New York Consolidated Law

Article 60 - NY Penal Law

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• Article 60

S 60.00 Applicability of provisions.
  1. The sentences prescribed by this article shall apply in the case of
every offense, whether defined within or outside of this chapter.
  2. The sole provision of this article that shall apply in the case of
an offense committed by a juvenile offender is section 60.10 of this
article and no other provisions of this article shall be deemed or
construed to apply in any such case.

S 60.01 Authorized dispositions; generally.
  1. Applicability. Except as otherwise specified in this article, when
the court imposes sentence upon a person convicted of an offense, the
court must impose a sentence prescribed by this section.
  2. Revocable dispositions.
  (a) The court may impose a revocable sentence as herein specified:
  (i) the court, where authorized by article sixty-five, may sentence a
person to a period of probation or to a period of conditional discharge
as provided in that article; or
  (ii) the court, where authorized by article eighty-five, may sentence
a person to a term of intermittent imprisonment as provided in that
article.
  (b) A revocable sentence shall be deemed a tentative one to the extent
that it may be altered or revoked in accordance with the provisions of
the article under which it was imposed, but for all other purposes shall
be deemed to be a final judgment of conviction.
  (c) In any case where the court imposes a sentence of probation,
conditional discharge, or a sentence of intermittent imprisonment, it
may also impose a fine authorized by article eighty.
  (d) In any case where the court imposes a sentence of imprisonment not
in excess of sixty days, for a misdemeanor or not in excess of six
months for a felony or in the case of a sentence of intermittent
imprisonment not in excess of four months, it may also impose a sentence
of probation or conditional discharge provided that the term of
probation or conditional discharge together with the term of
imprisonment shall not exceed the term of probation or conditional
discharge authorized by article sixty-five of this chapter. The sentence
of imprisonment shall be a condition of and run concurrently with the
sentence of probation or conditional discharge.
  3. Other dispositions. When a person is not sentenced as specified in
subdivision two, or when a sentence specified in subdivision two is
revoked, the sentence of the court must be as follows:
  (a) A term of imprisonment; or
  (b) A fine authorized by article eighty, provided, however, that when
the conviction is of a class B felony or of any felony defined in
article two hundred twenty, the sentence shall not consist solely of a
fine; or
  (c) Both imprisonment and a fine; or
  (d) Where authorized by section 65.20, unconditional discharge as
provided in that section; or
  (e) Following revocation of a sentence of conditional discharge
imposed pursuant to section 65.05 of this chapter or paragraph (d) of
subdivision two of this section, probation as provided in section 65.00
of this chapter or to the sentence of imprisonment and probation as
provided for in paragraph (d) of subdivision two of this section.
  4. In any case where a person has been sentenced to a period of
probation imposed pursuant to section 65.00 of this chapter, if the part
of the sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of imprisonment
and probation as provided for in paragraph (d) of subdivision two of
this section.

S 60.02 Authorized disposition; youthful offender.
  When a person is to be sentenced upon a youthful offender finding, the
court must impose a sentence as follows:
  (1) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction of an offense other than a
felony, the court must impose a sentence authorized for the offense for
which the youthful offender finding was substituted, except that if the
youthful offender finding was entered pursuant to paragraph (b) of
subdivision one of section 720.20 of the criminal procedure law, the
court must not impose a definite or intermittent sentence of
imprisonment with a term of more than six months; or
  (2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person convicted
of a class E felony provided, however, that the court must not impose a
sentence of conditional discharge or unconditional discharge if the
youthful offender finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter.
  (3) The provisions of section 60.35 of this article shall apply  to  a
sentence  imposed upon a youthful offender finding and the amount of the
mandatory surcharge and crime  victim  assistance  fee  which  shall  be
levied  at  sentencing  shall  be  equal to the amount specified in such
section for the offense of conviction for which  the  youthful  offender
finding  was  substituted;  provided,  however  that the court shall not
impose  the  sex  offender  registration  fee,  DNA  databank   fee   or
supplemental  sex  offender victim fee, as defined in subparagraphs (iv)
and (v) of paragraph (a) and paragraph (b) of subdivision one of section
60.35 of this article, for  an  offense  in  which  the  conviction  was
substituted with a youthful offender finding.

