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Financial Consequences of Criminal Convictions Chart Fordham Law School 2009

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FORDHAM UNIVERSITY SCHOOL OF LAW
THE FEERICK CENTER FOR SOCIAL JUSTICE
APRIL 2009

FINANCIAL CONSEQUENCES OF CRIMINAL CONVICTIONS CHART
This chart provides a summary of the financial consequences that people who are
convicted of a crime may face as a result of that conviction. Often times, convictions have
various fines, fees and surcharges that are included with them automatically or restitution
and child support obligations that are ordered by the court. If this debt is not paid, it can
accumulate, become very difficult to pay and affect a person's employment options, credit
applications, and one's ability to obtain loans and housing. Understanding that there

are financial consequences of convictions can help people avoid the potential
negative consequences that result from unpaid fines, fees, surcharges, child
support and restitution.
ThiS chart contains information regarding the range of debt that is allowed by law as well
as options to have that amount reduced or waived. Each page of the chart references the
range of fines, fees or surcharges that may be relevant depending on your conviction. It
then provides the specific consequences that may result if that debt is left unpaid. Lastly,
it provides options, if available, to have the debt reduced or waived. The chart also
contains legal definitions and citations which will help provide you with a full picture of the
relevant laws. Each page has its own references, by number, at the end of the document
(citations). Please refer to the appropriate section and number to find the relevant
information. Please Note: each fine, fee and surcharge is separate and receiving one as
part of a conviction does not mean you will not receive others as result of the same or
different convictions.

TABLE OF CONTENTS:
I. FINES
II. MANDATORY SURCHARGES AND FEES,
III.CHILD SUPPORT AND CIVIL PENALTIES
IV.VICTIM REsnnmON
V. DEFINmONS
VI. LEGAL CITATIONS/EXPLANATIONS
DISCLAIMER: This memorandum is for information only and is not intended as legal advice. It is solely for the
purposes of providing a general overview of financial consequences of a conviction and is no/ meant to be
exhaustive. Please review the law cited for all of the specific financial consequences of a conviction. Please
contact your lOCal community-based organization that provides services for individuals who have been
convicted of a crirM or an attorney for legal advice relating to the col/a/eral consequences of e conviction.

FINANCIAL CONSEQUENCES
CHART

I

--;
FELONY

7

...... '"

The ilIJlOI.Kll: d lhe line

"""'"

~d:

I. $5,000; «
b. double the i/TlOI.II'It d
)'Ol.II'

gm from lhe

ame;or
""""""'
" "'"15
c. the

If
COl'WIcllCln tOt
allY drug~ feOly:

(I) for A-I felonies;
$100,000;
(I) ror A-II reIonles:
$50,000;
(.) for 8 telonles:
$30,000;
(tv) for C felorlle5:
$15,000.'

I. FINES'

"(

MlSOEM~ANO

I

VIOlATION

1.

~

llW'AC
INRlACTlON

TlWF'C
HISOEHEANOR

/

oass A rMdemeilOOl': Not to exceed
$1,000, except tNt In some

IndMduall"ines can
range from $75·

~theamounr.lMV ~

double the v.Jk.oe d the property
~ disposed d In the
a:mmI5sIon d the aIme.
2. oass B I'I'liSt1ernNnc Not to exceed

~by15to

'500.

/1lJlTlber d prior

$2000 and can be

180 days ln~

-"''''

-"""",

J. ~ ml:sdemeaoor: In
KalI'dance W'dllhe prcMslons d the

IIxed tkne period,
type d 'ItoIaIIon. and
the type r:J 'o'thIde
you wen! optr1Jtlno;J••

law or ordinance that det'wles the crime.
4. VIolation: Not fD exceed $250.
(or 1$ specIl«Iln lhe law or ordin.JIU
that defRs the otrense).
5. AItemattYe sentence: you may be
senteneecI to ~ an amount wtllch
cannot exceed doubll! the amount d
your gain from the commission d the

A'les can range from up
to $300 tor a 1'lrsl
WrcKtlon .00 up to
S2SOC1 tor subsequent
WrKtlon$. This tine can
be~bylS

days to 1 year In }Ill
~lclillig on the

.....-,,"""

COI"I'o'IcIIOr witt*l II
tbtecI tkne period, type
d 'o4oliUon, MId the
type d vehlde you wert

"TRAFFIC FElONY

I

1. If you iltt' corMCted
d II da:5s E felony, you
wlI be subject to a line
d nolless ttI¥l $1,000
and not mon! than
$5,000.
2. If you ~ been

COIMCted d , class 0
Felony, you wi be
5U:J)ect to /I line 01 not
less tflall $2,000 and
not more than
$10,000.'

oper~.~

otrense. Note: ,ltemative sentences can
be IppIled to any misdemeanor or

"""""'.'

WHAT CAN YOU DO?

