S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11083
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Niou) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   vehicle and traffic law, the village law and the state finance law, in
   relation to eliminating court  surcharges  and  fees;  and  to  repeal
   certain  provisions of the penal law, the vehicle and traffic law, the
   parks, recreation and historic preservation law, the executive law and
   the environmental conservation law relating thereto (Part A); to amend
   the penal law and the vehicle and traffic law, in relation to  prohib-
   iting  mandatory  minimum  fines for penal law and vehicle and traffic
   offenses (Part B); to amend the penal law and the vehicle and  traffic
   law,  in relation to mandating that courts engage in an individualized
   assessment of a person's financial ability to  pay  a  fine  prior  to
   imposing  a  fine  (Part  C);  to amend the criminal procedure law, in
   relation to eliminating the availability of incarceration as a  remedy
   for  a  failure  to pay a fine, surcharge or fee, lifting and vacating
   all existing warrants issued solely based on  a  person's  failure  to
   timely  pay a fine, surcharge or fee and ending all existing sentences
   of  incarceration  based  on  such  failure;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto (Part D); in
   relation  to vacating all existing unsatisfied civil judgments entered
   solely based on a person's failure to timely pay a  surcharge  or  fee
   and  to repeal certain provisions of the criminal procedure law relat-
   ing thereto (Part E); to amend the criminal procedure law, in relation
   to prohibiting the collection of a  fine,  restitution  or  reparation
   from  the funds of an incarcerated person; and to amend the correction
   law, in relation to prohibiting the payment of court fines,  mandatory
   surcharges,  certain fees, restitution, reparation or forfeitures from
   the earnings of prisoners (Part F); to amend the  correction  law,  in
   relation  to  eliminating  the  requirement that a parolee or releasee
   receiving a merit termination  of  sentence  be  financially  able  to
   comply  with  an order of restitution; and to amend the executive law,
   in relation to eliminating the requirement that a person  receiving  a
   discharge  of  sentence be financially able to comply with an order of
   restitution and the payment of certain surcharges or  fees  (Part  G);
   and  in relation to vacating all existing unpaid surcharges, DNA data-
   bank fees, crime victim assistance fees, sexual offender  registration
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15574-03-0

 A. 11083                            2
 
   fees, or supplemental sex offender victim fees; and to repeal subdivi-
   sion  3  of  section  420.30 of the criminal procedure law relating to
   restrictions on remitting such fees (Part H)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 relating to ending the unfair financial burdens imposed on defendants in
 criminal,  vehicle and traffic, or other types of criminal or quasi-cri-
 minal matters by the existence of mandatory court  surcharges  and  fees
 and mandatory minimum fines. This act further enacts into law procedures
 by which courts would be required to engage in an individualized assess-
 ment  of  a person's financial ability to pay a fine prior to imposing a
 fine, eliminates the availability of incarceration as  a  remedy  for  a
 failure  to pay a fine, and vacates all existing warrants or unsatisfied
 civil judgments issued solely based on a person's failure to timely  pay
 a  fine, surcharge, or fee.  Each component is wholly contained within a
 Part identified as Parts A  through  H.  The  effective  date  for  each
 particular provision contained within such Part is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including the effective date of the Part, which makes reference to
 a section "of this act", when used in connection  with  that  particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found.  Section four of this act sets
 forth the general effective date of this act.
   § 2. Legislative intent. The legislative intent of this act is to  end
 the inequitable financial burdens placed on defendants by the previously
 enacted statutory provisions which have authorized or mandated the impo-
 sition  of  surcharges, fees, and/or mandatory minimum fines, which have
 had a disparate impact on poor defendants, people of  color,  and  those
 who  lack  access  to  the  significant financial resources necessary in
 order to satisfy the imposition of  surcharges,  fees,  and  fines,  and
 which have also contributed to mass incarceration in New York state. The
 legislative  intent  is  also  to  end New York's regressive reliance on
 generating governmental revenue by imposing surcharges, fees, and  fines
 on those least able to pay.
 