S 60.04 Authorized disposition; controlled substances
               and marihuana felony offenses.
   1. Applicability. Notwithstanding the  provisions  of  any  law,  this
  section  shall govern the dispositions authorized when a person is to be
  sentenced upon a conviction of a felony offense defined in  article  two
  hundred  twenty  or  two  hundred  twenty-one  of this chapter or when a
  person is to be sentenced upon a  conviction  of  such  a  felony  as  a
  multiple felony offender as defined in subdivision five of this section.
    2.  Class A felony. Every person convicted of a class A felony must be
  sentenced to imprisonment in  accordance  with  section  70.71  of  this
  title,  unless  such  person  is convicted of a class A-II felony and is
  sentenced to probation for life in accordance with section 65.00 of this
  title.
    3. Class B felonies. Every person convicted of a class B  felony  must
  be   sentenced   to  imprisonment  in  accordance  with  the  applicable
  provisions of section 70.70 of this  chapter,  a  definite  sentence  of
  imprisonment  with a term of one year or less or probation in accordance
  with section 65.00 of this chapter provided, however, a person convicted
  of criminal sale of a controlled substance to  a  child  as  defined  in
  section  220.48  of  this  chapter  must  be  sentenced to a determinate
  sentence of imprisonment in accordance with the applicable provisions of
  section 70.70  of  this  chapter  or  to  a  sentence  of  probation  in
  accordance  with  the  opening paragraph of paragraph (b) of subdivision
  one of section 65.00 of this chapter.
    4. Alternative  sentence.  Where  a  sentence  of  imprisonment  or  a
  sentence  of probation as an alternative to imprisonment is not required
  to be imposed pursuant  to  subdivision  two,  three  or  five  of  this
  section,  the  court may impose any other sentence authorized by section
  60.01 of this article, provided that when the court imposes  a  sentence
  of  imprisonment, such sentence must be in accordance with section 70.70
  of this title. Where the court imposes a  sentence  of  imprisonment  in
  accordance  with  this  section,  the  court  may  also  impose  a  fine
  authorized by article eighty of this title and in such case the sentence
  shall be both imprisonment and a fine.
    5. Multiple felony  offender.  Where  the  court  imposes  a  sentence
  pursuant  to  subdivision  three of section 70.70 of this chapter upon a
  second felony drug offender, as defined in paragraph (b) of  subdivision
  one  of section 70.70 of this chapter, it must sentence such offender to
  imprisonment in accordance with the  applicable  provisions  of  section
  70.70  of  this chapter, a definite sentence of imprisonment with a term
  of one year or less, or probation in accordance with  section  65.00  of
  this chapter, provided, however, that where the court imposes a sentence
  upon  a  class  B  second  felony  drug  offender, it must sentence such
  offender to a determinate sentence of imprisonment  in  accordance  with
  the  applicable  provisions  of  section  70.70  of this chapter or to a
  sentence of probation  in  accordance  with  the  opening  paragraph  of
  paragraph  (b) of subdivision one of section 65.00 of this chapter. When
  the court imposes sentence on a second felony drug offender pursuant  to
  subdivision  four  of  section  70.70  of this chapter, it must impose a
  determinate  sentence  of   imprisonment   in   accordance   with   such
  subdivision.
    6.  Substance  abuse  treatment.  When the court imposes a sentence of
  imprisonment which requires a commitment  to  the  state  department  of
  corrections and community supervision upon a person who stands convicted
  of  a  controlled  substance  or  marihuana offense, the court may, upon
  motion of the defendant in its discretion, issue an order directing that
  the department of  corrections  and  community  supervision  enroll  the
  defendant  in  the  comprehensive  alcohol and substance abuse treatment
  program in an alcohol and substance abuse correctional annex as  defined
  in  subdivision  eighteen of section two of the correction law, provided
  that the defendant will satisfy the statutory eligibility  criteria  for
  participation  in such program. Notwithstanding the foregoing provisions
  of this subdivision, any  defendant  to  be  enrolled  in  such  program
  pursuant  to  this  subdivision  shall be governed by the same rules and
  regulations promulgated by the department of corrections  and  community
  supervision,  including  without  limitation those rules and regulations
  establishing requirements for completion and those rules and regulations
  governing discipline and removal from the program.  No  such  period  of
  court  ordered  corrections  based drug abuse treatment pursuant to this
  subdivision  shall  be  required  to  extend  beyond   the   defendant's
  conditional release date.
    7.  a.  Shock  incarceration  participation.  When the court imposes a
  sentence of imprisonment which requires a commitment to  the  department
  of  corrections  and  community  supervision  upon  a  person who stands
  convicted of a controlled substance or marihuana offense, upon motion of
  the  defendant,  the  court  may  issue  an  order  directing  that  the
  department of corrections and community supervision enroll the defendant
  in the shock incarceration program as defined in article twenty-six-A of
  the  correction  law, provided that the defendant is an eligible inmate,
  as described in subdivision one of section eight hundred  sixty-five  of
  the  correction  law.  Notwithstanding  the foregoing provisions of this
  subdivision, any defendant to be enrolled in such  program  pursuant  to
  this  subdivision  shall  be  governed by the same rules and regulations
  promulgated by the department of corrections and community  supervision,
  including  without  limitation  those rules and regulations establishing
  requirements for completion and such  rules  and  regulations  governing
  discipline and removal from the program.
    b.  (i)  In  the  event  that  an inmate designated by court order for
  enrollment in the shock  incarceration  program  requires  a  degree  of
  medical  care  or  mental health care that cannot be provided at a shock
  incarceration facility, the department, in  writing,  shall  notify  the
  inmate,     provide     a     proposal     describing     a     proposed
  alternative-to-shock-incarceration program, and notify him or  her  that
  he   or   she   may   object   in   writing   to   placement   in   such
  alternative-to-shock-incarceration program. If  the  inmate  objects  in
  writing to placement in such alternative-to-shock-incarceration program,
  the department of corrections and community supervision shall notify the
  sentencing  court,  provide  such proposal to the court, and arrange for
  the inmate's prompt appearance before the court. The court shall provide
  the proposal and notice of a court appearance to the people, the  inmate
  and the appropriate defense attorney. After considering the proposal and
  any  submissions  by the parties, and after a reasonable opportunity for
  the people, the inmate and counsel to be heard, the court may modify its
  sentencing order accordingly, notwithstanding the provisions of  section
  430.10 of the criminal procedure law.
    (ii)      An      inmate     who     successfully     completes     an
  alternative-to-shock-incarceration  program  within  the  department  of
  corrections  and  community  supervision  shall  be  treated in the same
  manner  as  a  person  who  has   successfully   completed   the   shock
  incarceration program, as set forth in subdivision four of section eight
  hundred sixty-seven of the correction law.