Request to be resentenced: If the toul1.l$ satisfied that you cannot pay the fine, It can: (1) adjust: the terms of payment; (2) lower the amount of fine; (3)
revolle the patt of tile sentence Imposing the
or (4) revoke the entire sentence alld resentence you.'
ClII.1tlon: When you ask the court to resentence you, the court may Impose any sentence It could nave orIgh'\alry Imposed, except lt1at lt1e amount of any
fine Imposed mfy not be In excess of tile amount you are abkl to pay.'Therefore, It Is possible that the court may sentence you to a longer term of

"rie,

Imprisonment, while reducing your financial penattles,
WHAT HAPPENS If YOU DON'T PAY:
TERM OF IMPRISONMENT, OVIL JUDGMENT eo. GARNISHMENT OF YOUR INMATE ACCOU~

Term of Imprisonment:
felony: Term of Imprisonment may
not ellCHd one rear.'o
MIsdemeanor: Term d
Imprisonment may not exceed 1/3 d
the maxlmum a~ tem'I of
imprisonmenLII
Violations "nd traffic infrlM;tions:
Term d mprisonment may not
exCft'Cl MI!«I days. U

Civil Judgment:
AciYll judgment is an order by the
court mandatlng that you pay a
0!lUln amoont alld 0l05liMes Ddebt
that takes prlortty O'm" att d your
other ~ except taxes alld

""""'"

-

GDcohjhment of yoyr Inmate
ACCQyotflncome Execution·
Wage gamlshmel1t is a legal procedure In
which a person's earnings are required by
court order to be wittIht:ld by an employer
for the payment of a debl.. In New Yor1t. Oty,
wig! garnlshment is IIso know as "income
ex«utIon." Garnishment can also occur
¥oiliIe you are ~n:ercrted, as the
mrreaIonal department can talIe money out
d your Inmate MXXlUDt to satlsfy a debt.

Please see the "Definitions" and "Citations" pages at the end of
the chart for further explanations.

2

FINANCIAL CONSEQUENCES
CHART
11. SURCHARGES AND FEES ...__

FEES GENERAliY:
e.x, DNA DatalJimk Fee,
se. CM'I'ender Fee 0(

...

otme Victim As$IStanr;e

Amounts rIInge from $25

to

,JOO'

AmourltS range from $20 to
$170.' (In <tddltJon to

mandatory fees)

PAAOU'
SUPERVlS[ON
FEEs'

f>RoeAnON
SUPERVISION

FEes'

'

One-time fees (per
o/'fef1se): ~ range
from $5 to $1000.

,

Recurring fee: $1!wk

WHAT CAN YOU D07

1. As of 2004, ur1Clef most
drcumstallCe5, the sex offender
registration fee, the DNA llimIbank
fee, the crime victim asslstaroce fee
and mandatory SlJrt/l.lrges cannot bl!
wa;...oo by the j...:lQe. If you hav'e
made prior victlm restiMlon,

however, VOO are rIOt required to pay
II mandaiOf)' wrchiIflIl! 01" clime
victim assistaoc.e fee
2. Req...est to bl! resentenced
3. Request a deferral'

..-

Seek lf9<Il coonsei If probation is charging you a
supervision fee and you were oot convicted of
operating a motor vehide wMe under the InnlJefll:e
drugs, or If you were coovicted of SlJCh an
offense and probation is charging VOO a
SlJpeNi$Dn fee In exte$S of this amoont. (Keep In
mind, however, that If Family COurt has ordered
the probation department to conduct an
lnve:stig<ltIon to aid the court In the determination
of custody and visitation of minors, then the
probation departml!1lt can also Impose a (ee that
may rIInge from $50 to $500. The amoont of the
(ee shoUld be based on your a~lity to pay),o
01"

Apply fOl" a waive! for all 01" part of
the fee.
The departmeot will waivt! all or
part of VOO' fee when VOO can
$hOw that payment of the fee
wool(! cause unreasonable
fir.mdal harm on \'OIl, \'OIl!
Immediate family, or any other
person who Is dependent on VOO
klr f'fI<Inc:ia1 SlJpport"

WHAT HAPPENS IF YOO DON" PAY (or a waiver is not granted)

Garnlsllroent The state can
take mooey from VOOr Inmate
occoont (und Of from the
mooey earned rrom the work
release Pf'OlIram to PiI'I off
mandatOf)' SlJtch<lrges or (res
2. Imprisonment: failure to
pay the mandatOf)' surtharge,
sex offender registriltlon fft:,
or DNA databank fee can
result in a maximum of 15
days of Imprisonment (In
ilddiUon to any other"
sentence), but only If the
court finds that the payment
wool(! not be an unreasonable
hardship on you 01" your
1.

-"

[n

order to collect the

debt, the state can
enforw payment
thrCllJOh 110'( Ie9aI
means, I.e.civll
jl.ldgment,. w<lge
!I'lmlVunent,. ete:1l

Early discharge
from paroll!
rele<lse m<IY rIOt
be granted it you
hIM! rIOt paid
your order of
restitution,

~""""

SlJrchllrge, sex

"'-

reistratlon fee or
DNA databank

(ee"

3. Ovil Judgment"

3

FINANCIAL CONSEQUENCES
CHART
iii. CHILO SUPPORT,

OUTSTANDING
CHILD SUPPORT
PAYMENTS'

--------

'\

PENALTIES AND
ASSESSMENTS

~ ,,"".

RE$PON5161LllY
ASSESSMENTS

CIVIL PENALTIES FOR
CERTAIN ALCOHOL 11
TRAffiC OffENSES'

/

1

Varies by child

0vII

pcIIiI~leS

The assessments ~
from $lOOper \'11&I" for 3
yean for the IIr$I $b<

rooge

from $125 to $750.'