                                  PART A
 
   Section 1. Section 60.35 of the penal law is REPEALED.
   § 2. Section 1809 of the vehicle and traffic law is REPEALED.
   § 3. Section 1809-a of the vehicle and traffic law is REPEALED.
   § 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
   § 5. Section 1809-b of the vehicle and traffic law is REPEALED.
   § 6. Section 1809-c of the vehicle and traffic law is REPEALED.
   § 7. Section 1809-d of the vehicle and traffic law is REPEALED.
   § 8. Section 1809-e of the vehicle and traffic law is REPEALED.
   §  9.  Section  71-0213  of  the  environmental  conservation  law  is
 REPEALED.
   § 10. Subdivision (f) of section 1101 of the civil  practice  law  and
 rules,  as  added  by  section 1 of part D of chapter 412 of the laws of
 1999, subparagraph (i) of paragraph 1 and  paragraph  3  as  amended  by
 section  51 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:

 A. 11083                            3
 
   (f) Fees for inmates. 1. Notwithstanding any other provision of law to
 the contrary, a federal,  state  or  local  inmate  under  sentence  for
 conviction of a crime may seek to commence his or her action or proceed-
 ing  by paying a reduced filing fee as provided in paragraph two of this
 subdivision.  Such  inmate  shall file the form affidavit referred to in
 subdivision (d) of this section along with the summons and complaint  or
 summons  with notice or third-party summons and complaint or petition or
 notice of petition or order to show cause. As part of such  application,
 the  inmate  shall indicate the name and mailing address of the facility
 at which he or she is confined along with the name and  mailing  address
 of  any  other  federal,  state or local facility at which he or she was
 confined during the preceding six month period. The case will  be  given
 an  index  number if applicable, or, in courts other than the supreme or
 county courts, any necessary filing number and the application  will  be
 submitted  to a judge of the court. Upon receipt of the application, the
 court shall obtain from the appropriate  official  of  the  facility  at
 which the inmate is confined a certified copy of the inmate's trust fund
 account statement (or institutional equivalent) for the six month period
 preceding  filing  of  the  inmate's application. If the inmate has been
 confined for less than six months at  such  facility,  the  court  shall
 obtain additional information as follows:
   (i) in the case of a state inmate who has been transferred from anoth-
 er  state  correctional  facility,  the  court shall obtain a trust fund
 account statement for the six month period from the  central  office  of
 the department of corrections and community supervision in Albany; or
   (ii)  in  the  case  of a state inmate who is newly transferred from a
 federal or local correctional facility, the court shall obtain any trust
 fund account statement currently available from such facility. The court
 may, in its discretion, seek  further  information  from  the  prior  or
 current facility.
   2.  If  the court determines that the inmate has insufficient means to
 pay the full filing fee, the court  may  permit  the  inmate  to  pay  a
 reduced  filing fee, the minimum of which shall not be less than fifteen
 dollars and the maximum of which shall not be more than  fifty  dollars.
 The  court  shall  require  an  initial  payment  of such portion of the
 reduced filing fee as the inmate can reasonably afford or shall  author-
 ize  no  initial  payment of the fee if exceptional circumstances render
 the inmate unable to pay any fee; provided however, that the  difference
 between  the amount of the reduced filing fee and the amount paid by the
 inmate in the initial partial payment  shall  be  assessed  against  the
 inmate as an outstanding obligation to be collected either by the super-
 intendent  or the municipal official of the facility at which the inmate
 is confined, as the case may be[, in  the  same  manner  that  mandatory
 surcharges  are collected as provided for in subdivision five of section
 60.35 of the penal law]. The court shall notify  the  superintendent  or
 the municipal official of the facility where the inmate is housed of the
 amount of the reduced filing fee that was not directed to be paid by the
 inmate.   Thereafter, the superintendent or the municipal official shall
 forward to the court any  fee  obligations  that  have  been  collected,
 provided however, that:
   (i)  in  no  event shall the filing fee collected exceed the amount of
 fees required for the commencement of an action or proceeding; and
   (ii) in no event shall an inmate be prohibited from proceeding for the
 reason that the inmate has no assets and no means by which  to  pay  the
 initial partial filing fee.