S 60.05 Authorized dispositions; class A, B, certain C and D felonies
            and multiple felony offenders.
  1. Applicability. Except as provided in section 60.04 of this  article
  governing  the  authorized  dispositions  applicable  to felony offenses
  defined in article two hundred twenty or two hundred twenty-one of  this
  chapter  or  in  section  60.13 of this article governing the authorized
  dispositions applicable to felony sex offenses defined in paragraph  (a)
  of  subdivision  one  of section 70.80 of this title, this section shall
  govern the dispositions authorized when a person is to be sentenced upon
  a conviction of a class A felony, a class B felony or a class C, class D
  or class E felony specified herein, or when a person is to be  sentenced
  upon a conviction of a felony as a multiple felony offender.
    2.  Class  A felony. Except as provided in subdivisions three and four
  of section 70.06 of this chapter, every person convicted of  a  class  A
  felony  must  be  sentenced  to  imprisonment in accordance with section
  70.00 of this title, unless such person is convicted of  murder  in  the
  first  degree  and is sentenced in accordance with section 60.06 of this
  article.
    3. Class B felony. Except as  provided  in  subdivision  six  of  this
  section,  every  person convicted of a class B violent felony offense as
  defined in subdivision one of section  70.02  of  this  title,  must  be
  sentenced  to  imprisonment  in accordance with such section 70.02; and,
  except as provided in subdivision six  of  this  section,  every  person
  convicted  of any other class B felony must be sentenced to imprisonment
  in accordance with section 70.00 of this title.
    4. Certain class C felonies. Except as provided  in  subdivision  six,
  every person convicted of a class C violent felony offense as defined in
  subdivision  one  of  section  70.02 of this title, must be sentenced to
  imprisonment in accordance with section 70.02 of this title; and, except
  as provided in subdivision six of this section, every  person  convicted
  of  the  class  C  felonies  of:  attempt  to  commit any of the class B
  felonies of bribery in the first degree as defined  in  section  200.04,
  bribe  receiving  in  the  first  degree  as  defined in section 200.12,
  conspiracy in the  second  degree  as  defined  in  section  105.15  and
  criminal  mischief  in  the  first  degree as defined in section 145.12;
  criminal usury in  the  first  degree  as  defined  in  section  190.42,
  rewarding  official misconduct in the first degree as defined in section
  200.22, receiving reward for official misconduct in the first degree  as
  defined  in section 200.27, attempt to promote prostitution in the first
  degree as defined in  section  230.32,  promoting  prostitution  in  the
  second degree as defined in section 230.30, arson in the third degree as
  defined  in  section  150.10  of  this  chapter,  must  be  sentenced to
  imprisonment in accordance with section 70.00 of this title.
    5. Certain class D felonies. Except as provided in subdivision six  of
  this  section, every person convicted of the class D felonies of assault
  in the second degree as defined in section 120.05, strangulation in  the
  second  degree as defined in section 121.12 or attempt to commit a class
  C felony as defined in section 230.30 of this chapter, must be sentenced
  in accordance with section 70.00 or 85.00 of this title.
    6. Multiple felony offender. When the court imposes  sentence  upon  a
  second violent felony offender, as defined in section 70.04, or a second
  felony  offender,  as  defined in section 70.06, the court must impose a
  sentence of imprisonment in accordance with section 70.04 or  70.06,  as
  the  case  may  be,  unless  it  imposes  a  sentence of imprisonment in
  accordance with section 70.08 or 70.10.
    7. Fines. Where the  court  imposes  a  sentence  of  imprisonment  in
  accordance  with  this  section,  the  court  also  may  impose  a  fine
  authorized by article eighty and in such case the sentence shall be both
  imprisonment and a fine.