"=' """"

/

points (and M add;lional
$25 for each iIdditIco:lal
pcMr1t) to $250 per year for

3 yei\I'S.'

WHAT CAN YOU OO?

7
Seek downward
modification, but
keep In mind your
cl1l1d support
obli9ations will not
be lessened Just
beause or yoor
locarce<atlon. f

There Is no
IrxHcatioo that

There Is no
Indicatlon that civil
penalties can be
t"e{luced or waived.

'''''''

respoosJbility
assessments can be
reduced or waived.

I

I

I

WHAT HAPPENS IF YOU OON'T PAY

'\.
I. Wage garnishment
2. Drivir\9 privileges

~-

3. Suspension or
professional, busJness
and recreational licenses
4, In some
drcumstarlCes, arrears
can be collected from tax
refunds,'
S. Imprisonment: failure
to pay child support may
result in up to 6 months
iocarcel'iltlon.'
6. Garnishment of your
Inmate account'
7. Inability to obtain a
U.S. Passport'o

I

I
J

You cannot
apply ror a
new driver's
license until
civil penalties
or tramc fines
have been
paid."

I

Failure to pay
will result in a
suspension of
driver's license
or privileQe of
obtainir\9 a
license until paid
in full. ll

I

\

4

FINANCIAL CONSEQUENCES
CHART

IV. VIcnM RESTITUTION

/

1
FelONY INVOLVING THE SAlE
OF A CONTROllED SUBSTANCE

FELONY

~

ornER

OFFENSES

~

• If there is no victim, restitutlon Is paid to the law
enforcement agency that spent funds on the
purdlase of a controlled substance from you as part
of the Investigation leading to conviction.

• The restitution owed Is limited to the amount spent
minus the amount that has or will be recovered.
There is no surctlarae reaulred,z

Up to $15,000 1

~

• The court may increase the
restitution amount to above these
limits as long as the excess amount
is limited to the return of the victim's
property and reimbursement of

Up to $10,~

medical expenses.
• You have to pay a S'llrlO%
surcharge to the CJf9anizatlon that is
collecting and administering the
restitution. ~

.I
WHAT CAN YOU DO?
L~:

If you are required to pay more than a 5% surcharge, you can apply tor a waiver, and If the judge determines that you cannot pay more than
5% because the additional surcharge would cause undue hardship to you, or any other person who Is financially supported by you, or would
otherwise not be In the interest of justice., you will not have to pay the additional amount. s
2, Beqyest to be resentenced:
!f the court Is satisfied that you cannot pay the restitution, It can: (1) adjust the terms of payment; (2) lower the amoont of restitution; (3)
revoke the part of the sentence imposing restitution; or (oll revoke the entire sentence and resentence you. 6
~: When you ask. the court to resentence you, the court may Impose any sentence it could have originally imposed, except that the
amoonl of any restitution imposed may not be In excess of the amoont you are able to pay.' Therefore, It Is possible that the court may
sentence you to a longer term of Imprisonment:. while redudng your financial penalties.

WHAT HAPPENS IF YOU DON'T PAY:
OVIL JUDGMEfolT,' GARNISHMENT OF YOUR INMATE ACCOUNT' & TERM OF IMPRlSIONMEfolT lo :

Tenn of Imorisonment:
f$mI.: Term d imprisonment may
not exceed one year. II
Misdemeanor: Term d Imprisonment
may not exceed 1/3 d the maximum
authorized term of imprisonment. Il
Yiolatioos and traffic jofrpctjoos: Term
of imprisonment may not exceed
fifteen days.U

Civil Judgment
A civil judgment Is an order by
the court mandating that you pay
a certain amount and COflstilutes
a debt that takes priority over all
of your other obligations except
taxes and previous judgments.

Garnishment of your Inmate
Account/Income EXecution Wage garnishment is a legal procedure In
whictI a person's earnings are required by
court order to be witttleld by an employer for
the payment d a debt In New York City,
wage garnishment Is also know as "income
execution.- GarniShment can also occur while
yOU are incarcerated, as the correctional
department can take money out of your
inmate account to satisfy a debt.

I Please s99the ·Oefinitlons· and ·Citations· pages It the end Of the chlrt for further 6xpllnltlons,

5

FINANCIAL
CONSEQUENCES CHART
DEFINITIONS
Term

MeaninQ
A civil judgment is an order by the court mandating that you pay a certain amount and constitutes a debt
that takes priority over all of your other obligations except taxes and previous judgments. (Columbia
Encyclopedia, http://www.answers.com/topicJjudgment). Even if you serve a prison term for failure to
pay, you remain responsible for paying your financial penalties. Unpaid fines, fees, mandatory
surcharges, child support orders. and restitution can become a civil judgment subject to civil collection
which means nonpayment may affect your credit Debts that show up on your credit report can affect
employment opportunities since many employers are using credit reports to screen applicants. Your
credit report can also affect housing as landlords are also using credit reports to screen tenants. N.Y.

