The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4183
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by M. of A. BURGOS, REYES, SEAWRIGHT, SIMON, STECK, EPSTEIN,
   L. ROSENTHAL, FORREST, MAMDANI, CRUZ, GONZALEZ-ROJAS, AUBRY,  JACKSON,
   BURDICK,  GALLAGHER, MITAYNES, LAVINE, KELLES, SEPTIMO, RIVERA, MEEKS,
   WALKER, GIBBS, COOK, HEVESI -- read once and referred to the Committee
   on Codes

 AN ACT to amend the civil practice law and rules, the executive law, the
   correction 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 correction law, the parks, recreation and histor-
   ic preservation law, the executive law and the environmental conserva-
   tion  law  relating  thereto  (Part A); to amend the penal law and the
   vehicle and traffic law, in relation to prohibiting 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 elimi-
   nating 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 incarcera-
   tion  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  relating  thereto
   (Part  E); to amend the criminal procedure law, in relation to prohib-
   iting 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); and in relation  to  vacating  all
   existing unpaid surcharges, DNA databank fees, crime victim assistance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00485-02-3
 A. 4183                             2
 
   fees,  sexual offender registration fees, or supplemental sex offender
   victim fees (Part G)
 
   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,
 mandatory  minimum  fines  and mandatory probation or parole fees.  This
 act further enacts into law procedures by which courts would be required
 to engage in an individualized assessment of a person's financial abili-
 ty 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 G. 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  effec-
 tive 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. The opening paragraph of  paragraph  2  of  subdivision  (f)  of
 section  1101 of the civil practice law and rules, as amended by chapter
 322 of the laws of 2021, is amended to read as follows:
   If the court determines that the incarcerated individual has  insuffi-
 cient  means to pay the full filing fee, the court may permit the incar-
 A. 4183                             3
 
 cerated individual 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 incarcerated
 individual can reasonably afford or shall authorize no  initial  payment
 of the fee if exceptional circumstances render the incarcerated individ-
 ual unable to pay any fee; provided however, that the difference between
 the  amount  of the reduced filing fee and the amount paid by the incar-
 cerated individual in the initial  partial  payment  shall  be  assessed
 against  the  incarcerated individual as an outstanding obligation to be
 collected either by the superintendent or the municipal official of  the
 facility  at  which the incarcerated individual 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 incarcerated individual is housed of  the  amount  of
 the reduced filing fee that was not directed to be paid by the incarcer-
 ated  individual.  Thereafter, the superintendent or the municipal offi-
 cial shall forward to the court  any  fee  obligations  that  have  been
 collected, provided however, that:
   § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law,  as amended by chapter 322 of the laws of 2021, subparagraph (i) as
 amended by chapter 486 of the laws  of  2022,  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  incarcerated  individual
 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 incarcerated individual and determine  whether
 he  or  she  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  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  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  reconsider-
 ation  shall be the same. If the incarcerated individual is released, he
 or she shall be given a copy of the conditions of  parole.  Such  condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 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]. If the incarcerated individual is released, he
 or  she  shall also be notified in writing that his or her voting rights
 will be restored upon release.
   (ii) Any incarcerated individual  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 incarcerated individual's scheduled presump-
 tive release  is  forfeited,  canceled,  or  rescinded  subsequently  as
 A. 4183                             4
 