S 60.06 Authorized disposition; murder  in the first degree offenders;
               aggravated murder offenders;  certain  murder  in  the  second
               degree   offenders;   certain  terrorism  offenders;  criminal
               possession  of  a  chemical  weapon   or   biological   weapon
               offenders;  criminal  use  of  a chemical weapon or biological
               weapon offenders.
  When a defendant is convicted of murder in the first degree as defined
  in section 125.27 of this chapter, the court shall, in  accordance  with
  the provisions of section 400.27 of the criminal procedure law, sentence
  the   defendant  to  death,  to  life  imprisonment  without  parole  in
  accordance with subdivision five of section 70.00 of this title, or to a
  term of imprisonment for a class A-I felony other  than  a  sentence  of
  life  imprisonment  without  parole, in accordance with subdivisions one
  through three of section 70.00 of this title. When a person is convicted
  of murder in the second degree as defined in subdivision five of section
  125.25 of this chapter or of the crime of aggravated murder  as  defined
  in  subdivision  one  of section 125.26 of this chapter, the court shall
  sentence the defendant to life imprisonment without parole in accordance
  with subdivision five of section 70.00 of this title. When  a  defendant
  is  convicted  of the crime of terrorism as defined in section 490.25 of
  this chapter, and the specified offense the  defendant  committed  is  a
  class  A-I felony offense, or when a defendant is convicted of the crime
  of criminal possession of a chemical weapon or biological weapon in  the
  first  degree  as  defined  in section 490.45 of this chapter, or when a
  defendant is convicted of the crime of criminal use of a chemical weapon
  or biological weapon in the first degree as defined in section 490.55 of
  this  chapter,  the  court  shall  sentence  the   defendant   to   life
  imprisonment  without  parole  in  accordance  with  subdivision five of
  section 70.00 of this title; provided, however,  that  nothing  in  this
  section shall preclude or prevent a sentence of death when the defendant
  is  also  convicted  of murder in the first degree as defined in section
  125.27 of this chapter. When a  defendant  is  convicted  of  aggravated
  murder  as defined in subdivision two of section 125.26 of this chapter,
  the court shall sentence the  defendant  to  life  imprisonment  without
  parole  or to a term of imprisonment for a class A-I felony other than a
  sentence  of  life  imprisonment  without  parole,  in  accordance  with
  subdivisions one through three of section 70.00 of this title.

