2023 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.
* 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.