 A. 11083                            4
 
   3.  The  institution  at  which  an inmate is confined, or the central
 office for the department  of  corrections  and  community  supervision,
 whichever  is  applicable, shall promptly provide the trust fund account
 statement to the inmate as required by this subdivision.
   4.  Whenever  any federal, state or local inmate obtains a judgment in
 connection with any action or proceeding which exceeds the amount of the
 filing fee, paid in accordance with the provisions of  this  subdivision
 for  commencing  such action or proceeding, the court shall award to the
 prevailing inmate, as a taxable disbursement, the actual amount  of  any
 fee paid to commence the action or proceeding.
   5.  The provisions of this subdivision shall not apply to a proceeding
 commenced pursuant  to  article  seventy-eight  of  this  chapter  which
 alleges  a failure to correctly award or certify jail time credit due an
 inmate, in violation of section six hundred-a of the correction law  and
 section 70.30 of the penal law.
   § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law,  as  amended by section 38-f-1 of subpart A of part C of chapter 62
 of the laws of 2011, is amended to read as follows:
   (a) (i) Except as provided in subparagraph (ii) of this paragraph,  at
 least  one  month  prior  to  the date on which an inmate may be paroled
 pursuant to subdivision one of section 70.40 of the penal law, a  member
 or  members  as  determined  by  the rules of the board shall personally
 interview such inmate and determine whether  he  should  be  paroled  in
 accordance  with  the guidelines adopted pursuant to subdivision four of
 section two hundred fifty-nine-c of  this  article.  If  parole  is  not
 granted upon such review, the inmate shall be informed in writing within
 two  weeks of such appearance of the factors and reasons for such denial
 of parole. Such reasons shall be given in detail and not  in  conclusory
 terms.  The  board shall specify a date not more than twenty-four months
 from such determination for reconsideration, and the  procedures  to  be
 followed  upon  reconsideration  shall  be  the  same.  If the inmate is
 released, he shall be given a copy of the  conditions  of  parole.  Such
 conditions shall where appropriate, include a requirement that the paro-
 lee comply with any restitution order, mandatory surcharge, sex offender
 registration  fee  and DNA databank fee previously imposed by a court of
 competent jurisdiction that applies to the parolee. The conditions shall
 indicate which restitution collection agency established under  subdivi-
 sion  eight  of  section  420.10 of the criminal procedure law, shall be
 responsible for collection of  restitution[,  mandatory  surcharge,  sex
 offender  registration  fees  and  DNA  databank fees as provided for in
 section 60.35 of the penal law and section eighteen hundred nine of  the
 vehicle and traffic law].
   (ii)  Any  inmate who is scheduled for presumptive release pursuant to
 section eight hundred six of the correction law shall not appear  before
 the  board as provided in subparagraph (i) of this paragraph unless such
 inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
 rescinded  subsequently  as  provided  in  such  law. In such event, the
 inmate shall appear  before  the  board  for  release  consideration  as
 provided  in subparagraph (i) of this paragraph as soon thereafter as is
 practicable.
   § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
 of the laws of 2011, is amended to read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-

