2023 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.
(c) If a corporation is found guilty of an offense involving the death
or  serious  physical injury of an employee in violation of subparagraph
(iv) of paragraph (c) of  subdivision  two  of  section  20.20  of  this
chapter,  the court may order restitution or reparation in excess of the
amounts specified in paragraphs (a) and (b) of this subdivision.
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.