to the mandatory surcharge and any other fee.   2.  Where  a  person  is convicted of two or more crimes or violations committed through a single  act  or  omission,  or  through  an  act  or omission which in itself constituted one of the crimes or violations and also  was  a  material  element  of  the other, the court shall impose a mandatory surcharge  and  a  crime  victim  assistance  fee,  and  where appropriate  a  supplemental sex offender victim fee, in accordance with the provisions of this section for the crime or violation which  carries the  highest  classification,  and  no other sentence to pay a mandatory surcharge, crime victim assistance  fee  or  supplemental  sex  offender victim  fee required by this section shall be imposed. Where a person is convicted of two or more sex offenses or sexually violent  offenses,  as defined   by   subdivisions   two  and  three  of  section  one  hundred sixty-eight-a of the correction law, committed through a single  act  or omission,  or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the  court shall  impose  only one sex offender registration fee. Where a person is convicted of two or more designated offenses, as defined by  subdivision seven  of  section  nine  hundred  ninety-five  of  the  executive  law, committed through a single  act  or  omission,  or  through  an  act  or  omission  which in itself constituted one of the offenses and also was a material element of the other, the  court  shall  impose  only  one  DNA databank fee.   3.  The  mandatory  surcharge,  sex  offender  registration  fee,  DNA databank fee, crime victim assistance fee, and supplemental sex offender victim fee provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that  rendered  the conviction.  Within the first ten days of the month following collection of  the  mandatory  surcharge,  crime   victim   assistance   fee,   and supplemental  sex  offender  victim  fee, the collecting authority shall determine the amount of mandatory  surcharge,  crime  victim  assistance fee, and supplemental sex offender victim fee collected and, if it is an administrative  tribunal,  or  a town or village justice court, it shall then pay such money to the state  comptroller  who  shall  deposit  such money  in  the state treasury pursuant to section one hundred twenty-one of the  state  finance  law  to  the  credit  of  the  criminal  justice improvement  account established by section ninety-seven-bb of the state finance law. Within the first ten days of the month following collection of  the  sex  offender  registration  fee  and  DNA  databank  fee,  the collecting  authority  shall  determine  the  amount of the sex offender registration fee and DNA  databank  fee  collected  and,  if  it  is  an administrative  tribunal,  or  a town or village justice court, it shall then pay such money to the state  comptroller  who  shall  deposit  such money  in  the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of  the  general  fund.  If  such collecting  authority is any other court of the unified court system, it shall, within such period, pay such money attributable to the  mandatory surcharge  or  crime  victim assistance fee to the state commissioner of taxation and finance to the credit of the criminal  justice  improvement account established by section ninety-seven-bb of the state finance law. If  such  collecting  authority  is any other court of the unified court system, it shall, within such period, pay such money attributable to the sex offender registration fee and the DNA  databank  fee  to  the  state commissioner of taxation and finance to the credit of the general fund.   4.  Any  person  who  has  paid  a  mandatory  surcharge, sex offender registration fee, DNA databank fee, a crime victim assistance fee  or  a supplemental sex offender victim fee under the authority of this section based  upon  a  conviction  that  is subsequently reversed or who paid a mandatory surcharge, sex offender registration fee, DNA databank fee,  a crime  victim  assistance  fee  or  supplemental sex offender victim fee under the authority of this section which is ultimately  determined  not to  be  required  by  this section shall be entitled to a refund of such mandatory surcharge, sex offender registration fee,  DNA  databank  fee, crime victim assistance fee or supplemental sex offender victim fee upon application,  in  the  case  of  a  town  or village court, to the state comptroller. The state  comptroller  shall  require  such  proof  as  is necessary  in order to determine whether a refund is required by law. In all other cases, such application  shall  be  made  to  the  department, agency  or  court that collected such surcharge or fee. Such department, agency or  court  shall  initiate  the  refund  process  and  the  state comptroller  shall  pay  the  refund  pursuant to subdivision fifteen of section eight of the state finance law.   * 5. (a) When a person who is convicted of a crime  or  violation  and sentenced  to  a  term  of  imprisonment has failed to pay the mandatory surcharge, sex offender registration fee, DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee required by  this section,  the  clerk  of  the  court  that rendered the conviction shall notify the superintendent or the  municipal  official  of  the  facility  where  the  person  is  confined.  The  superintendent  or the municipal official shall cause any amount owing to be collected from  such  person during  his  or her term of imprisonment from moneys to the credit of an incarcerated  individuals'  fund  or  such  moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the  correction  law.  Such  moneys  attributable  to  the  mandatory surcharge or crime victim assistance fee shall be paid over to the state comptroller  to  the  credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law and such moneys attributable to the sex offender registration fee or DNA databank fee shall be paid over to the state comptroller to  the  credit  of  the general   fund,   except  that  any  such  moneys  collected  which  are surcharges, sex offender registration fees,  DNA  databank  fees,  crime victim  assistance  fees or supplemental sex offender victim fees levied in relation to convictions obtained in a town or village  justice  court shall  be  paid  within  thirty  days  after  the receipt thereof by the superintendent or municipal official of the facility to the  justice  of the  court  in  which  the  conviction was obtained. For the purposes of collecting such mandatory surcharge, sex offender registration fee,  DNA databank fee, crime victim assistance fee, and supplemental sex offender victim  fee,  the  state  shall  be legally entitled to the money to the credit of an incarcerated individuals' fund or money which is earned  by an  incarcerated  individual  in a work release program. For purposes of this subdivision, the term "incarcerated individuals' fund"  shall  mean moneys  in  the  possession of an incarcerated individual at the time of his or her admission into such facility, funds earned by him or  her  as provided  for  in section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her  behalf  and deposited with such superintendent or municipal official.  (b)  The  incarceration fee provided for in subdivision two of section one hundred eighty-nine of the correction law shall not be  assessed  or collected  if  any  order  of restitution or reparation, fine, mandatory surcharge, sex offender registration fee, DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee  remains  unpaid. In  such  circumstances,  any monies which may lawfully be withheld from the compensation paid to a prisoner for work performed while housed in a general confinement facility in satisfaction of such an obligation shall first be applied toward satisfaction of such obligation.   * NB Effective until September 1, 2023   * 5. When a person who is  convicted  of  a  crime  or  violation  and sentenced  to  a  term  of  imprisonment has failed to pay the mandatory surcharge, sex offender registration fee, DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee required by  this section,  the  clerk  of  the  court  that rendered the conviction shall notify the superintendent or the  municipal  official  of  the  facility where  the  person  is  confined.  The  superintendent  or the municipal official shall cause any amount owing to be collected from  such  person during  his  or her term of imprisonment from moneys to the credit of an incarcerated individuals' fund or such moneys as  may  be  earned  by  a person in a work release program pursuant to section eight hundred sixty of  the  correction  law.  Such  moneys  attributable  to  the mandatory surcharge or crime victim assistance fee shall be paid over to the state comptroller to the credit of the criminal  justice  improvement  account established by section ninety-seven-bb of the state finance law and such moneys attributable to the sex offender registration fee or DNA databank fee  shall  be  paid  over to the state comptroller to the credit of the general  fund,  except  that  any  such  moneys  collected   which   are surcharges,  sex  offender  registration  fees, DNA databank fees, crime  victim assistance fees or supplemental sex offender victim  fees  levied in  relation  to convictions obtained in a town or village justice court shall be paid within thirty  days  after  the  receipt  thereof  by  the superintendent  or  municipal official of the facility to the justice of the court in which the conviction was  obtained.  For  the  purposes  of collecting  such mandatory surcharge, sex offender registration fee, DNA databank fee, crime victim assistance fee and supplemental sex  offender victim  fee,  the  state  shall  be legally entitled to the money to the credit of an incarcerated individuals' fund or money which is earned  by an  incarcerated  individual  in a work release program. For purposes of this subdivision, the term "incarcerated individuals' fund"  shall  mean moneys  in  the  possession of an incarcerated individual at the time of his or her admission into such facility, funds earned by him or  her  as provided  for  in section one hundred eighty-seven of the correction law and any other funds received by him or her or on his or her  behalf  and deposited with such superintendent or municipal official.   * NB Effective September 1, 2023   6. Notwithstanding any other provision of this section, where a person has  made  restitution  or  reparation pursuant to section 60.27 of this article, such person shall not be required to pay a mandatory  surcharge or a crime victim assistance fee.   7.  Notwithstanding the provisions of subdivision one of section 60.00 of this article, the provisions of subdivision one of this section shall not apply to a violation under any law other than this chapter.   8. Subdivision one of section 130.10 of  the  criminal  procedure  law notwithstanding,  at the time that the mandatory surcharge, sex offender registration fee or DNA databank fee, crime  victim  assistance  fee  or supplemental  sex offender victim fee is imposed a town or village court may, and all other courts shall, issue and cause to be served  upon  the person   required   to   pay   the  mandatory  surcharge,  sex  offender registration fee or DNA databank fee, crime  victim  assistance  fee  or supplemental  sex  offender  victim  fee,  a summons directing that such person appear before the court regarding the payment  of  the  mandatory surcharge,  sex  offender  registration  fee  or DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee, if  after sixty  days  from  the  date  it  was  imposed  it  remains  unpaid. The designated date of appearance on the summons shall be set for the  first day  court  is  in  session  falling  after  the  sixtieth  day from the imposition of the mandatory surcharge, sex offender registration fee  or DNA  databank  fee,  crime  victim  assistance  fee  or supplemental sex offender victim fee. The summons shall contain the information  required by  subdivision  two  of  section  130.10  of the criminal procedure law except that in substitution for the requirement of paragraph (c) of such subdivision the summons shall state that the person served  must  appear at  a date, time and specific location specified in the summons if after sixty days from the  date  of  issuance  the  mandatory  surcharge,  sex offender  registration  fee or DNA databank fee, crime victim assistance fee or supplemental sex offender victim fee remains  unpaid.  The  court shall  not  issue  a  summons  under this subdivision to a person who is being sentenced to a term of confinement in excess of sixty days in jail or in the department  of  corrections  and  community  supervision.  The mandatory  surcharges,  sex  offender  registration fee and DNA databank fees, crime victim assistance fees and supplemental sex offender  victim fees  for  those  persons shall be governed by the provisions of section 60.30 of this article.   9. Notwithstanding the provisions of subdivision one of this  section, in  the  event  a  proceeding  is in a town or village court, such court  shall add an additional five dollars to the surcharges imposed  by  such subdivision one.