S 60.07 Authorized disposition; criminal attack on operators of for-hire
               vehicles.
  1.  Notwithstanding any other provision of law to the contrary, when a
  court has found, pursuant to the provisions of  section  200.61  of  the
  criminal  procedure  law,  both  that  a  person has been convicted of a
  specified offense as defined in subdivision two of this section and  the
  victim of such offense was operating a for-hire vehicle in the course of
  providing  for-hire  vehicle  services  at the time of the commission of
  such offense, the sentence of imprisonment imposed upon  conviction  for
  such  offense  shall  be  the  sentence  authorized  by  the  applicable
  provisions of article seventy of this chapter, provided,  however,  that
  the  minimum  term  of  an indeterminate sentence or minimum determinate
  sentence shall be not less than three years nor  more  than  five  years
  greater  than  the  minimum  term  or  sentence otherwise required to be
  imposed pursuant to such provisions. The provisions of this  subdivision
  shall  not  apply  where  the  court,  having  regard  to the nature and
  circumstances of  the  crime  and  the  history  and  character  of  the
  defendant,  finds  on  the  record that such additional term or sentence
  would be unduly harsh and that not  imposing  such  additional  term  or
  sentence  would  be  consistent  with  the  public  safety and would not
  deprecate the seriousness of the crime.
    2. For purposes of this section:
    (a) the term "specified offense"  shall  mean  an  attempt  to  commit
  murder  in  the  second  degree  as  defined  in  section 125.25 of this
  chapter, gang assault in the first degree as defined in  section  120.07
  of this chapter, gang assault in the second degree as defined in section
  120.06  of  this  chapter,  assault  in  the  first degree as defined in
  section 120.10 of this chapter, manslaughter  in  the  first  degree  as
  defined  in  section  125.20 of this chapter, manslaughter in the second
  degree as defined in section 125.15 of  this  chapter,  robbery  in  the
  first  degree  as  defined in section 160.15 of this chapter, robbery in
  the second degree as defined in section 160.10 of this chapter,  or  the
  attempted  commission  of any of the following offenses: gang assault in
  the first degree as defined in section  120.07,  assault  in  the  first
  degree as defined in section 120.10, manslaughter in the first degree as
  defined  in  section 125.20 or robbery in the first degree as defined in
  section 160.15;
    (b) the term "for-hire vehicle" shall mean a vehicle designed to carry
  not more than five passengers for compensation and  such  vehicle  is  a
  taxicab,  as defined in section one hundred forty-eight-a of the vehicle
  and traffic law, a livery, as  such  term  is  defined  in  section  one
  hundred  twenty-one-e  of the vehicle and traffic law, or a "black car",
  as such term is defined in paragraph (g) of this subdivision;
    (c) the term "livery car base" shall mean a central facility, wherever
  located, that dispatches a livery operator to both pick-up and discharge
  passengers in the state;
    (d) "for-hire vehicle services" shall mean:
    (i) with respect to a taxicab, the transport of passengers pursuant to
  a license or permit issued  by  a  local  authority  by  a  person  duly
  authorized to operate such taxicab;
    (ii) with respect to a livery, the transport of passengers by a livery
  operator while affiliated with a livery car base; or
    (iii)  with respect to a "black car", the transport of passengers by a
  "black car operator"  pursuant  to  dispatches  from  or  by  a  central
  dispatch  facility regardless of where the pick-up and discharge occurs,
  and, with respect to dispatches from or by a central  dispatch  facility
  located  outside  the  state,  all dispatches involving a pick-up in the
  state, regardless of where the discharge occurs.
    (e) "livery operator" shall mean the registered owner of a livery,  as
  such  term is defined in section one hundred twenty-one-e of the vehicle
  and traffic law, or a driver designated  by  such  registered  owner  to
  operate   the  registered  owner's  livery  as  the  registered  owner's
  authorized  designee,  where  such  registered  owner or driver provides
  services while affiliated with a livery car base;
    (f) "black car operator" shall mean the registered owner of  a  "black
  car"  or  a  driver  designated  by such registered owner to operate the
  registered owner's  black  car  as  the  registered  owner's  authorized
  designee; and
    (g)  "black  car"  shall  mean  a  for-hire  vehicle dispatched from a
  central facility,  which  has  certified  to  the  satisfaction  of  the
  department  of state pursuant to article six-F of the executive law that
  more than ninety percent of the central facility's for-hire business  is
  on a payment basis other than direct cash payment by a passenger.

S 60.08 Authorized dispositions; resentencing of certain controlled
               substance offenders.
  Any person convicted of an offense and  sentenced  to  prison  for  an
  indeterminate  sentence,  the minimum of which was at least one year and
  the maximum of which was life imprisonment, which sentence  was  imposed
  pursuant  to chapter two hundred seventy-six, two hundred seventy-seven,
  two hundred seventy-eight, or ten  hundred  fifty-one  of  the  laws  of
  nineteen  hundred seventy-three, and for which such sentence was imposed
  upon conviction of the crime of  criminal  possession  of  a  controlled
  substance  in  the  first  degree,  criminal  possession of a controlled
  substance in the second degree,  criminal  possession  of  a  controlled
  substance  in  the third degree, criminal sale of a controlled substance
  in the first degree, criminal sale of  a  controlled  substance  in  the
  second  degree,  or criminal sale of a controlled substance in the third
  degree, and the sole controlled substance involved  was  methadone,  may
  apply,   upon   notice   to   the  appropriate  district  attorney,  for
  resentencing in the court which originally imposed sentence.
    Such  resentencing  shall,   unless   substantial   justice   dictates
  otherwise,  be  pursuant to the current provisions of the penal law, and
  shall include credit  for  any  jail  time  incurred  upon  the  subject
  conviction  as  well  as credit for any period of incarceration incurred
  pursuant to the sentence originally imposed.
    In cases where the proof before the court is not available or  is  not
  sufficiently  reliable  to  determine the amount of methadone present in
  any preparation, compound, mixture or  substance  containing  methadone,
  there  shall  exist  a  rebuttable  presumption  that  each ounce of the
  preparation, compound, mixture or substance contained  sixty  milligrams
  of methadone.

