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NY A04183
Bill
Status
2/10/2023
Primary Sponsor
Kenneth Burgos
Click for details
AI Summary
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Eliminates court surcharges and fees, probation fees, and parole supervision fees while removing requirements that parolees demonstrate financial ability to comply with restitution orders to receive sentence discharge or merit termination.
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Prohibits mandatory minimum fines for all penal law and vehicle and traffic offenses, and requires courts to conduct individualized assessments of defendants' financial ability to pay before imposing fines.
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Voids all existing warrants and sentences of incarceration issued solely for failure to pay fines, surcharges, or fees, with the Office of Court Administration required to formally rescind these within six months; prohibits incarceration as a remedy for non-payment going forward.
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Vacates all existing unsatisfied civil judgments and unpaid surcharges, DNA databank fees, crime victim assistance fees, and sexual offender registration fees issued prior to the bill's effective date.
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Prohibits collection of fines, restitution, or reparation from incarcerated persons' funds, including work release earnings, and repeals provisions allowing such collections from prisoner earnings.
Legislative Description
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates 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 A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).
Last Action
enacting clause stricken
7/22/2024