S. 4703 2
INCLUDE BOTH PARENTS DEEMED AT RISK, AS WELL AS THOSE WHO ARE NOT AT
RISK IN ORDER TO ELIMINATE ANY STIGMATIZATION OF THE AT RISK PARENTS,
WILL LIKELY ATTRACT THOSE PARENTS MOST IN NEED.
2. PARENTING WORKSHOP PILOT PROGRAM. (A) THE ATTORNEY GENERAL IS
HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A PARENTING WORKSHOP PILOT
PROGRAM WITHIN NEW YORK STATE. SUCH PILOT PROGRAM MAY PROVIDE FOR THE
ESTABLISHMENT OF LOCAL PARENTING WORKSHOP PROGRAMS IN LONG ISLAND, NEW
YORK CITY, WESTCHESTER COUNTY, THE CAPITAL DISTRICT, BINGHAMTON, WATER-
TOWN, BUFFALO, SYRACUSE, AND ROCHESTER. THE PURPOSE OF THE PILOT PROGRAM
WOULD BE TO ESTABLISH LOCAL PARENTING WORKSHOP PROGRAMS THAT WOULD
PROVIDE PARENT TRAINING, EDUCATION AND INFORMATION, IN AN EFFORT TO
ASSIST AND EDUCATE PARENTS AND CHILDREN, AND IN AN EFFORT TO:
(I) DEVELOP IMPROVED PARENTING AND FAMILY INTERACTION SKILLS;
(II) PROMOTE POSITIVE CHILD DEVELOPMENT;
(III) PROMOTE PRIMARY EDUCATION;
(IV) REDUCE THE INCIDENCE OF CHILD ABUSE, NEGLECT AND MISTREATMENT;
AND
(V) REDUCE THE INCIDENCE OF JUVENILE DELINQUENCY AND CRIME.
(B) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL PROMULGATE REGULATIONS AND
REQUIREMENTS FOR THE ESTABLISHMENT OF THE PARENTING WORKSHOP PILOT
PROGRAM. THE REGULATIONS ESTABLISHING THE PARENTING WORKSHOP PILOT
PROGRAM SHALL ALSO PROVIDE FOR A PROCEDURE BY WHICH THE ATTORNEY GENERAL
MAY DESIGNATE SPONSORS FOR LOCAL PARENTING WORKSHOP PROGRAMS FOR EACH
LOCALITY TO BE SERVED. CONSISTENT WITH THE FOREGOING, A PROSPECTIVE
SPONSOR OF A LOCAL PARENTING WORKSHOP PROGRAM SHALL SUBMIT A PROPOSAL
FOR APPROVAL BY THE ATTORNEY GENERAL WHICH DESCRIBES:
(I) THE SPECIFIC POPULATION TO BE SERVED;
(II) THE MANNER IN WHICH SUCH POPULATION WILL BE IDENTIFIED;
(III) THE SPECIFIC PARENTING SERVICES TO BE PROVIDED;
(IV) THE MANNER IN WHICH SUCH PARENTING SERVICES SHALL BE PROVIDED;
(V) ALL ASSOCIATED COSTS;
(VI) THE EXPECTED BENEFITS OF THE LOCAL PARENTING WORKSHOP PROGRAM;
(VII) THE METHOD TO BE UTILIZED TO MEASURE THE EFFECTIVENESS OF THE
LOCAL PARENTING WORKSHOP PROGRAM; AND
(VIII) SUCH OTHER INFORMATION AS THE ATTORNEY GENERAL MAY DEEM NECES-
SARY TO ASSURE THE SUCCESS AND SAFETY OF THE LOCAL PARENTING WORKSHOP
PROGRAM.
3. APPROVAL AND TERMS OF SPONSORS AND LOCAL PARENTING WORKSHOP
PROGRAMS. THE WRITTEN APPROVAL OF A SPONSOR'S APPLICATION BY THE ATTOR-
NEY GENERAL SHALL CONSTITUTE AUTHORIZATION TO A SPONSOR TO COMMENCE A
LOCAL PARENTING WORKSHOP PROGRAM.
SUCH AUTHORIZATION SHALL BE IN EFFECT FOR THREE YEARS, ABSENT REVOCA-
TION OR EXTENSION BY THE ATTORNEY GENERAL.