S 60.09 Authorized dispositions; resentencing of certain persons
               convicted of specified controlled substance offenses.
   a. Any person convicted of an offense as defined  in  section  115.05,
  220.16,  220.18,  220.39  or  220.41  of  this  chapter or of an attempt
  thereof, for an act committed on  or  after  September  first,  nineteen
  hundred  seventy-three  but prior to the date on which the provisions of
  this section become effective,  may,  upon  notice  to  the  appropriate
  district  attorney, apply for resentencing in the court which originally
  imposed sentence. Such resentencing shall  be  in  accordance  with  the
  provisions  of  subdivision (b) of this section and shall include credit
  for any jail time incurred upon the subject conviction as well as credit
  for any period  of  incarceration  incurred  pursuant  to  the  sentence
  originally imposed.
    b.  A  court, upon an application specified in subdivision (a) of this
  section may resentence a person as follows:
    (i) if the conviction was for a class  A-III  offense  the  court  may
  impose  a  new  maximum term which shall be no less than three times the
  amount of the minimum term imposed in the original sentence and no  more
  than twenty-five years;
    (ii)  if  the  conviction  was  for a class A-II offense the court may
  impose a new minimum term which  shall  be  no  less  than  three  years
  imprisonment and no more than eight and one-third years;
    (iii)  upon  resentence  of  a person as specified in paragraph (i) of
  this subdivision the court shall  resentence  the  person  to  the  same
  minimum term previously imposed;
    (iv)  upon  resentence  of  a person as specified in paragraph (ii) of
  this  subdivision  the  court  shall  impose  a  maximum  term  of  life
  imprisonment;
    (v)  if  the  conviction  was  for  an offense as specified in section
  115.05 of this chapter and the offense  which  was  the  object  of  the
  criminal  facilitation was a class A-III felony then the court shall set
  aside the conviction and substitute it with a conviction  for  violation
  of  section  115.01  or 115.00 of this chapter, whichever is appropriate
  under the facts of the case, and impose a sentence  in  accordance  with
  those provisions.
    c.  Upon  resentence  as  provided  in  this section the court may not
  impose a sentence greater than the sentence previously imposed.

S 60.10 Authorized disposition; juvenile offender.
  1. When a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section 70.05
or sentence him upon a youthful offender finding in accordance with
section 60.02 of this chapter.
  2. Subdivision one of this section shall apply when sentencing a
juvenile offender notwithstanding the provisions of any other law that
deals with the authorized sentence for persons who are not juvenile
offenders. Provided, however, that the limitation prescribed by this
section shall not be deemed or construed to bar use of a conviction of a
juvenile offender, other than a juvenile offender who has been
adjudicated a youthful offender pursuant to section 720.20 of the
criminal procedure law, as a previous or predicate felony offender under
section 70.04, 70.06, 70.08 or 70.10, when sentencing a person who
commits a felony after he has reached the age of sixteen.

S 60.11 Authorized dispositions; criminal possession of a weapon in the
               fourth degree.
  When a person is to be sentenced upon a conviction of the crime of
criminal possession of a weapon in the fourth degree as defined in
subdivision one of section 265.01 as a result of a plea of guilty
entered in satisfaction of an indictment or count thereof charging the
defendant with the class D violent felony offense of criminal possession
of a weapon in the third degree as defined in subdivision four of
section 265.02, the court must sentence the defendant in accordance with
the provisions of section 70.15.

S 60.11-a Authorized  dispositions;  certain  criminal possession of a
               weapon in the third degree offenders.
    When a person is to be sentenced  upon  conviction  of  the  crime  of
  criminal  possession  of  a  weapon  in  the  third degree as defined in
  subdivision ten of section  265.02  of  this  chapter,  the  court  must
  sentence  such  defendant  to  a  determinate  sentence  as  provided in
  subparagraph (ii) of paragraph (c) of subdivision three of section 70.02
  of this chapter, unless a greater minimum sentence is otherwise required
  by another provision of this chapter.