C.P.l. § 420.10; Alan Rosenthal, et aI., ·Sentencing For Dollars: The Financial Consequences. of a
Criminal Conviction~ (Bankruptcy is not applicable to debts incurred through the financial penalties of
your
conviction, which means that these penalties will remain on your credit report until you make
Civil Judgment
payment in full.); New York State Unified Court System, New York City Civil
Court: Collecting the Judgment, http://www.nycourts.gov/courtslnycJcivillcoliectingjud9_shtml# collecting,
N.Y. C.P.L.R. § 5004 ("Interests shall be at the rate of nine per centum per annum, except where
otherwise provided by statute.")
Other possible outcomes: your bank account or wages may be garnished (see wage garnishment
definition) until judgment is paid; lien, seizure andlor sale of your real property and/or personal property,
including automobiles; suspension of your license until the judgment is paid (if your case was based on
your ownership or operation of a car, the judgment is more than $1,000 and unpaid for more than 15
days).There is a 9% statutory interest on civil judgments.
Additional charges for people who have been convicted of certain alcohol or automobile offenses. Alan
Civil Penalties Rosenthal, et al., "Sentencing For Dollars: The Financial Consequences of a Criminal Conviction"
(Center For Community Alternatives, Justice Strategies) (February 2007) at page 12.
Deferral

Postponement; delay. (Black's Law Dictionary). If you are indigent, you can ask to defer the payment of
the mandatory surcharge due to the hardship it would pose you and your family. Even if deferred, the
amount owed becomes a civil iudQment and you still owe it.N.Y. C.P.L. 6420.40.
Decrease the amount that you are required to pay.

Downward
Modification
Driver
Any person who accumulates 6 or more points on their driving record within 18 months is liable to pay a
Responsibility driver responsibility assessment to the Department of Motor Vehicles. N.Y. Veh. & Traff. § 503(4)(a).
Assessments
A serious crime usually punishable by imprisonment for more than one year or by death. (Black's Law
Felony
Dictionarv); N.Y. Penal Law 610.00.
A monetarv criminal punishment avable to the public treasurv. (Black's Law Dictionarv)
Fine

6

Confinement in prison. (Black's law Dictionary). When the court directs that the defendant be
imprisoned until the fine, restitution or reparation be satisfied, it must specify a maximum period of
imprisonment, subject to the following limitations: (1) For a felony, the period may not exceed one year;
(2) For a misdemeanor, the period may not exceed 1/3 of the maximum authorized term of
imprisonment; (3) For a petty offense, the period may not exceed fifteen days; (4) The prison sentence
for failure to pay restitution plus the prison sentence for the underlying crime cannot exceed the
Imprisonment maximum authorized term of imprisonment for the underlying crime. N.Y. C.P.l. § 420.10; see Bearden
for failure to v. Georgia, 461 U.S, 660 (1983) (holding that a court must find willful non-payment to use imprisonment
as a sanction to enforce collection, and that if you prove that you are unable to pay and have made bona
pay fine,
restitution, or fide efforts to do so the court must consider alternative measures.); see also People v. Amorosi, 96
N.Y.2d 180 (N.Y. 2001) (holding that where a monetary
reparation
sanction is imposed as a condition of your probation and you fail to make payment without requesting
resentencing or asserting an inability to pay, the court can sentence you to a period of imprisonment for
violation of probation, which is not subject to N,Y. C,P.l. § 420.10(4) (Which sets up the limitations for a
sentence of imprisonment for failure to pay your financial penalty), but is considered an alternative
sentence after revocation of probation for violating a condition of your sentence,)
Mandatory
Surcharqe

A mandatory additional tax, charge, or cost. (Black's law Dictionary).

"Misdemeanor" means an offense, other than a "traffic infraction:' for which a sentence to a term of
imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of
Misdemeanor
imprisonment in excess of one year cannot be imposed, N.Y, Penal law § 10.00.
A parent's legal obligation to contribute to the economic maintenance and education of a child until the
Outstanding age of majority, the child's emancipation before reaching majority, or the child's completion of secondary
Child Support education. The obligation is enforceable both civilly and criminally. In a custody or divorce action, the
money legally owed by one parent to the other for the expenses incurred for children of the marriage.
Payments
Black's law Dictiona~\.
"New York State has enacted a law (Executive law, Section 259·a (9]) requiring every parolee to pay a
monthly supervision fee. Generally, parolees are expected to pay $30 per month. Your Parole Officer will
Parole
discuss this fee with you, how the fee is to be paid, and in certain circumstances, may be able to waive
Supervision
the fee if you are unemployed or if paying the fee would cause a hardship." New York Slate Parole
Fee
Handbook: Questions and Answers Concerning Parole (September 2007),
httD: IIDarole. state. nv. us/handbook. Ddf,
Probation
New York State has enacted a law (N.Y, Veh. & Traff, § 1192) which allows probation to require
Supervision individuals with DWI-related convictions to pay this administrative fee to the local probation department.
N.Y. Veh. & Traf. & 1192.
Fee
A new or revised criminal sentence. (Black's law Dictionary). If you are sentenced to be imprisoned for
failure to pay a financial penalty, you have a right, at any time, to apply to the court to be resentenced.
The
court cannot determine that you are unable to pay the financial penalty solely due to the
Resentence
incarceration but will consider all of your sources of income. NY C.P.l. § 420.10.