4. REPORTING AND EVALUATION OF THE PROGRAM. ON OR BEFORE EACH ONE YEAR
ANNIVERSARY OF THE PILOT PROGRAM'S INCEPTION, THE ATTORNEY GENERAL SHALL
SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE CONCERNING THE LOCAL
PARENTING WORKSHOP PROGRAMS ESTABLISHED HEREUNDER AND SHALL PROVIDE AN
EVALUATION AS TO THE EFFECTIVENESS OF THE PILOT PROGRAM IN MEETING THE
PURPOSES FOR WHICH IT WAS ESTABLISHED. SUCH REPORT SHALL ALSO RECOMMEND
WHETHER THE PILOT PROGRAM SHOULD BE EXPANDED TO ADDITIONAL LOCATIONS IN
THE STATE AND SHALL ESTIMATE THE FINANCIAL COST OF ANY SUCH EXPANSION.
5. FUNDING. THE FUNDING FOR THIS PROGRAM SHALL BE OBTAINED FROM THAT
PORTION OF THE INCREASED FEES COLLECTED UNDER THE CRIME VICTIM ASSIST-
ANCE FEES PURSUANT TO SECTION 60.35 OF THE PENAL LAW WHICH ARE IMPOSED
WHERE THE VICTIM OF A CRIME IS A PERSON EIGHTEEN YEARS OF AGE OR YOUNGER
S. 4703 3
AND WHICH FEES HAVE BEEN REMITTED TO THE STATE COMPTROLLER AND SEGRE-
GATED IN THE BETTER PARENTING TRUST ACCOUNT PURSUANT TO SECTION NINETY-
SEVEN-KKKK OF THE STATE FINANCE LAW.
S 2. Section 80.05 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
7. THE TERM "FINE" AS DEFINED IN THIS SECTION SHALL NOT INCLUDE A
MANDATORY SURCHARGE OR A CRIME VICTIM ASSISTANCE FEE AS DEFINED IN
SECTION 60.35 OF THIS CHAPTER.
S 3. Section 60.35 of the penal law, as amended by section 1 of part E
of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of
paragraph (a) of subdivision 1 as amended by section 1 of part DD of
chapter 56 of the laws of 2008, paragraph (b) of subdivision 1 as
amended by chapter 320 of the laws of 2006, and subdivision 10 as
amended by section 2 of part Y of chapter 56 of the laws of 2008, is
amended to read as follows:
S 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 VIOLENT FELONY OFFENSE, AS DEFINED IN
SECTION 70.02 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF TWO HUNDRED
FIFTY DOLLARS;
[(i)] (II) a person convicted of [a] ANY OTHER felony shall pay a
mandatory surcharge of [three hundred] TWO HUNDRED FIFTY dollars and a
crime victim assistance fee of [twenty-five] ONE HUNDRED FIFTY dollars;
[(ii)] (III) 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] SEVENTY-FIVE dollars;
[(iii)] (IV) a person convicted of a violation shall pay a mandatory
surcharge of [ninety-five] FIFTY dollars and a crime victim assistance
fee of twenty-five dollars;
[(iv)] (V) a person convicted of a sex offense as defined by subdivi-
sion 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)] (VI) 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 assist-
ance fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs [(i),
(ii) or (iv)] (II), (III), OR (V) 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
S. 4703 4
convicted shall pay a supplemental sex offender victim fee of one thou-
sand 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 omis-
sion 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 appro-
priate 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 omis-
sion, 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, commit-
ted 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 data-
bank 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 supple-
mental 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 adminis-
trative 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 data-
bank 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-sev-
en-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. WITHIN THE FIRST TEN DAYS FOLLOWING THE PRONOUNCEMENT OF SENTENCE
OF THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING THE
S. 4703 5
SENTENCE SHALL CALCULATE AND DETERMINE THE AMOUNT OF THE CRIME VICTIM
ASSISTANCE FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION. IMME-
DIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF THE
COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE CONVICTION THE FULL
AMOUNT OF THE CRIME VICTIM ASSISTANCE FEE SO CALCULATED AND DETERMINED,
AND SUCH COURT SHALL THEREUPON ACT AS THE COLLECTING AUTHORITY. IF SUCH
COLLECTING AUTHORITY 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 CRIME
VICTIM ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-JJJJ OF
THE STATE FINANCE LAW, UNLESS THE VICTIM OF THE CRIME FOR WHICH THE
OFFENDER HAS BEEN CONVICTED WAS LESS THAN NINETEEN YEARS OF AGE AT THE
TIME OF THE COMMISSION OF THE OFFENSE, THEN IN WHICH CASE THE COMP-
TROLLER SHALL DEPOSIT SUCH MONIES INTO THE BETTER PARENTING TRUST
ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-KKKK 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 TO THE STATE
COMMISSIONER OF TAXATION AND FINANCE TO THE CREDIT OF THE CRIME VICTIM
ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-JJJJ OF THE STATE
FINANCE LAW, UNLESS THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER HAS
BEEN CONVICTED IS LESS THAN NINETEEN YEARS OF AGE, IN WHICH CASE SUCH
MONEY SHALL BE CREDITED TO THE BETTER PARENTING TRUST ACCOUNT ESTAB-
LISHED BY SECTION NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW.