 provided  in  such law. In such event, the incarcerated individual shall
 appear before the board for release consideration as provided in subpar-
 agraph (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 chapter 486 of the laws of 2022, 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-
 view  an  incarcerated  individual serving an indeterminate sentence and
 determine whether he or she 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  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  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  reconsider-
 ation  shall be the same. If the incarcerated individual is released, he
 or she shall be given a copy of the conditions of  parole.  Such  condi-
 tions  shall  where  appropriate, include a requirement that the parolee
 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].  If
 the  incarcerated  individual is released, he or she shall also be noti-
 fied in writing that his or her voting  rights  will  be  restored  upon
 release.
   §  12-a.  Section  257-c  of  the  executive law is REPEALED and a new
 section 257-c is added to read as follows:
   §  257-C.  PROBATION  FEES  PROHIBITED.  NOTWITHSTANDING   ANY   OTHER
 PROVISION  OF  LAW,  NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY
 SERVING OR WHO  SHALL  BE  SENTENCED  TO  A  PERIOD  OF  PROBATION  UPON
 CONVICTION  OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN
 ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING  FEE,  TESTING  FEE,  OR
 SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY
 OF  SUPERVISING  THE  PROBATIONER.  NOTHING  IN  THIS  SECTION  SHALL BE
 CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS  PURSUANT  TO
 SECTIONS  65.10  AND  60.27  OF  THE  PENAL LAW AND SUBDIVISION EIGHT OF
 SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW.
   § 12-b.  Paragraph  (a)  of  subdivision  2  of  section  205  of  the
 correction  law,  as  amended  by  chapter  491  of the laws of 2021, is
 amended to read as follows:
   (a) 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
 payment  of  any  mandatory  surcharge  previously imposed by a court of
 A. 4183                             5

 competent jurisdiction, has made a good faith effort  to  comply  there-
 with].
   § 12-c. 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 satis-
 fied that an absolute discharge from presumptive release, parole, condi-
 tional 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  consti-
 tute a termination of the sentence with respect to which it was granted.
 [No  such  discharge shall be granted unless the board is satisfied that
 the parolee 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
 therewith.]
   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.
   §  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:
 A. 4183                             6
 
   (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],
 pursuant  to subdivision three of section two hundred twenty-six, subdi-
 vision 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, OR
 appearances [or payments] made in such cases pending before  such  indi-
 vidual 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
 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
 A. 4183                             7
 
 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 separately added by chap-
 ters 421, 460, and 773 of the laws  of  2021,  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
 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 subdivision and shall be deemed to expire therewith; and
 provided further, however, that  the  amendments  to  paragraph  (a)  of
 A. 4183                             8
 
 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.
 
                                  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 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-
 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. Collection and reporting on data relating to fines. (a) It  shall
 be  the  duty  of a court of record or administrative tribunal to report
 data to the division of criminal justice services on the disposition and
 collection of all fines imposed pursuant to the penal  law  and  vehicle
 and traffic law. Such data shall include, at minimum, information on the
 number  of  fines  imposed;  the provision of law pursuant to which each
 fine was imposed; the amount of the fine;  the  court  that  issued  the
 fine; the outcome of any individualized assessment conducted pursuant to
 section  80.05 of the penal law or section 1811 of the vehicle and traf-
 fic law; the amount of the fine that has been  paid,  if  any;  and  the
 A. 4183                             9
 
 race,  ethnicity,  age,  and  sex  of  the  person for whom the fine was
 imposed.
   (b)  All  data  collected  pursuant  to this section shall be a public
 record. The division shall be charged with compiling  such  data  in  an
 annual report to be made available on the division's website.
   § 4. 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, the closing paragraph as amended by chapter 322  of  the  laws  of
 2021, 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
 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  incarcerated  individual  at  the
 time  of his or her admission into such facility, funds earned by him or
 her in a work release program as defined in subdivision four of  section
 one  hundred  fifty of the correction law, 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 the superintendent  or  the  municipal  official  of  the
 facility where the person is confined.]
 A. 4183                            10
 
   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.
   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
 A. 4183                            11
 
 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 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 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 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:
 A. 4183                            12
 
   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.  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,  supplemental
 sex offender victim fee, probation supervision fee or parole supervision
 fee  are  deemed  to be null and void and, such orders are for all legal
 purposes, vacated and discharged.  Pursuant to this section, any  exist-
 ing  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 G of this act shall be
 as specifically set forth in the last section of such Parts.