7

Restitution

Victim

Violation

Wage
garnishmentJ
Income
execution

Compensation for loss; full or partial compensation paid by the convicted person to a victim, ordered as
part of a criminal sentence or as a condition of probation. (Slack's Law Dictionary).See NY Penal Law §
60.27(1). When a court directs you to pay restitution, it must teU you the name and address or the
person or organization to whom it is to be paid. NY C.P.L. § 420.10(1)(d). The court may direct that you
pay the entire amount at the time the sentence is pronounced, at a later date or that you pay a specified
portion at designated periodic intervals. N.Y. C.P.L. § 420.10(1 )(a). "County probation departments are
often designated as the agency responsible for the collection and administration of restitution and
reparation payments and for the payment of such money to crime victims (see. CPL §420.10[8])." Office
of the State Comptroller, Opinion 90-29 (1990) http://'NWW.osc,state,ny,us/legal/1990Ilegalop/op90·
29.htm.
A person harmed by a crime, tort or other wrong. Blacks Law Dictionary, The term victim shall include
the victim of the offense, the representative of a crime victim (including but not limited to an agent, an
assignee, an attorney, a guardian, a committee, a conservator, a partner, a receiver, an administrator,
an executor or an heir of another person, or a parent of a minor), an individual whose identity was
assumed or whose personal information was used unlawfully (identity theft), or any person who has
suffered a financial loss as a direct result of the acts of the defendant as a result of identity theft, a Good
Samaritan, and the crime victims' board or other governmental agency that has received an application
for or has provided financial assistance or compensation to the victim. N,Y. Penal Law § 60.27(4)(b).
"Violation" means an offense, other than a "traffic infraction," for which a sentence to a term of
imprisonment in excess of fifteen days cannot be imposed. N.Y. Penal Law § 10.00.
"Wage garnishment is a legal procedure in which a person's earnings are required by court order to be
withheld by an employer for the payment of a debt ... ". (U.S. Department of Labor,
http://WWvV.dol.gov/dol/topiclwages/garnishments.htm). In New York City, wage garnishment is also
know as "income execution." New York City Marshalls Handbook, Chapter V, Section I, Garnishment
can also occur while you are incarcerated, as the corrections department can take money out of your
inmate account to satisfy a debt. State of New York Department of Correctional Services Directive

#2788.

Waiver

A court order which abandons the court's right to collect a specified amount of money from you.
Regarding probation or parole fees, you can request that your probation or parole officer waive all or part
of the parole or probation fee. Even though there is no formal waiver process, you can request a waiver
by showing how payment of the fee would create a financial hardship. N.Y. Exec, Law § 257-c ("The
department shall waive all or part of such fee where, because of the indigence of the offender, the
payment of said surcharge would work an unreasonable hardship on the person convicted. his or her
immediate family, or any other person who is dependent on such person for financial support."); N,Y.
Exec. Law § 259~a{9)(a).
Regarding restitution, if you apply for a waiver, the judge can determine that any amount in excess of a
5% administration fee is a burden on you and wHi not charge that additional amount. N.Y. C.P.L. §

420.40.

8

FINANCIAL CONSEQUENCES
CHART- LEGAL CITATIONS

FINES CHART
1 A fine is a financial penalty for violating a Jaw; it is a sentence to pay a fixed amount and is part of an order of the court
that can be reinforced. The Judge can impose a fine at the time and is part of an order of the court that can be
reinforced, The Judge can impose a fine at the time of sentencing to be paid immediately, at some future time, or even
in periodic payments. NY. C,P.L. § 420.10(1 )(a). According to the New York State Unified Court System website'
"Fines... are paid according to the status of your case. If you have an adjourned date to pay your fine... and you want to
pay before the scheduled date, you can do so by going to the Clerk's Office of the part where your case is pending. If
you have an adjourned date to pay your fine ... , you must return to court on that date even if you do not have the
money. If you have not been assigned a court date on which to pay your fine... or you failed to report on your assigned
date, report to the central clerk's office. If you paid the monies before your scheduled adjourned date, you do not have
to return on that day."
See "Where do I go to pay a fine, a mandatory surcharge, and a crime victim assistance fee?", New York City Criminal
Court: Frequently Asked Questions, New York Unified Court System, http://wv.w.nycourts.gov/courts/nyclcriminal/faqs.
2 N.Y. Penal Law § 80.00(1) ("When imposing a fine pursuant to the provisions of this paragraph, the court shall
consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate
in which defendant engaged, its impact on any victims, and defendant's economic circumstances,
to the conduct 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.")
3 N.Y. Penal Law § 80.05. Note: For alternative sentences, the law states that you may be sentenced to pay an amount
which cannot exceed double the amount of your gain from the commission of the offense, "provided, however, that the
amount fixed by the court pursuant to this subdivision upon a conviction under section 11-1904 of the environmental
conservation law shall not exceed five thousand dollars. In such event the provisions of subdivisions two and three of
section 80.00 shall be applicable to the sentence." Id. In addition, the amount is not to exceed $1,000 except that "a
sentence imposed for a violation of section 215.80 of this chapter (unlawful disposition of assets subject 10 forfeiture)
may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the
commission of the crime." Id.
4 N.Y, Veh. & Traf. Law § 1800, the punishment will either be a fine, imprisonment, or both; N.Y. Veh. & Traf. Law
§1193(1)(a).
5 N,Y. Veh. & Traf. Law § 1801, the punishment will either be a fine, imprisonment, or both; N.Y. Veh. & Traf. §1193(1)(b)