5. Any person who has paid a mandatory surcharge, sex offender regis-
tration 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 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.
[5.] 6. (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 noti-
fy 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 inmates'
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 OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLE-
MENT OF LITIGATION. Such moneys, WITH RESPECT TO PAYMENT OF THE MANDA-
TORY SURCHARGE, 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 nine-
ty-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
S. 4703 6
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. ANY OTHER SUCH MONEYS, WITH RESPECT TO THE PAYMENT OF THE
CRIME VICTIM ASSISTANCE FEE FOR ANY OTHER CONVICTION SHALL BE PAID OVER
TO THE STATE COMPTROLLER TO THE CREDIT OF THE CRIME VICTIM ASSISTANCE
ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE
LAW OR TO THE BETTER PARENTING TRUST ACCOUNT ESTABLISHED BY SECTION
NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW IN THE MANNER PROVIDED IN
SUBDIVISION FOUR OF THIS SECTION. 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
inmates' fund or money which is earned by an inmate in a work release
program OR AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION
OR SETTLEMENT OF LITIGATION. For purposes of this subdivision, the term
"inmates' fund" shall mean moneys in the possession of an inmate 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,
OR FUNDS RECEIVED, INCLUDING ANY FUNDS THAT MAY BE AWARDED TO SUCH
INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION.
(b) The incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be assessed or
collected if any order of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee remains unpaid.
In such circumstances, any monies which may lawfully be withheld from
the compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
[6.] 7. 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] AT THE DISCRETION OF THE COURT, MAY
not be required to pay a mandatory surcharge or a crime victim assist-
ance fee.
[7.] 8. 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.] 9. 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 regis-
tration fee or DNA databank fee, crime victim assistance fee or supple-
mental 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 desig-
nated date of appearance on the summons shall be set for the first day
S. 4703 7
court is in session falling after the sixtieth day from the imposition
of the mandatory surcharge, sex offender registration fee or DNA data-
bank fee, crime victim assistance fee or supplemental sex offender
victim fee. The summons shall contain the information required by subdi-
vision 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 regis-
tration fee or DNA databank fee, crime victim assistance fee or supple-
mental 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 correctional services. The mandatory surcharges, sex offender regis-
tration 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.] 10. 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.
[10.] 11. The provisions of this section shall apply to sentences
imposed upon a youthful offender finding; provided, however that the
court shall not impose the sex offender registration fee, DNA databank
fee or supplemental sex offender victim fee, as defined in subparagraphs
(iv) and (v) of paragraph (a) and paragraph (b) of subdivision one of
this section, for an offense in which the conviction was substituted
with a youthful offender finding.
S 4. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
S 97-JJJJ. CRIME VICTIM ASSISTANCE ACCOUNT. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
GENERAL A SPECIAL REVENUE FUND TO BE KNOWN AS THE "CRIME VICTIM ASSIST-
ANCE ACCOUNT".
2. THE CRIME VICTIM ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
3. MONIES OF THE CRIME VICTIM ASSISTANCE ACCOUNT SHALL BE MADE AVAIL-
ABLE FOR THE FOLLOWING PURPOSES:
A. FOR STATE OPERATION EXPENSES AND LOCAL ASSISTANCE SERVICES TO
PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, INCLUDING ANY PARENTING
WORKSHOP PILOT PROGRAM WHICH MAY BE ESTABLISHED; AND
B. FOR GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND
PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
C. FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
4. EXCEPT FOR PAYMENTS MADE IN SUPPORT OF ANY PARENTING WORKSHOP PILOT
PROGRAM ESTABLISHED IN ACCORDANCE WITH SECTION SEVENTY-FIVE OF THE EXEC-
UTIVE LAW, ALL MONIES ALLOCATED FROM THE CRIME VICTIM ASSISTANCE ACCOUNT
FOR STATE OPERATION EXPENSES AND LOCAL ASSISTANCE SERVICES, TO PROVIDE
SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE AGGREGATE,
ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE ACCOUNT'S PREVIOUS
YEAR'S ANNUAL CASH BALANCE.
5. MONIES ALLOCATED FROM THE CRIME VICTIM ASSISTANCE ACCOUNT FOR
GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND PROGRAMS,
WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
S. 4703 8
AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE ACCOUNT'S
PREVIOUS YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
ANNUAL RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE AS TO THE
ALLOCATION OF THESE MONIES.
6. UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM ASSISTANCE FEE, OR
A PORTION THEREOF, FROM A CONVICTED OFFENDER, THE COMPTROLLER SHALL
DEPOSIT SUCH MONIES INTO THE CRIME VICTIM ASSISTANCE ACCOUNT. AT THE
REQUEST OF THE ATTORNEY GENERAL, THE COMPTROLLER SHALL PROVIDE FUNDING
FOR THE PARENTING WORKSHOP PILOT PROGRAM ESTABLISHED IN ACCORDANCE WITH
SECTION SEVENTY-FIVE OF THE EXECUTIVE LAW, BY PAYMENTS FROM SUCH
ACCOUNT.
7. A CRIME VICTIM SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL
FOR A CRIME VICTIM PAYMENT ANY TIME AFTER A PAYMENT OR COLLECTION OF A
CRIME VICTIM ASSISTANCE FEE, OR A PORTION THEREOF, IS MADE FROM SUCH
VICTIM'S CONVICTED OFFENDER. SUCH APPLICATION SHALL SPECIFY THE CURRENT
NAME AND ADDRESS OF THE CRIME VICTIM, THE NAME OF THE OFFENDER AND THE
AMOUNT OF CRIME VICTIM'S ASSISTANCE REQUESTED. UPON VERIFICATION FROM
THE STATE COMPTROLLER THAT PAYMENT OR COLLECTION OF MONIES WERE MADE
AGAINST SUCH CONVICTED OFFENDER AND THAT SUCH MONIES WERE DEPOSITED INTO
THE CRIME VICTIM ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF
ANY, THAT HAVE BEEN PREVIOUSLY PAID BY OR COLLECTED FROM, SUCH CONVICTED
OFFENDER, THE COMPTROLLER SHALL CERTIFY TO THE ATTORNEY GENERAL THAT
SUCH APPLICANT IS ELIGIBLE TO RECEIVE A CRIME VICTIM PAYMENT. SUCH
CERTIFICATION SHALL SPECIFY THE AMOUNT OF THE MONIES DEPOSITED AND HELD
IN THE CRIME VICTIM ASSISTANCE ACCOUNT AS A RESULT OF THE PAYMENT BY, OR
THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER, AND SHALL BE
ISSUED WITHIN THIRTY DAYS OF THE TIME WHEN THE CRIME VICTIM'S APPLICA-
TION WAS FORWARDED FROM THE ATTORNEY GENERAL TO THE COMPTROLLER. AFTER
THE ISSUANCE OF SUCH CERTIFICATION, PURSUANT TO THE REQUEST OF THE
ATTORNEY GENERAL, THE COMPTROLLER SHALL WITHIN THIRTY DAYS OF SUCH
REQUEST, ISSUE AND PROVIDE A PRO RATA PAYMENT TO EACH CRIME VICTIM IN
THE AMOUNT OF SEVENTY-FIVE PERCENT OF THE AMOUNT OF MONEY SO CERTIFIED
AS HAVING BEEN DEPOSITED AND HELD IN THE CRIME VICTIM ASSISTANCE ACCOUNT
AS A RESULT OF THE PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE
CONVICTED OFFENDER.
S 5. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
S 97-KKKK. BETTER PARENTING TRUST ACCOUNT. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
GENERAL A SPECIAL REVENUE FUND TO BE KNOWN AS THE "BETTER PARENTING
TRUST ACCOUNT".
2. THE BETTER PARENTING TRUST ACCOUNT SHALL CONSIST OF ALL MONIES
RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
3. MONIES OF THE BETTER PARENTING TRUST ACCOUNT SHALL BE MADE AVAIL-
ABLE FOR THE COST OF PROVIDING FOR A PARENTING WORKSHOP PILOT PROGRAM
ESTABLISHED IN ACCORDANCE WITH SECTION SEVENTY-FIVE OF THE EXECUTIVE
LAW.
4. UPON THE RECEIPT OF CRIME VICTIM ASSISTANCE FEES, THE COMPTROLLER
SHALL DEPOSIT SUCH MONIES INTO THE BETTER PARENTING TRUST ACCOUNT. AT
THE REQUEST OF THE ATTORNEY GENERAL, THE COMPTROLLER SHALL PROVIDE FUND-
ING FOR AN APPROVED LOCAL PARENTING WORKSHOP PILOT PROGRAM ESTABLISHED
PURSUANT TO SECTION SEVENTY-FIVE OF THE EXECUTIVE LAW.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
S. 4703 9
5 of section 60.35 of the penal law made by section three of this act
shall not affect the expiration and reversion of such subdivision as
provided by section 74 of chapter 3 of the laws of 1995, as amended and
shall be deemed to expire therewith.