§ 420.40 Deferral of a mandatory surcharge; financial hardship hearings.

1. Applicability. The procedure specified in this section governs the
deferral of the obligation to pay all or part of a mandatory surcharge,
sex offender registration fee or DNA databank fee imposed pursuant to
subdivision one of section 60.35 of the penal law and financial hardship
hearings relating to mandatory surcharges.

2. On an appearance date set forth in a summons issued pursuant to
subdivision three of section 60.35 of the penal law, section eighteen
hundred nine of the vehicle and traffic law or section 27.12 of the
parks, recreation and historic preservation law, a person upon whom a
mandatory surcharge, sex offender registration fee or DNA databank fee
was levied shall have an opportunity to present on the record credible
and verifiable information establishing that the mandatory surcharge,
sex offender registration fee or DNA databank fee should be deferred, in
whole or in part, because, due to the indigence of such person the
payment of said surcharge, sex offender registration fee or DNA databank
fee would work an unreasonable hardship on the person or his or her
immediate family.

3. In assessing such information the superior court shall be mindful
of the mandatory nature of the surcharge, sex offender registration fee
and DNA databank fee, and the important criminal justice and victim
services sustained by such fees.

4. Where a court determines that it will defer part or all of a
mandatory surcharge, sex offender registration fee or DNA databank fee
imposed pursuant to subdivision one of section 60.35 of the penal law, a
statement of such finding and of the facts upon which it is based shall
be made part of the record.

5. A court which defers a person's obligation to pay a mandatory
surcharge, sex offender registration fee or DNA databank fee imposed
pursuant to subdivision one of section 60.35 of the penal law shall do
so in a written order. Such order shall not excuse the person from the
obligation to pay the surcharge, sex offender registration fee or DNA
databank fee. Rather, the court's order shall direct the filing of a
certified copy of the order with the county clerk of the county in which
the court is situate except where the court which issues such order is
the supreme court in which case the order itself shall be filed by the
clerk of the court acting in his or her capacity as the county clerk of
the county in which the court is situate. Such order shall be entered by
the county clerk in the same manner as a judgment in a civil action in
accordance with subdivision (a) of rule five thousand sixteen of the
civil practice law and rules. The order shall direct that any unpaid
balance of the mandatory surcharge, sex offender registration fee or DNA
databank fee may be collected in the same manner as a civil judgment.
The entered order shall be deemed to constitute a judgment-roll as
defined in section five thousand seventeen of the civil practice law and
rules and immediately after entry of the order, the county clerk shall
docket the entered order as a money judgment pursuant to section five
thousand eighteen of such law and rules.