2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 420 - Fines, Restitution and Reparation › 420.10 - Collection of Fines, Restitution or Reparation.

§ 420.10 Collection of fines, restitution or reparation.
1.  Alternative methods of payment. When the court imposes a fine upon
an individual, it shall designate the official other than  the  district
attorney  to  whom  payment  is  to  be remitted. When the court imposes
restitution  or  reparation  and  requires  that  the  defendant  pay  a
designated  surcharge  thereon pursuant to the provisions of subdivision
eight of section 60.27 of the penal law, it shall designate the official
or organization other than the district attorney, selected  pursuant  to
subdivision  eight  of  this section, to whom payment is to be remitted.
(a) The court may direct:
(i) That the defendant pay the entire amount at the time  sentence  is
pronounced;
(ii) That the defendant pay the entire amount at some later date; or
(iii)  That  the  defendant  pay  a  specified  portion  at designated
periodic intervals.
(b) When the court imposes both (i) a fine  and  (ii)  restitution  or
reparation  and such designated surcharge upon an individual and imposes
a schedule of payments, the court shall  also  direct  that  payment  of
restitution  or  reparation  and such designated surcharge take priority
over the payment of the fine.
(c) Where the defendant is sentenced to a period of probation as  well
as  a fine, restitution or reparation and such designated surcharge, the
court may direct that payment of the fine, restitution or reparation and
such designated surcharge be a condition of the sentence.
(d) When a court requires that  restitution  or  reparation  and  such
designated  surcharge  be  made it must direct that notice be given to a
person or persons to whom it is to be paid of the conditions under which
it is to be remitted; the name and address of  the  public  official  or
organization  to  whom  it  is to be remitted for payment and the amount
thereof; and the availability of civil proceedings for collection  under
subdivision  six of this section. An official or organization designated
to receive payment under this subdivision must report to the  court  any
failure  to  comply with the order and shall cooperate with the district
attorney pursuant to his responsibilities under subdivision six of  this
section.
(e)  Where cash bail has been posted by the defendant as the principal
and is not forfeited or assigned, the court at its discretion may  order
that  bail  be  applied  toward  payment  of any order of restitution or
reparation or fine. If the court so orders, the bail proceeds  shall  be
applied  to  payment  first of the restitution or reparation and then of
the fine.
2. Death  of  victim.  In  the  event  that  the  individual  to  whom
restitution or reparation is to be made dies prior to completion of said
restitution  or  reparation, the remaining payments shall be made to the
estate of the deceased.
3. Imprisonment for failure to pay. Where the court  imposes  a  fine,
restitution  or  reparation,  the  sentence  may  provide  that  if  the
defendant fails to pay the fine, restitution or reparation in accordance
with the direction of the court, the defendant must be imprisoned  until
the  fine, restitution or reparation is satisfied. Such provision may be
added at the time sentence is pronounced or at any later date while  the
fine,  restitution  or  reparation  or  any part thereof remains unpaid;
provided, however, that if the provision is added at a  time  subsequent
to  the  pronouncement  of  sentence  the  defendant  must be personally
present when it is added. In any case where the defendant fails to pay a
fine, restitution or reparation  as  directed  the  court  may  issue  a
warrant  directing  a  peace  officer,  acting  pursuant  to his special
duties, or a police officer, to take him  into  custody  and  bring  him

