Allows a court to waive certain surcharges and fees; repealer

Title of bill

An act to amend the criminal procedure law, in relation to allowing a court to waive certain surcharges and fees; and to repeal certain provisions of such law relating thereto

Purpose

: This legislation would allow the court to waive certain surcharges and fees when it is determined that the defendant is unable to pay.

Summary of provisions

: Section 1 of the bill amends the criminal procedure law to allow a court to waive any mandatory surcharge, additional surcharge, town or village surcharge, the crime victim assistance fee, DNA databank fee, sex offender registration fee and/or supplemental sex offender victim fee when the court finds that: (1) the imposition of such surcharge and/or fee would work an unreasonable hard- ship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support; (2) after considering the goal of promoting successful and productive reentry and reintegration as set forth in subdivision 6 of section 1.05 of the penal law, the imposition of such surcharge and/or fee would adversely impact the defendant's reintegration into society.

Justification

: As a report by the Center for Community Alternatives points out, the financial consequences of a criminal conviction can present a significant roadblock to the successful reentry and reintegration of a convicted person. The report, "Sentencing for Dollars: The Financial Consequences of a Criminal Conviction," explains that when viewed in isolation, these financial penalties may appear to be a good source of revenue and a way to shift costs from the "taxpayer" to the "offender." Financial sanctions may also give the appearance of being "tough on crime." However, these penalties look quite different when considered in their totality and in the context of their impact on the person convicted and his or her family.

Over the past decade we have become increasing aware of the challenges faced by people reentering the community from prison and the challenges faced by communities and families receiving formerly incarcerated people. The numbers of people returning home each year is staggering and the challenges they face are daunting and include poverty, health and mental health problems, lack of education and employment experiences and collateral consequences that impede access to jobs and education. The hurdles to reintegration caused by the financial consequences of criminal convictions are among the least recognized but may have some of the most far reaching impacts as these debts become civil liabilities, and are entered onto credit records that are increasingly accessible to employers.

Before 1995, a court had the discretion to waive the mandatory surcharge for defendants who were unable to pay. However, current law does not allow for such a waiver even in cases where the defendant is indigent and unable to pay. Therefore, this bill would return the discretion to judges to waive certain fees and surcharges in cases where the defendant is unable to payor when the imposition of such fees or surcharges would be incompatible with the defendant's successful reentry.

Legislative history

: A11348 (2008) referred to codes.

Fiscal implications

To be determined.

Effective date

: This act shall take effect immediately.