 A. 11083                            5
 
 view an inmate serving an indeterminate sentence and  determine  whether
 he  should be paroled at the expiration of the minimum period or periods
 in accordance with the procedures adopted pursuant to  subdivision  four
 of  section  two  hundred fifty-nine-c OF THIS ARTICLE. If parole is not
 granted upon such review, the inmate shall be informed in writing within
 two weeks of such appearance of the factors and reasons for such  denial
 of  parole.  Such reasons shall be given in detail and not in conclusory
 terms. The board shall specify a date not more than  twenty-four  months
 from  such  determination  for reconsideration, and the procedures to be
 followed upon reconsideration shall  be  the  same.  If  the  inmate  is
 released,  he  shall  be  given a copy of the conditions of parole. Such
 conditions shall where appropriate, include a requirement that the paro-
 lee comply with any restitution order and mandatory surcharge previously
 imposed by a court of competent jurisdiction that applies to  the  paro-
 lee.  The  conditions shall indicate which restitution collection agency
 established under subdivision eight of section 420.10  of  the  criminal
 procedure  law,  shall be responsible for collection of restitution [and
 mandatory surcharge as provided for in section 60.35 of  the  penal  law
 and section eighteen hundred nine of the vehicle and traffic law].
   §  13.  Subdivision  5  of  section 27.12 of the parks, recreation and
 historic preservation law is REPEALED and subdivision  6  is  renumbered
 subdivision 5.
   §  14.  Subdivision  4 of section 60.02 of the penal law is renumbered
 subdivision 3.
   § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of  section
 503  of  the vehicle and traffic law, as amended by section 3 of part PP
 of chapter 59 of the laws of 2009, is amended to read as follows:
   (i) When a license issued pursuant to this article, or a privilege  of
 operating  a  motor  vehicle  or  of  obtaining such a license, has been
 suspended based upon a failure to  answer  an  appearance  ticket  or  a
 summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
 ant  to subdivision three of section two hundred twenty-six, subdivision
 four of section two  hundred  twenty-seven,  OR  subdivision  four-a  of
 section  five  hundred  ten  [or  subdivision five-a of section eighteen
 hundred nine] of this chapter, such suspension shall  remain  in  effect
 until  a  termination  of a suspension fee of seventy dollars is paid to
 the court or tribunal that initiated the suspension of such  license  or
 privilege. In no event may the aggregate of the fees imposed by an indi-
 vidual  court  pursuant  to  this  paragraph  for the termination of all
 suspensions that may be terminated as a result of  a  person's  answers,
 appearances  or payments made in such cases pending before such individ-
 ual court exceed four hundred dollars. For the purposes  of  this  para-
 graph,  the various locations of the administrative tribunal established
 under article two-A of this chapter shall be  considered  an  individual
 court.
   §  16.  Section  4-411 of the village law, as amended by section 12 of
 part F of chapter 62 of the laws of 2003, is amended to read as follows:
   § 4-411 Disposition  of  fines  and  penalties.  Except  as  otherwise
 provided  by law, all fines and penalties imposed for the violation of a
 village local law, ordinance or regulation shall be the property of  the
 village,  whether  or  not  the  village  has  established the office of
 village justice. [Nothing in this section shall be deemed to affect  the
 disposition of mandatory surcharges, sex offender registration fees, DNA
 databank  fees  or  crime  victim assistance fees as provided by section
 60.35 of the penal law,  or  of  mandatory  surcharges  as  provided  by
 section  eighteen  hundred  nine  of  the vehicle and traffic law, or of

 A. 11083                            6

 fines, penalties and forfeitures as provided by section eighteen hundred
 three of the vehicle and traffic law relating to traffic offenses.]
   § 17. Subdivision 2 of section 837-i of the executive law, as added by
 chapter 166 of the laws of 1991, is amended to read as follows:
   2.  The commissioner in consultation with the chief executive officers
 of cities with a population in excess of one  hundred  thousand  persons
 according  to  the  nineteen  hundred  eighty United States census shall
 establish a system to record and monitor the issuance and disposition of
 parking tickets[, to monitor the collection of the  mandatory  surcharge
 required  by  section eighteen hundred nine-a of the vehicle and traffic
 law] and to receive information from cities for this purpose. Each  such
 city  shall  report on such parking violations on a monthly basis in the
 form and manner prescribed by the commissioner including, but not limit-
 ed to, the parking tickets issued, the dispositions of such tickets  and
 the   amount  of  fines[,]  AND  penalties  [and  mandatory  surcharges]
 collected. The commissioner shall  collect,  process  and  analyze  such
 information  and  present  periodic  reports  on  the parking violations
 enforcement and disposition program.
   § 18. Section 837-j of the executive law is REPEALED.
   § 19. Subdivision 1 of section 837-i of the executive law, as added by
 chapter 166 of the laws of 1991, is amended to read as follows:
   1. The commissioner, in  cooperation  with  the  commissioner  of  the
 department  of motor vehicles, and in consultation with the chief execu-
 tive officers of cities with a population in excess of one hundred thou-
 sand persons according to the  nineteen  hundred  eighty  United  States
 census  shall  prescribe the form and content of uniform parking tickets
 for such cities in all cases involving a parking, standing  or  stopping
 violation  as  defined  in  accordance with the vehicle and traffic law,
 hereinafter referred to as parking violations,  or  of  any  local  law,
 ordinance,  rule or regulation adopted pursuant to the vehicle and traf-
 fic law relating to parking violations. [Upon written application of the
 chief executive officer  of  any  such  city,  the  commissioner,  after
 consultation  with the commissioner of the department of motor vehicles,
 may authorize the use of a parking ticket other than the uniform parking
 ticket prescribed pursuant to this section if he or she determines  that
 use  of such other parking ticket is not inconsistent with, and will not
 diminish the effectiveness of, the parking  violations  enforcement  and
 disposition  program established pursuant to section eight hundred thir-
 ty-seven-j of this chapter, and may also authorize for a specified  time
 period  the  use  of  a parking ticket which was used by such city on or
 before the effective date of this section.]
   § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2  of
 section  235 of the vehicle and traffic law, as amended by section 18 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   (E) that submission of a plea of guilty to the parking violation makes
 the owner liable for payment of the stated fine and additional penalties
 imposed pursuant to paragraph b of this subdivision [and  the  mandatory
 surcharge of fifteen dollars imposed upon parking violations pursuant to
 section eighteen hundred nine-a of this chapter].
   §  21. Subdivision 4 of section 1203-g of the vehicle and traffic law,
 as added by chapter 497 of the laws of  1999,  is  amended  to  read  as
 follows:
   4.  Every  county  and  the  city of New York that establishes a hand-
 icapped parking education program shall establish a separate handicapped
 parking education fund in the custody of the  chief  fiscal  officer  of
 each  such  county  or  city, by April first, two thousand[, which shall