before  the  court; provided, however, if the court in which the warrant
is returnable is a city, town or village court, and such  court  is  not
available,  and  the  warrant  is  addressed  to  a police officer, such
executing  police  officer  must  without  unnecessary  delay  bring the
defendant before an alternate  local  criminal  court,  as  provided  in
subdivision  five  of section 120.90 of this chapter; or if the court in
which the warrant is returnable is a superior court, and such  court  is
not  available,  and  the warrant is addressed to a police officer, such
executing  police  officer  may  bring  the  defendant  to   the   local
correctional  facility  of  the  county  in which such court sits, to be
detained there until not later than the commencement of the next session
of such court occurring on the next business day. Such warrant may  also
be  delegated in the same manner as a warrant pursuant to section 530.70
of this chapter.  Where  a  sentence  provides  that  the  defendant  be
imprisoned  for  failure  to  pay  a  fine,  the  court shall advise the
defendant that if he is unable to pay such fine, he has a right, at  any
time, to apply to the court to be resentenced as provided in subdivision
five of this section.
4.  Period  of imprisonment. When the court directs that the defendant
be imprisoned until the fine, restitution or reparation be satisfied, it
must specify a maximum period of imprisonment subject to  the  following
limits:
(a) Where the fine, restitution or reparation is imposed for a felony,
the period may not exceed one year;
(b)  Where  the  fine,  restitution  or  reparation  is  imposed for a
misdemeanor,  the  period  may  not  exceed  one-third  of  the  maximum
authorized term of imprisonment;
(c)  Where  the fine, restitution or reparation is imposed for a petty
offense, the period may not exceed fifteen days; and
(d) Where a sentence of imprisonment as well as a fine, restitution or
reparation is imposed, the aggregate of the period and the term  of  the
sentence may not exceed the maximum authorized term of imprisonment.
(e)  Jail  time  and  good behavior time shall be credited against the
full period of imprisonment, if served, as provided in section 70.30  of
the penal law for definite sentences.
5.  Application  for  resentence.  In  any case where the defendant is
unable to pay a fine, restitution or reparation imposed by the court, he
may at any time apply to the court for resentence. In such case, if  the
court  is  satisfied  that  the  defendant  is  unable  to pay the fine,
restitution or reparation it must:
(a) Adjust the terms of payment; or
(b) Lower the amount of the fine, restitution or reparation; or
(c) Where the sentence consists of probation  or  imprisonment  and  a
fine,  restitution  or  reparation,  revoke  the portion of the sentence
imposing the fine, restitution or reparation; or
(d) Revoke the entire sentence imposed and resentence  the  defendant.
Upon  such  resentence  the  court may impose any sentence it originally
could have imposed, except that the amount of any fine,  restitution  or
reparation  imposed  may not be in excess of the amount the defendant is
able to pay.
In any case where the defendant applies for resentencing with  respect
to  any  condition of the sentence relating to restitution or reparation
the court must order that notice of such application  and  a  reasonable
opportunity  to  be heard be given to the person or persons given notice
pursuant to subdivision one of this section. If  the  court  grants  the
defendant's  application  by changing the original order for restitution
or reparation in any manner, the court must place the  reasons  therefor
on the record.
For  the  purposes  of this subdivision, the court shall not determine
that the defendant is unable to pay the fine, restitution or  reparation
ordered  solely  because  of  such  defendant's  incarceration but shall
consider all the  defendant's  sources  of  income  including,  but  not
limited  to,  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 in a work release program  as  defined  in  subdivision  four  of
section  one hundred fifty of the correction law, 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  the  superintendent  or  the  municipal
official of the facility where the person is confined.
6.  Civil  proceeding  for  collection.  (a)  A  fine,  restitution or
reparation imposed or directed by the court shall be imposed or directed
by a written order of the court containing the amount  thereof  required
to  be  paid  by  the defendant. The court's order also shall direct the
district attorney to file a certified copy of such order with the county
clerk of the county in which the court is situate except where the court
which issues such order is the supreme court in  which  case  the  order
itself  shall  be  filed  by the clerk of the court acting in his or her
capacity as the county clerk  of  the  county  in  which  the  court  is
situate.  Such  order  shall  be entered by the county clerk in the same
manner as a judgment in a civil action in  accordance  with  subdivision
(a)  of  rule five thousand sixteen of the civil practice law and rules.
Even if the defendant was imprisoned  for  failure  to  pay  such  fine,
restitution  or  reparation,  or  has  served the period of imprisonment
imposed, such order after entry thereof pursuant to this subdivision may
be collected in the same manner as a judgment in a civil action  by  the
victim, as defined in paragraph (b) of subdivision four of section 60.27
of  the  penal  law, to whom restitution or reparation was ordered to be
paid, the estate of such person or the district  attorney.  The  entered
order  shall  be  deemed  to  constitute  a  judgment-roll as defined in
section five thousand seventeen of the civil practice law and rules  and
immediately  after entry of the order, the county clerk shall docket the
entered order as a money judgment  pursuant  to  section  five  thousand
eighteen  of  such  law  and  rules.  Wherever appropriate, the district
attorney shall file a transcript of the docket of the judgment with  the
clerk of any other county of the state. Such a restitution or reparation
order,  when  docketed  shall  be a first lien upon all real property in
which the defendant thereafter acquires an interest,  having  preference
over  all  other liens, security interests, and encumbrances whatsoever,
except:
(i) a lien or interest running to the benefit of the government of the
United States or the state of New York, or any political subdivision  or
public benefit corporation thereof; or
(ii) a purchase money interest in any property.
(b)  The  district  attorney  may, in his or her discretion, and must,
upon order of the court, institute proceedings  to  collect  such  fine,
restitution or reparation.
7.  Undisbursed  restitution  payments.  Where  a  court requires that
restitution or reparation be  made  by  a  defendant,  the  official  or
organization to whom payments are to be remitted pursuant to subdivision
one  of  this  section  may  place  such payments in an interest-bearing
account. The interest accrued and  any  undisbursed  payments  shall  be
designated  for  the  payment  of  restitution orders that have remained
unsatisfied for the longest period of time. For  the  purposes  of  this
subdivision,  the  term  "undisbursed  restitution  payments" shall mean
those payments which have been remitted by a defendant but not disbursed

to the intended beneficiary and such payment has gone  unclaimed  for  a
period  of  one year and the location of the intended beneficiary cannot
be ascertained by such official or organization after  using  reasonable
efforts.
8.  Designation  of restitution agency. (a) The chief elected official
in each county, and in the city of New York the mayor,  shall  designate
an  official  or  organization  other  than  the district attorney to be
responsible for the collection and  administration  of  restitution  and
reparation  payments under provisions of the penal law and this chapter.
This official or organization  shall  be  eligible  for  the  designated
surcharge  provided  for  by  subdivision  eight of section 60.27 of the
penal law.
(b) The restitution agency, as designated by  paragraph  (a)  of  this
subdivision,  shall  be  responsible  for  the  collection  of data on a
monthly basis regarding the numbers of restitution and reparation orders
issued, the numbers of satisfied restitution and reparation  orders  and
information  concerning  the  types of crimes for which such orders were
required. A probation department designated as  the  restitution  agency
shall  then  forward  such  information  to  the office of probation and
correctional alternatives within the first ten days following the end of
each month. In all other cases the restitution agency  shall  report  to
the  division  of  criminal  justice  services directly. The division of
criminal justice services shall compile and review all such  information
and make recommendations to promote the use of restitution and encourage
its enforcement.