6 NY Veh. & Traf Law § 1193 (1)(c)(i) & (ii)
7 N.Y, C.P.L. § 420.10(5). If you are not able to pay a fine, you have a right, at any time, to apply to the court to be
resentenced. The court cannot determine that you are unable to pay the fine solely due to your incarceration,
but shall consider all of your sources of income including, but not limited to, moneys in your possession at the time of
your admission into your incarceration facility, funds earned by you in a work release program, funds earned by you,
and any other funds received by you or on your behalf and deposited with the superintendent or the municipal official of
the facility where you were or are confined. Id.

8 N.Y. C.P.L. § 420 10(S)(d).
9 If you do not pay the fines that have been placed against you, the court can impose one or a combination of the
following as a consequence: an increased term of imprisonment, a civil judgment or garnishment of your inmate
account. For definitions of these terms please see the definitions page. N.Y. C.P.L. § 420.10. According to State of
New York Department of Correctional Services Directive #2788 entitled "Collection & Repayment of Inmate Advances
and Obligations", the Inmate Commissary and Accounting System (ICAS) will collect unpaid fines from your inmate's
account.

10 N.Y. C.P.L. § 420 10(4)(a).
11 NY C.P.L. §42010(4)(b).
12 N.Y. C.P.L. § 420.10(4)(c); N.Y. C.P.L. § 1.20(39) (defining "petty offense" as a violation or a traffic infraction).

9

SURCHARGES AND FEES CHART
1 N.Y. Penal Law § 60.35, Every conviction in the State of New York carries with it a mandatory surcharge,
except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists,
or other than an adjudication of liability of a driver for not using proper "red signal" procedure; Alan
Rosenthal, et aI., "Sentencing For Dollars: The Financial Consequences of a Criminal Conviction" (Center
For Community Alternatives, Justice Strategies) (February 2007) at page 9. "The mandatory
surcharge... shall be paid to the clerk of the court or administrative tribunal thai rendered the conviction."
N.Y. Penal Law § 60.35. If the convicted in a town or village court, there will be an additional mandatory
surcharge of $5. N.Y. Veh. & Traf. § 1809(9).
2 A fee IS an amount charged by the government for certain services and data collection procedures.
The state can collect many types of fees including: sex offender registration fee (SORA),
SORA change of address fee, DNA databank fee, crime victim assistance fees, termination of
license revocation fees, termination of license suspension fees, incarceration fee, and a
supplemental sex offender victim fee. N.Y. Penal Law § 60.35(1); N.Y. Veh. & Traf. § 1809(1);
NY. Correction Law § 168-b(8); N.Y. Veh. & Tral. § 503(2); N.Y. Correction Law § 189(2).
"The ... sex offender registration fee, DNA databank fee, crime victim assistance fee, and supplemental
sex offender victim fee ... shall be paid to the clerk of the court or administrative tribunal that rendered
the conviction." N.Y. Penal Law § 60.35. Note: Youth Offenders are subject to the Mandatory
Surcharge fee and the Crime Victim Assistance Fee, but not to the Sex Offender Registration fee,
the DNA Databank fee, or the Supplemental Sex Offender fee, see Penal Law §§ 60.02(3) and
60.35(10).
3 All counties and New York City may require individuals convicted under N.Y. Veh. & Traff. § 1192
(OWl-related convictions) to pay this administrative fee to the local probation department.
N.Y. Exec. Law § 257-e. This law is effective from April 10, 1992 to Sept. 1, 2009. Thus, convictions
before or after this date may not have a probation supervision fee or may require a fee of a different amount.
4 The New York State Division of Parole shall collect this fee from anyone over eighteen years old
who is supervised on presumptive release, parole, conditional release or post-release supervision
by the Division. N.Y. Exec. Law § 259-a(9)(a) (This law is effective from April 23, 2008 to January 22, 2009.
Thus, convictions before or after this date may not have a parole supervision fee or may require a fee
of a different amount.); N.Y. Exec Law § 259-a(9)(d) (Prior to a transfer of parole supervision from New York to
another state, the division shall eliminate any supervision fee imposed. The division may collect a fee from any
person whose parole supervision is transferred to New York from another).
5 N.Y. Penal Law § 60.27; N.Y. Penal Law § 60.35; N.Y. Veh. & Traf Law Article 9; N.Y. Veh. & Traf. Law §1809: N.Y,
Veh. & Traf. Law §1809-c.
6 N.Y. Veh, & Traf. Law §1809-c; N.Y. Veh. & Traf. Law§1809-e.
7 N.Y. Penal Law § 60.35; N.Y. Veh. & Traf. Law § 1809; N.Y. Veh. & Traf. Law § 503(2); N.Y. Correction Law §§ 168
(b)(8), 189(2),
8 NY. Exec. Law §257-e (re: probation); N.Y. Exec. Law § 259-a(9)(a) (re: parole).
9 N.Y. Penal Law § 60.35(6) (stating that a person who has previously paid restitution or reparations, is nol
required to pay a mandatory surcharge or the crime victim assistance fee). Also, any person who has paid
a mandatory surcharge, sex offender registration fee, DNA databank fee, a crime victim assistance fee or
a supplemental sex offender victim fee based upon a conviction that is later reversed or who paid any of
the above fees which are ultimately determined not to be required shall be entitled to a refund of the fees
upon application to the state comptroller. The state comptroller shall require such proof as is necessary in
order to determine whether a refund is required by law (N.Y. Penal Law § 60.35(4); N.Y. C.P.L. §
42010(5) (referring to resentencing); N.Y. C.P.L. § 420.40 (referring to deferral).
10 For related offenses see N.Y. Veh. & Traf. 1192, N.Y. Exec. Law § 257-c(1); N.Y. Fam. Ct. Act § 252-a;
New York State Attorney General (Opinion No. 2003-4, April 7, 2003), available at hrtp:/fwww.oag.state.ny.usl
bureausiappeals_opinionsJopinionsl2003Iinformall2003-4.pdf; Knights v. Knights, 71 N.Y.2d 865 (1988).
10