 A. 11083                            7

 consist of moneys granted to such county or  city  pursuant  to  section
 eighteen  hundred  nine-b of this chapter]. No provision of law shall be
 deemed to preclude a county or the city of New York from receiving funds
 [from  other  sources] to be deposited in the handicapped parking educa-
 tion fund, provided such funds are used in a  manner  and  for  purposes
 consistent with this section. The moneys of such fund shall be disbursed
 to  provide  education,  advocacy and increased awareness of handicapped
 parking laws and may be used to execute contracts with private organiza-
 tions for such purposes. Such contracts shall be  awarded  upon  compet-
 itive bids after the issuance of requests for proposal.
   § 22. Subdivision 2 of section 99-n of the state finance law, as added
 by chapter 223 of the laws of 2005, is amended to read as follows:
   2.  The  fund  shall  consist  of  all  monies  appropriated  for  its
 purpose[,] AND  all  monies  required  by  this  section  or  any  other
 provision of law to be paid into or credited to such fund[, collected by
 the  mandatory surcharges imposed pursuant to subdivision one of section
 eighteen hundred  nine-d  of  the  vehicle  and  traffic  law].  Nothing
 contained in this section shall prevent the department of motor vehicles
 from  receiving  grants  or other appropriations for the purposes of the
 fund as defined in this  section  and  depositing  them  into  the  fund
 according to law.
   §  23.  This  act shall take effect immediately; provided however that
 the amendments to subdivision (f) of section 1101 of the civil  practice
 law and rules made by section ten of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith; provided
 further,  however, that the amendments to paragraph (a) of subdivision 2
 of section 259-i of the executive law made by section eleven of this act
 shall be subject to the  expiration  and  reversion  of  such  paragraph
 pursuant  to  subdivision  d  of  section 74 of chapter 3 of the laws of
 1995, as amended, when upon such date the provisions of  section  twelve
 of  this  act  shall  take effect; and provided further however that the
 amendments to clause (E) of subparagraph 2 of paragraph a of subdivision
 2 of section 235 of the vehicle and traffic law made by  section  twenty
 of  this  act  shall not affect the expiration of such section and shall
 expire therewith.
 
                                  PART B
 
   Section 1. The penal law is amended by adding a new section  80.20  to
 read as follows:
 § 80.20 MANDATORY MINIMUM FINES PROHIBITED.
   NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A
 MANDATORY MINIMUM FINE.
   § 2. Section 1800 of the vehicle and traffic law is amended by  adding
 a new subdivision (j) to read as follows:
   (J)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED
 IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 80.05 of the penal law is amended by adding  a  new
 subdivision 7 to to read as follows:
   7.  INDIVIDUALIZED  ASSESSMENT.  WHEN  IMPOSING A FINE PURSUANT TO THE
 PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE  PROFIT  GAINED
 BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR-

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 TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY
 VICTIMS,  AND  THE  DEFENDANT'S  ECONOMIC  CIRCUMSTANCES,  INCLUDING THE
 DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME-
 DIATE  FAMILY  OR  ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI-
 GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A  FINE  THE  COURT  SHALL
 ESTABLISH  SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO
 CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1811 to read as follows:
   §  1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION,  THE  COURT  SHALL  CONSIDER  THE
 PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE
 IS  DISPROPORTIONATE  TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE
 IMPACT ON ANY  VICTIMS,  AND  THE  DEFENDANT'S  ECONOMIC  CIRCUMSTANCES,
 INCLUDING  THE  DEFENDANT'S  ABILITY TO PAY, THE EFFECT OF THE FINE UPON
 HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM  THE  DEFENDANT
 OWES  AN  OBLIGATION  OF  SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE
 COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND  REASONABLE
 TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
   § 3. This act shall take effect immediately.
 
