NY State Senate Bill 2009-S4703

Senate Bill S4703

2009-2010 Legislative Session

Creates a pilot program for parent workshops for parents of newborn infants who may be considered at risk for negative parenting outcomes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2010	committee discharged and committed to crime victims, crime and correction
Jan 06, 2010	referred to finance
Apr 27, 2009	referred to finance

2009-S4703 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Add §75, Exec L; amd §§80.05 & 60.35, Pen L; add §§97-jjjj & 97-kkkk, St Fin L

2009-S4703 (ACTIVE) - Summary

Creates a pilot program for parent workshops for parents of newborn infants who may be considered at risk for negative parenting outcomes in order to prevent juvenile delinquent behavior; provides funding through the crime victim assistance fees.

2009-S4703 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4703

 TITLE OF BILL :

An act to amend the executive law, the penal law and the state finance
law, in relation to creating a pilot program for parent workshops for
parents of newborn infants who may be considered at risk for negative
parenting outcomes in order to prevent juvenile delinquent behavior
and to provide funding therefor through an increase in, and
segregation of, the crime victim assistance fees


 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill would be to establish a, parenting workshop
pilot program within New York, Funding for this program is derived
from an increase in the crime victim assistance fees.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: This section of the bill would amend the executive law to
establish a Parenting Workshop Pilot Program under the auspices of the
Attorney General In addition to setting forth the legislative
reasoning for the establishment of this Program, this section of the
bill provides the objectives for, format of, approval and terms of,
reporting and evaluation of, and funding for the Program.

Section 2: This section of the bill would amend the Penal Law to make
clear the term "fine" does not encompass a mandatory surcharge or a
crime victim assistance fee, as later defined by the bill.

Section 3: This section of the bill would amend the Penal law to
impose a fee of $250 for each of a mandatory surcharge and a crime
victim assistance fee when a person is convicted of a violent felony
offense, This section also raises such surcharge and crime victim
assistance fee when a person is convicted of any other felony,
misdemeanor or violation. Further, this section would require the
state comptroller or the state commissioner of taxation and finance,
as the case may be, to divide crime victim assistance fees collected
between the crime victim assistance account or the better parenting
trust account, which account the fees will be credited to is
determined by whether the victim of the crime for which a fee has been
paid is eighteen years of age or younger.

Section 4: This section of the bill would establish a crime victim
assistance account under the joint custody of the state comptroller
and the attorney general to fund services to crime victims and
witnesses subject to certain restrictions and limitations.

Section 5: This section of the bill would establish a Better Parenting
Trust Account under the joint custody of the state comptroller and the
attorney general to be used exclusively for the Parenting Workshop
Pilot Program created under Section 1 of this bill.

 JUSTIFICATION :

Reports have established that while overall crime rates have decreased
in New York State over the past year, juvenile crimes has
significantly increased. It is well established that children do not
suddenly become prone to delinquent or violent behavior.

It has also been established that the family and community environment
in which the children develop, account in large part for their
proclivity towards delinquent or violent behavior.


Researchers have identified certain family risk factors which may be
responsible for such behavior, including child abuse or neglect, lack
of parent and child bonding, unduly harsh or erratic parental
discipline, and parental absence.

The Parenting Workshop Pilot Program created under this bill would
address, at the very earliest possible moment-birth--all of the family
factors identified. The program has been designed so that both rural
and urban areas are targeted both of which have experienced an
increase in juvenile delinquency, as well as focusing on various
locations through- out the State, including Long Island, Buffalo
Westchester, Rochester, Syracuse, New York City, Watertown,
Binghamton, and the Capital Region, protecting innocent children from
abuse and preventing them from becoming juvenile delinquents, by
strengthening the family and the skills of parents.

In so doing this program holds the greatest promise for the children
of our State and will best protect all of its citizens.

 FISCAL IMPLICATIONS :

This bill will be revenue neutral since the funding for this pilot
program will be derived exclusively from fees paid by persons
convicted of crimes when the victim of the crime was a person eighteen
years of age or younger.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.1961: Referred to Senate Finance Committee.

 EFFECTIVE DATE :
This bill would become effective on the ninetieth day after it shall
have become a law.

2009-S4703 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4703

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, the penal law and the  state  finance
  law,  in relation to creating a pilot program for parent workshops for
  parents of newborn infants who may be considered at risk for  negative
  parenting  outcomes  in  order to prevent juvenile delinquent behavior
  and to provide funding therefor through an  increase  in,  and  segre-
  gation of, the crime victim assistance fees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 75  to
read as follows:
  S  75. PARENTING WORKSHOP PILOT PROGRAM. 1. LEGISLATIVE FINDINGS.  THE
LEGISLATURE FINDS AND DECLARES THAT JUVENILE  CRIME  HAS  BEEN  STEADILY
INCREASING  IN NEW YORK STATE AT AN ALARMING RATE. IT IS UNDERSTOOD THAT
CHILDREN DO NOT SUDDENLY BECOME PRONE TO DELINQUENT OR VIOLENT BEHAVIOR,
BUT THAT SUCH BEHAVIOR MAY BE ATTRIBUTABLE TO THE FAMILY  AND  COMMUNITY
ENVIRONMENT  IN  WHICH  THEY  HAVE  DEVELOPED.  RESEARCHERS HAVE FOUND A
NUMBER OF RISK FACTORS ASSOCIATED WITH,  OR  INDICATIONS  OF  PROCLIVITY
TOWARDS,  JUVENILE  DELINQUENCY  AND  YOUTH  VIOLENCE, MANY OF WHICH ARE
ROOTED WITHIN THE FAMILY. THESE RISK  FACTORS  INCLUDE  CHILD  ABUSE  OR
NEGLECT,  LACK  OF  PARENT  AND  CHILD  BONDING, UNDULY HARSH OR ERRATIC
PARENTAL DISCIPLINE, AND PARENTAL ABSENCE.
  THE LEGISLATURE THEREFORE  DECLARES  THAT  A  PILOT  PROGRAM  DIRECTED
TOWARD  PARENTS OF NEWBORN INFANTS CONSIDERED TO BE AT RISK FOR NEGATIVE
PARENTING OUTCOMES BE DEVELOPED IN AN EFFORT TO REDUCE, AT THE  EARLIEST
OPPORTUNITY,  MANY  OF  THE FAMILY RISK FACTORS ATTRIBUTABLE TO JUVENILE
DELINQUENCY AND YOUTH VIOLENCE. IT IS BELIEVED THAT CREATING A PARENTING
WORKSHOP PROGRAM AT SIX VARIOUS LOCATIONS  THROUGHOUT  THE  STATE  WHICH
WOULD  INCLUDE PARENTS FROM BOTH RURAL AND URBAN AREAS, AS BOTH OF THESE
AREAS HAVE EXPERIENCED AN INCREASE IN JUVENILE CRIME,  AND  WHICH  WOULD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11038-01-9

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.

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