S 60.12 Authorized disposition; alternative indeterminate sentence of
        imprisonment; domestic violence cases.
  1. Notwithstanding any other provision of law, where a court is
imposing sentence pursuant to section 70.02 upon a conviction for an
offense enumerated in subdivision one of such section, other than an
offense defined in article one hundred thirty of this chapter, and is
authorized or required pursuant to such section to impose a determinate
sentence of imprisonment for such offense, the court, upon a
determination following a hearing that (a) the defendant was the victim
of physical, sexual or psychological abuse by the victim or intended
victim of such offense, (b) such abuse was a factor in causing the
defendant to commit such offense and (c) the victim or intended victim
of such offense was a member of the same family or household as the
defendant as such term is defined in subdivision one of section 530.11
of the criminal procedure law, may, in lieu of imposing such determinate
sentence of imprisonment, impose an indeterminate sentence of
imprisonment in accordance with subdivisions two and three of this
section.
  2.  The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as follows:
  (a) For a class B felony, the term must be at least six years and must
not exceed twenty-five years;
  (b) For a class C felony, the term must be at least four and one-half
years and must not exceed fifteen years;
  (c) For a class D felony, the term must be at least three years and
must not exceed seven years; and
  (d) For a class E felony, the term must be at least three years and
must not exceed four years.
  3.  The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court at one-half of the maximum term imposed and must be specified in
the sentence.

S 60.13 Authorized dispositions; felony sex offenses.
    When  a  person  is  to  be sentenced upon a conviction for any felony
  defined in article one hundred  thirty  of  this  chapter,  including  a
  sexually  motivated  felony, or patronizing a person for prostitution in
  the  first  degree  as  defined  in  section  230.06  of  this  chapter,
  aggravated  patronizing  a minor for prostitution in the third degree as
  defined in section 230.11 of  this  chapter,  aggravated  patronizing  a
  minor for prostitution in the second degree as defined in section 230.12
  of  this chapter, aggravated patronizing a minor for prostitution in the
  first degree as defined in section 230.13 of this chapter, incest in the
  second degree as defined in section 255.26 of this chapter, or incest in
  the first degree as defined in section 255.27  of  this  chapter,  or  a
  felony  attempt  or  conspiracy to commit any of these crimes, the court
  must sentence the defendant in accordance with the provisions of section
  70.80 of this title.

S 60.20 Authorized dispositions; traffic infraction.
  1. When a person is convicted of a traffic infraction, the sentence of
the court shall be as follows:
  (a) A period of conditional discharge, as provided in article
sixty-five; or
  (b) Unconditional discharge as provided in section 65.20; or
  (c) A fine or a sentence to a term of imprisonment, or both, as
prescribed in and authorized by the provision that defines the
infraction; or
  (d) A sentence of intermittent imprisonment, as provided in article
eighty-five.
  2. Where a sentence of conditional discharge is imposed for a traffic
infraction, all incidents of the sentence shall be the same as would be
applicable if the sentence were for a violation.

S 60.21 Authorized dispositions; driving while intoxicated or aggravated
              driving while intoxicated.
   Notwithstanding  paragraph  (d) of subdivision two of section 60.01 of
this article, when a person is to be sentenced upon a conviction  for  a
violation  of  subdivision two, two-a or three of section eleven hundred
ninety-two of the vehicle and traffic law, the court may  sentence  such
person to a period of imprisonment authorized by article seventy of this
title  and  shall  sentence  such  person  to  a  period of probation or
conditional discharge in accordance with the provisions of section 65.00
of this title and shall order the  installation  and  maintenance  of  a
functioning  ignition  interlock  device.  Such  period  of probation or
conditional  discharge  shall  run  consecutively  to  any   period   of
imprisonment  and  shall commence immediately upon such person's release
from imprisonment.

S 60.25 Authorized dispositions; corporation.
  When a corporation is convicted of an offense, the sentence of the
court shall be as follows:
  (a) A fine authorized by section 80.10; or
  (b) Where authorized by section 65.05, a period of conditional
discharge as provided in that section; or
  (c) Where authorized by section 65.20, unconditional discharge as
provided in that section.
  In any case where a corporation has been sentenced to a period of
conditional discharge and such sentence is revoked, the court shall
sentence the corporation to pay a fine.