11 N.Y. Exec. Law § 257·c ("The department shall waive all or part of such fee where, because of the indigence of the
offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her
immediate family, or any other person who is dependent on such person for financial support."); N.Y. Exec. Law § 259·
a(9)(a) ("The division shall waive all or part of such fee where, because of the indigence of the offender, the payment
of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other
person who is dependent on such person for financial support."). Please note that there is no statutory standard for
indigence. However, the court should determine indigence through a balancing of financial factors. Therefore when
applying for a waiver, you should provide the court with as much of the following information as applicable: disability
status, housing status, job status, reliance on public assistance, total amount of debt, total amount of income, total
amount of assets, number of dependents in household and any other relevant financial hardships.
Some courts determine indigence as income that totals less than 120% of the federal poverty line. To determine the
relevant poverty guidelines, see http://W'NW.uscourts.gov.
12 NY Penal Law § 60.35(5), N.Y. Veh. & Traf. Law § 1809(5) (Both stating that your inmate account can be
garnished by the superintendent of the prison in order to pay for unpaid fees), but see People v. Brian, 842
N.Y,S.2d 874 (N.Y. City Ct. Sept. 28, 2007) (holding that N.Y. C.P.L § 420.35 is unconstitutional because it
violates the Due Process Clause by falling to provide a pre·assessment waiver of the mandatory crime
victim assistance fee, Sex Offender Registration Fee, and DNA Databank fee for adults whose permanent
mental and/or physical disabilities prohibit them from engaging in any income-producing activities, but this
case's ruling is limited to the jurisdiction of the City of Watertown, N.Y. and is therefore not controlling in
New York City).; N.Y. C.P.L. § 420.35 (referring to imprisonment); N.Y. C.P.L. § 420.40(5)(referring to civil
penalties).
13 N.Y. Exec, Law § 257-c(4) (re: probation), N.Y. Exec. Law § 259-a(9){c) (re:parole).
14 N.Y. Exec, Law § 259·j(4) ("No such discharge shall be granted unless the board of parole 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.")
CHILD SUPPORT AND CIVIL PENALTIES CHART
1 If past child support payments have not yet been paid, they will be considered outstanding payments.
While in prison, a person who has been ordered to pay child support is not relieved of this obligation.
A child support order directs the noncustodial parent to pay child support to the Support Collection Unit (SCU).
The SCU collects, tracks, and disburses payments to the custodial parent. Payments can be made
online at https:l/newyorkchildsupport.com/DCSElviewPaymentsAndDisbursements.do
or sent to PO Box 15363, Albany, NY 12212. Division of Child Support Enforcement: Child Support Services,
New York State Department of Temporary and Disability Assistance,
htlps:l/newyorkchildsupport.com/child_support_services.html#supportColiection.
2 NY Veh & Trat. Law §§ 319(5), 1194(2)(d)(2), 1194-a(2). Additional charges for people who have been
convicted of certain alcohol or automobile offenses including violation of the zero tolerance law, operating with
no insurance or underinsured, and chemical test refusal. Alan Rosenthal, et aI., "Sentencing For
Dollars:(Center For Community Alternatives, Justice Strategies) (February 2007) at page 12; The Financial
Consequences of a Criminal Conviction." You can pay the civil penalty with "cash, a money order, a certified
check or a credit card at most local DMV offices. If a DMV office cannot process the payment, you will see the
words "No enforcement" below the address of the office in the local DMV office list at the DMV web site",
available at http://l/'No1W.nydmv.state.ny.us/offices.htm.
3 N,Y, Fam. Ct. Act § 413 (providing the formula to be used in determining your child support obligations).
4 NY Veh & Trat. Law §1194-a(2); NY Veh. & Traf. Law § 319(5); N.Y. Veh. & Traf. Law § 1194(2)(d)(2);
5 NY Veh. & Traf. Law § 503(4)(b).
6 In order to apply for a downward modification, you must file with the clerk of courts a written
application including a sworn statement of net worth. N.Y. Fam Court Act §424-a. The term "net
worth" means your total assets including income minus your total financial liabilities including fixed
financial costs. Id, The statement of net worth must include all income and assets including those

11

transferred in the past three years, or the length of the marriage, whichever is shorter. All such
sworn statements of net worth shall be accompanied by a current and representative paycheck stub
and the most recently filed state and federal income tax returns including a copy of the W-2 wage
and tax statement(s) submitted with the returns. You must also provide information regarding any
health plans available for the provision of care of the child. See N.Y. Fam. Ct. Act § 424-a for
express requirements. Note: In deciding whether to modify a child support order, the court may
consider various factors, including loss of income and assets.
In doing so, the court may consider whether financial difficulties are the result of the parents'
unilateral conduct. Courts have found that incarceration alone does not warrant reduction of child
support obligation or suspension of the payments due that built up over time while the parent was in
prison. See Knights v. Knights, 71 N.Y.2d 865 (1988).