                                  PART D
 
   Section  1.  Subdivisions  3  and  4 of section 420.10 of the criminal
 procedure law are REPEALED.
   § 2. Section 420.35 of the criminal procedure law is REPEALED.
   § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
 separately amended by chapters 233 and 506 of  the  laws  of  1985,  the
 second  undesignated  paragraph as amended by chapter 618 of the laws of
 1992, is amended to read as follows:
   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,  resti-
 tution or reparation it must:
   (a) Adjust the terms of payment; or
   (b)  Lower  the  amount  of  the fine, restitution or reparation TO AN
 AMOUNT THE DEFENDANT IS ABLE TO PAY, OR  REVOKE  IT  ENTIRELY  FROM  THE
 SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; 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  AND  THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY
 TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION  IN  EXCESS
 OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE.
   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

 A. 11083                            9

 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 limit-
 ed to, moneys in the possession of an inmate at the time of  his  admis-
 sion  into  such facility, funds earned by him in a work release program
 as defined in subdivision four of  section  one  hundred  fifty  of  the
 correction  law,  funds  earned  by  him  as provided for in section one
 hundred eighty-seven of the correction law and any other funds  received
 by  him  or  on  his behalf and deposited with the superintendent or the
 municipal official of the facility where the  person  is  confined.]  IN
 DETERMINING  WHETHER  AN  INCARCERATED  DEFENDANT IS ABLE TO PAY A FINE,
 RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER  INCOME  EARNED
 PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  ONE  HUNDRED  FIFTY OF THE
 CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION  ONE  HUNDRED  EIGHTY-
 SEVEN  OF  THE  CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON
 THE DEFENDANT'S BEHALF AND DEPOSITED  WITH  THE  SUPERINTENDENT  OR  THE
 MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
   § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
 amended by chapter 3 of the laws of 1995, is amended to read as follows:
   1.  Applicability.  The  procedure  specified  in this section governs
 remission of fines, restitution or reparation [in all cases not  covered
 by subdivision four of section 420.10].
   §  5.  The  criminal  procedure law is amended by adding a new section
 420.11 to read as follows:
 § 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS.
   1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE  DATE  OF  THIS  SECTION
 PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION THREE OF SECTION 420.10 OF
 THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE  OF
 THIS  SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35
 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE  DATE
 OF  THIS  SECTION  SOLELY  BASED ON THE ALLEGED FAILURE ON THE PART OF A
 DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE  SET  FOR  THE
 SOLE  PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE,
 DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA-
 TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO  BE
 NULL AND VOID.
   2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
 STATE  OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO
 FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS
 SECTION PURSUANT TO THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  SECTION
 420.10  OF  THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF  SUBDIVISION  ONE  OF
 SECTION  420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE  ALLEGED  FAILURE  ON
 THE  PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE
 SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION,
 SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL  OFFEN-
 DER  REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH
 PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF  ANY
 DEFENDANT  SUBJECT  TO  ANY  SUCH  WARRANT.    SUCH  PROCEDURES SHALL BE
 DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL  SUCH
 WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.

