2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 420 - Fines, Restitution and Reparation › 420.35 - Mandatory Surcharge and Crime Victim Assistance Fee; Applicability to Sentences Mandating Payment of Fines.

§ 420.35 Mandatory   surcharge   and   crime   victim   assistance  fee;
applicability to sentences mandating payment of fines.
1. The provisions of section 420.10  of  this  article  governing  the
collection of fines and the provisions of section 420.40 of this article
governing  deferral  of  mandatory surcharges, sex offender registration
fees,  DNA  databank  fees  and  financial  hardship  hearings  and  the
provisions of section 430.20 of this chapter governing the commitment of
a defendant for failure to pay a fine shall be applicable to a mandatory
surcharge,  sex  offender registration fee, DNA databank fee and a crime
victim assistance fee imposed pursuant to  subdivision  one  of  section
60.35  of  the  penal law, subdivision twenty-a of section three hundred
eighty-five of the vehicle and traffic law,  subdivision  nineteen-a  of
section  four hundred one of the vehicle and traffic law, or a mandatory
surcharge imposed pursuant to  section  eighteen  hundred  nine  of  the
vehicle  and  traffic  law or section 27.12 of the parks, recreation and
historic preservation law. When the court directs that the defendant  be
imprisoned  until the mandatory surcharge, sex offender registration fee
or DNA databank fee is satisfied, it must specify a  maximum  period  of
imprisonment  not to exceed fifteen days; provided, however, a court may
not direct that a defendant be imprisoned until the mandatory surcharge,
sex offender registration fee, or  DNA  databank  fee  is  satisfied  or
otherwise  for  failure  to  pay  the  mandatory surcharge, sex offender
registration  fee  or  DNA  databank  fee  unless  the  court  makes   a
contemporaneous  finding on the record, after according defendant notice
and an opportunity to be  heard,  that  the  payment  of  the  mandatory
surcharge,  sex  offender  registration  fee  or  DNA  databank fee upon
defendant will not work an unreasonable hardship upon him or her or  his
or her immediate family.
2. Except as provided in this subdivision or subdivision two-a of this
section,  under  no  circumstances  shall  the  mandatory surcharge, sex
offender  registration  fee,  DNA  databank  fee  or  the  crime  victim
assistance  fee  be waived. A court shall waive any mandatory surcharge,
DNA databank fee and crime victim assistance fee when: (i) the defendant
is convicted of prostitution under section 230.00 of the penal law; (ii)
the defendant is convicted of a violation in the event  such  conviction
is  in  lieu  of  a plea to or conviction for prostitution under section
230.00 of the penal law; (iii) the court finds that  a  defendant  is  a
victim  of  sex  trafficking  under section 230.34 of the penal law or a
victim  of  trafficking  in  persons  under  the   trafficking   victims
protection  act  (United States Code, Title 22, Chapter 78); or (iv) the
court finds that the defendant is a victim of sex trafficking of a child
under section 230.34-a of the penal law.
2-a. A court may waive any mandatory surcharge, additional  surcharge,
town or village surcharge, the crime victim assistance fee, DNA databank
fee,  sex  offender  registration  fee  and/or supplemental sex offender
victim fee when the court finds that the defendant was under the age  of
twenty-one at the time the offense was committed and:
(a) the imposition of such surcharge or fee would work an unreasonable
hardship  on  the  defendant,  his or her immediate family, or any other
person who is dependent on such defendant for financial support; or
(b) after considering the goal of promoting successful and  productive
reentry  and  reintegration  as  set forth in subdivision six of section
1.05 of the penal law, the imposition of such  surcharge  or  fee  would
adversely impact the defendant's reintegration into society; or
(c) the interests of justice.
3.  It  shall  be  the  duty  of  a  court of record or administrative
tribunal to report to the division of criminal justice services  on  the
disposition   and  collection  of  mandatory  surcharges,  sex  offender

registration fees or DNA databank fees and crime victim assistance fees.
Such report shall include, for all cases,  whether  the  surcharge,  sex
offender  registration  fee, DNA databank fee or crime victim assistance
fee levied pursuant to subdivision one of section 60.35 of the penal law
or section eighteen hundred nine of the vehicle and traffic law has been
imposed  pursuant  to law, collected, or is to be collected by probation
or corrections or other officials. The form,  manner  and  frequency  of
such  reports shall be determined by the commissioner of the division of
criminal  justice   services   after   consultation   with   the   chief
administrator  of  the  courts and the commissioner of the department of
motor vehicles.