N.Y. Penal Law § 60.35: Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fe...

§ 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. 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.

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.