 A. 11083                           10
 
   3.  ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE
 OF THIS SECTION PURSUANT TO  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF
 SECTION  420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF  SECTION  420.10  OF
 THIS  ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE  ALLEGED
 FAILURE  ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A
 COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF,  A  FINE,  RESTITU-
 TION,  REPARATION,  SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE
 FEE, SEXUAL OFFENDER REGISTRATION  FEE,  OR  SUPPLEMENTAL  SEX  OFFENDER
 VICTIM  FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A
 SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY.
   4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
 STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH  PROCEDURES
 TO  FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION
 THREE OF SECTION 420.10 OF THIS  ARTICLE  AS  SUCH  SUBDIVISION  EXISTED
 PRIOR  TO  THE  EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS
 ARTICLE AS SUCH SECTION EXISTED PRIOR TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  BASED  SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT
 TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE,  DNA  DATABANK
 FEE,  CRIME  VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR
 SUPPLEMENTAL SEX OFFENDER VICTIM FEE.  SUCH PROCEDURES SHALL NOT REQUIRE
 ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH
 SENTENCE.
   § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
 amended by chapter 788 of the laws  of  1971,  is  amended  to  read  as
 follows:
   1. In general. When a sentence of imprisonment is pronounced, or [when
 th  sentence  consists  of  a  fine  and the court has directed that the
 defendant be imprisoned until  it  is  satisfied,]  the  defendant  must
 forthwith  be committed to the custody of the appropriate public servant
 and detained until the sentence is complied with.
   § 7. Subdivision 5 of section 430.20 of the criminal procedure law  is
 REPEALED.
   § 8. This act shall take effect immediately.
 
                                  PART E
 
   Section  1. All unsatisfied civil judgments issued prior to the effec-
 tive date of this act pursuant to the provisions  of  subdivision  5  of
 section 420.40 of the criminal procedure law solely based on the alleged
 failure  on the part of a defendant to timely pay, and/or to appear on a
 court date set for the sole purpose of payment of a surcharge, DNA data-
 bank fee, crime victim assistance fee, sexual offender registration fee,
 or supplemental sex offender victim fee are deemed to be null  and  void
 and, for all legal purposes, vacated and discharged.
   §  2.  The  office  of court administration, in consultation with such
 other state or municipal agencies as necessary, shall  establish  proce-
 dures  to  formally vacate and discharge all unsatisfied civil judgments
 entered prior to  the  effective  date  of  this  act  pursuant  to  the
 provisions of subdivision 5 of the criminal procedure law section 420.40
 solely based on the alleged failure on the part of a defendant to timely
 pay,  and/or  to  appear  on  a  court  date set for the sole purpose of
 payment of, a surcharge, DNA databank fee, crime victim assistance  fee,
 sexual  offender  registration  fee, or supplemental sex offender victim

 A. 11083                           11
 
 fee. Such procedures shall not require any affirmative  actions  on  the
 part  of  any defendant subject to any such civil judgment.  Such proce-
 dures shall be designed and implemented so as to accomplish the  vacatur
 and  discharge  of  all  such  civil  judgments within six months of the
 effective date of this act.
   § 3. Subdivision 3 of section 420.30 of the criminal procedure law  is
 REPEALED.
   § 4. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 420.10 of the criminal procedure law is amended by
 adding a new subdivision 9 to read as follows:
   9. IN NO CASE SHALL A FINE, RESTITUTION, OR  REPARATION  BE  COLLECTED
 OUT  OF  THE  FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING
 FUNDS EARNED BY THE PERSON IN A  WORK  RELEASE  PROGRAM  AS  DEFINED  IN
 SUBDIVISION  FOUR  OF  SECTION  ONE HUNDRED FIFTY OF THE CORRECTION LAW,
 FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED  EIGHTY-
 SEVEN  OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON
 OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT  OR  THE
 MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
   § 2. Section 154 of the correction law, as added by chapter 788 of the
 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
 62 of the laws of 2003, is amended to read as follows:
   § 154. Disposition of Earnings. The earnings of a prisoner participat-
 ing  in  a work release program, less any payroll deductions required or
 authorized by law, shall be deposited with the  department  in  a  trust
 fund  account.  Such  earnings  shall  not  be  subject to attachment or
 garnishment in the hands of the department. The commissioner is  author-
 ized to provide for disbursements from the trust fund account for any or
 all of the following purposes:
   1.  Such  costs  incident to the prisoner's confinement as the commis-
 sioner deems appropriate and reasonable.
   2. Such costs related to the prisoner's work release  program  as  the
 commissioner deems appropriate and reasonable.
   3. Support of the prisoner's dependents.
   [4.  Payment  of court fines, mandatory surcharge, sex offender regis-
 tration fee, DNA databank fee, restitution  or  reparation,  or  forfei-
 tures.]
   The  balance  of such earnings, if any, after disbursements for any of
 the foregoing purposes shall be paid to the prisoner upon termination of
 his imprisonment.
   § 3. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Subdivision 2 of section 205  of  the  correction  law,  as
 added  by section 32 of subpart A of part C of chapter 62 of the laws of
 2011, is amended to read as follows:
   2. A merit termination granted by the department  under  this  section
 shall  constitute a termination of the sentence with respect to which it
 was granted. No such merit  termination  shall  be  granted  unless  the
 department  is  satisfied  that termination of sentence from presumptive
 release, parole, conditional release or post-release supervision  is  in
 the  best interest of society[, and that the parolee or releasee, other-
 wise financially able to comply with an order  of  restitution  and  the