7 NY F.CA § 454; NY C.P.L.R. § 5242; N.Y. F.C.A. § 458a; N.Y. F.CA § 458(b)-(c);
Social Security Act §§ 402(a)(6), 471(a)(7).
8 N.Y. Fam. Ct. Act § 440; In order to be imprisoned for failure to meet your child support obligations, the court must find
that you "failed to obeyn an order and that the failure was "willful." N.Y. Fam. Ct. Act § 454. The court must hold a
"hearing" and be "satisfied by competent proof." Id. You have the burden of proving that you either fulfilled your
obligation to payor that your failure to pay was not willful. N.Y. Fam. Ct. Act § 454(3)(a). At this hearing, you are
allowed to speak and present witnesses, and may have counsel present. N.Y. Fam. CI. Act § 433; Emerick v. Emerick.
24 AD.2d 872, 872 (N.YAD. 2d Dept. 1965). The court has discretion and bases its decision on evidence of your
assets and income, your needs, and all facts and circumstances bearing on your alleged willful noncompliance with the
support order. N.Y. Fam. Ct. Act § 454. If you are employable, but voluntarily terminate your employment, voluntarily
reduce your earning capacity or fail to diligently seek employment, the court is likely to find willful nonpayment. See
Gell v. Gell, 428 N.Y.S.2d 352, 353 (N.YAD. 3d Dept 1980).
9 According to State of New York Department of Correctional Services Directive #2788 entitled
"Collection & Repayment of Inmate Advances and Obligations", the Inmate Commissary and Accounting
System (ICAS) will collect unpaid child support obligations from your inmate account.
10 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104·193) went into effect October
1. 1997. The statute prohibits any individual from receiving a U.S. passport who has been certified by the Secretary of
Health and Human Services to the Secretary of State as being in arrears on child support payments by an amount
exceeding $5000. This prohibition extends to the issuance of diplomatic and official passports and includes both new
issuances and renewals. See the Department of State Notice of 04/1 012000.

11 15 NYCRR 125.2(a) (Authorized by N.Y. Veh. & Trat. Law § 215(a)).
12 NY. Veh. & Traf. § 503(4)(d)
RESTITUTION CHART
1 NY. Penal Law § 60.27(5)(a). Restitution is limited to $15,000 except when you consent to it being higher, the increase
is a condition of probation, the increase is part of an agreement for conditional discharge, you are an officer of a school
district convicted of larceny against that school district, when the court determines you have to relurn a victim's
property, including money or the equivalent value. or when the victim has medical expenses cause by your actions
(NY. Penal Law §§ 60.27(5)(a)-(b)).
2 N.Y. Penal Law § 60.27(9).
3 N.Y. Penal Law § 60.27(5)(a). Restitution is limited to $10,000 except when you consent to it being higher. the increase
is a condition of probation, the increase is part of an agreement for conditional discharge, you are an officer of a school
district convicted of larceny against that school district, when the court determines you have to return a victim's
property, including money or the equivalent value. or when the victim has medical expenses cause by your actions.
(N.Y. Penal Law §§ 60.27(5)(a)-(b))
4 N.Y. Penal Law § 60.27(8). In all cases where restitution is imposed as part of the disposition, the court must also
impose a designated surcharge of 5% of the entire amount of the restitution payable to the official or organization
designated as the agent to collect the restitution pursuant to Criminal Procedure Law § 420.10(8). Often the collection
agent is the probation department. However, Penal Law § 60.27(8) authorizes the court to impose upon the defeg~ant

an additional surcharge of up to another 5%, upon application by the designated official, if they can show that the
actual cost of collection exceeds the initial 5%.
5 NY. Penal Law § 60.27(8).
6 NY. C.P.L. § 420.10(5).
7 N.Y, C.P.L, § 420.10(5){d), The court will not determine that you are unable to pay soley based on your incarceration

but will consider all sources of income including, but not limited to, monies in your possession at the lime of
imprisonment, funds earned in a work-release program, funds earned while incarcerated or deposited into an inmate
account on your behalf.
8 N.Y. C.P.L. § 420.10(6)

9 According to State of New York Department of Correctional Services Directive #2788 entitled
"Collection & Repayment of Inmate Advances and Obligations", the Inmate Commissary and Accounting
System (ICAS) will collect unpaid restitution from your inmate account.
10 N.Y. C.PL § 420.10 (3).
11 N.Y. C.PL § 420. 10(4)(a).
12 NY. CPL. §42010(4)(b).
13 NY. CPL §42010(4)(c).

13

 

 

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