N.Y. General Municipal Law § 99-m: Cash bail and partially secured bail bond; fee for deposit of money

§ 99-m. Cash bail and partially secured bail bond; fee for deposit of

money. 1. When, pursuant to the provisions of title P of the criminal

procedure law or the provisions of the family court act, a sum of money

deposited in connection with a cash bail or a partially secured bail

bond is received by a court or other authorized public servant or

agency, such money shall be deposited in the same manner as may be by

law provided for the deposit of money generally received by such court,

public servant or agency. Except as otherwise provided herein, the

county treasurer, or, in the city of New York, the commissioner of

finance, shall be entitled to a fee of two per centum of the amount of

money so deposited and an additional fee of one per centum as provided

in subdivision three of this section. Where the money received by a

state-paid court hereunder is not deposited with any other officer or

agency but is retained by the court, the clerk of such court shall be

entitled to a fee of two per centum of the amount of money so retained,

and an additional fee of one per centum to be disbursed as provided in

subdivision three of this section. All fees collected hereunder by the

clerk of a state-paid court shall be paid to the state commissioner of

taxation and finance on a monthly basis not later than ten days after

the last day of each month. Except as otherwise provided by an order

issued pursuant to section 420.10 of the criminal procedure law, upon

the exoneration or remission of the bail, the money so deposited, less

such fee, shall, by order of the appropriate court, be refunded to the

person who originally deposited such money. Upon a termination of the

criminal action or proceeding in favor of the accused, as defined in

subdivision two of section 160.50 of the criminal procedure law, the two

per centum fee so retained shall, by order of the appropriate court, be

refunded to the person who originally deposited such money.

2. A town or village court shall be entitled to a fee of two per

centum of the amount of bail money deposited with the court in

connection with a criminal action or proceeding over which the court

retains jurisdiction, other than an action or proceeding in which the

accusatory instrument charges one or more traffic infractions only, and

an additional fee of one per centum as provided herein. The total fees

on a sum of bail shall not, however, exceed three per centum and a town

or village court shall not be entitled to collect such fees on bail

transferred to a superior court. All fees on bail collected by a town or

village court shall be paid to the state comptroller by the court on or

before the tenth day of the month next succeeding their collection,

except as provided in subdivision three of section ninety-nine-a of the

state finance law. Two per centum of the bail moneys so collected shall

be the property of the town or village in which the court reporting the

same is located, and the additional one per centum of such bail moneys

shall be disbursed as provided in subdivision three of this section, and

shall be used to fund the alternatives to incarceration service plan

approved pursuant to article thirteen-A of the executive law for the

county in which the town or village is located.

3. The county treasurer, or, in the city of New York, the commissioner

of finance, shall be entitled to an additional fee of one per centum of

the money deposited pursuant to the provisions of title P of the

criminal procedure law or the provisions of the family court act, and

shall deposit such money as an additional credit to the alternatives to

incarceration service plan approved pursuant to article thirteen-A of

the executive law for such city and each county outside of the city of

New York.

4. The additional one per centum fee collected pursuant to the

provisions of this section shall not be used to decrease any money

approved to fund the alternatives to incarceration service plan approved

pursuant to article thirteen-A of the executive law. Upon a termination

of the criminal action or proceeding in favor of the accused, as

provided in subdivision two of section 160.50 of the criminal procedure

law, the one per centum fee shall, by order of the appropriate court, be

refunded to the person who originally deposited such money.