 A. 11083                           12

 payment  of  any  mandatory  surcharge  previously imposed by a court of
 competent jurisdiction, has made a good faith effort  to  comply  there-
 with].
   §  2.  Subdivisions  1 and 3 of section 259-j of the executive law, as
 amended by section 38-g of subpart A of part C of chapter 62 of the laws
 of 2011, are amended to read as follows:
   1. Except where a determinate sentence was imposed for a felony  other
 than  a  felony  defined  in  article  two hundred twenty or article two
 hundred twenty-one of the penal law, if the board of parole is satisfied
 that an absolute discharge from presumptive release, parole, conditional
 release or release to a period of post-release  supervision  is  in  the
 best interests of society, the board may grant such a discharge prior to
 the  expiration  of  the full term or maximum term to any person who has
 been on unrevoked community supervision for at least  three  consecutive
 years.  A discharge granted under this section shall constitute a termi-
 nation of the sentence with respect to which it was  granted.  [No  such
 discharge  shall be granted unless the board is satisfied that the paro-
 lee or releasee, otherwise financially able to comply with an  order  of
 restitution  and  the  payment  of any mandatory surcharge, sex offender
 registration fee or DNA databank fee previously imposed by  a  court  of
 competent  jurisdiction,  has  made a good faith effort to comply there-
 with.]
   3. Notwithstanding any other provision of this section to the  contra-
 ry, where a term of post-release supervision in excess of five years has
 been  imposed  on  a  person convicted of a crime defined in article one
 hundred thirty of the penal law, including a sexually motivated  felony,
 the  board of parole may grant a discharge from post-release supervision
 prior to the expiration of the maximum term of post-release supervision.
 Such a discharge may be granted only after  the  person  has  served  at
 least  five  years of post-release supervision, and only to a person who
 has been on  unrevoked  post-release  supervision  for  at  least  three
 consecutive  years.  No such discharge shall be granted unless the board
 of parole or the department acting pursuant to its responsibility  under
 subdivision  one  of  section  two  hundred  one  of  the correction law
 consults with any  licensed  psychologist,  qualified  psychiatrist,  or
 other  mental  health professional who is providing care or treatment to
 the supervisee; and the board[: (a)] determines that  a  discharge  from
 post-release  supervision  is in the best interests of society[; and (b)
 is satisfied that the supervisee, otherwise financially able  to  comply
 with an order of restitution and the payment of any mandatory surcharge,
 sex  offender  registration fee, or DNA data bank fee previously imposed
 by a court of competent jurisdiction, has made a good  faith  effort  to
 comply  therewith].  Before making a determination to discharge a person
 from a period of post-release  supervision,  the  board  of  parole  may
 request  that  the commissioner of the office of mental health arrange a
 psychiatric evaluation of the supervisee. A discharge granted under this
 section shall constitute a termination of the sentence with  respect  to
 which it was granted.
   § 3. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  All orders issued prior to the effective date of this act
 directing payment by a defendant of a surcharge, DNA databank fee, crime
 victim assistance fee, sexual offender registration fee, or supplemental
 sex offender victim fee are deemed to be null and void and, such  orders

 A. 11083                           13
 
 are  for  all  legal purposes, vacated and discharged.  Pursuant to this
 section, any existing encumbrances on  commissary  accounts  or  similar
 accounts  held  by  a correctional facility, jail, or detention facility
 shall be lifted and deemed null and void.
   § 2. This act shall take effect immediately.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through H of this act shall be
 as specifically set forth in the last section of such Parts.