S 60.27 Restitution and reparation.
  1.  In addition to any of the dispositions authorized by this article,
  the court shall consider restitution or reparation to the victim of  the
  crime  and may require restitution or reparation as part of the sentence
  imposed upon a person convicted of an offense, and after  providing  the
  district attorney with an opportunity to be heard in accordance with the
  provisions   of   this   subdivision,  require  the  defendant  to  make
  restitution of the fruits of his or her offense or  reparation  for  the
  actual out-of-pocket loss caused thereby and, in the case of a violation
  of section 190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any
  costs  or  losses  incurred  due to any adverse action taken against the
  victim. The district attorney shall where appropriate, advise the  court
  at or before the time of sentencing that the victim seeks restitution or
  reparation,  the  extent  of  injury  or  economic loss or damage of the
  victim, and the amount of restitution or reparation sought by the victim
  in accordance with his or her responsibilities under subdivision two  of
  section 390.50 of the criminal procedure law and article twenty-three of
  the  executive  law.  The  court shall hear and consider the information
  presented by the district attorney in this regard.  In  that  event,  or
  when   the  victim  impact  statement  reports  that  the  victim  seeks
  restitution or reparation, the court shall require, unless the interests
  of justice dictate otherwise, in addition to  any  of  the  dispositions
  authorized  by  this  article that the defendant make restitution of the
  fruits of the offense and reparation for the actual  out-of-pocket  loss
  and,  in  the  case  of  a  violation of section 190.78, 190.79, 190.80,
  190.82 or 190.83 of this chapter, any costs or losses  incurred  due  to
  any  adverse  action,  caused  thereby  to the victim. In the event that
  restitution or reparation are not ordered, the court shall clearly state
  its reasons on the record. Adverse action as used  in  this  subdivision
  shall  mean and include actual loss incurred by the victim, including an
  amount equal to the value of the time reasonably  spent  by  the  victim
  attempting  to  remediate  the  harm  incurred  by  the  victim from the
  offense, and the consequential financial losses from such action.
    2. Whenever the court requires restitution or reparation to  be  made,
  the  court  must make a finding as to the dollar amount of the fruits of
  the offense and the actual out-of-pocket loss to the  victim  caused  by
  the  offense. In making this finding, the court must consider any victim
  impact statement provided to the court. If the record does  not  contain
  sufficient  evidence  to  support  such  finding  or upon request by the
  defendant, the court must conduct a hearing upon the issue in accordance
  with the procedure set forth in section 400.30 of the criminal procedure
  law.
    3. The provisions  of  sections  420.10,  420.20  and  420.30  of  the
  criminal  procedure  law  shall apply in the collection and remission of
  restitution and reparation.
    4. For purposes of the imposition,  determination  and  collection  of
  restitution or reparation, the following definitions shall apply:
    (a) the term "offense" shall include the offense for which a defendant
  was  convicted,  as  well  as any other offense that is part of the same
  criminal transaction or  that  is  contained  in  any  other  accusatory
  instrument  disposed  of  by  any  plea of guilty by the defendant to an
  offense.
    (b) the term "victim" shall include the victim  of  the  offense,  the
  representative  of  a  crime  victim  as  defined  in subdivision six of
  section six hundred twenty-one of the executive law, an individual whose
  identity was assumed or whose personal identifying information was  used
  in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
  person  who has suffered a financial loss as a direct result of the acts
  of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
  190.83 of this chapter, a good  samaritan  as  defined  in  section  six
  hundred  twenty-one  of  the  executive  law  and  the  office of victim
  services  or  other governmental agency that has received an application
  for or has provided financial assistance or compensation to the  victim.
  A  victim  shall  also  mean  any  owner  or lawful producer of a master
  recording, or a trade association that represents such owner  or  lawful
  producer,  that has suffered injury as a result of an offense as defined
  in article two hundred seventy-five of this chapter.
    5. (a) Except  upon  consent  of  the  defendant  or  as  provided  in
  paragraph  (b)  of  this  subdivision, or as a condition of probation or
  conditional discharge as provided in paragraph (g) of subdivision two of
  section 65.10 of this chapter, the amount of restitution  or  reparation
  required  by  the court shall not exceed fifteen thousand dollars in the
  case of a conviction for a felony, or ten thousand dollars in  the  case
  of a conviction for any offense other than a felony. Notwithstanding the
  provisions  of  this  subdivision, if an officer of a school district is
  convicted of violating any section of article one hundred fifty-five  of
  this  chapter  where  the  victim of such crime is such officer's school
  district, the court may require an amount of restitution up to the  full
  amount  of the fruits of the offense or reparation up to the full amount
  of the actual  out-of-pocket  loss  suffered  by  the  victim,  provided
  further  that  in  such  case  the  provisions  of paragraph (b) of this
  subdivision shall not apply.
    (b) The court in its discretion may impose restitution  or  reparation
  in excess of the amounts specified in paragraph (a) of this subdivision,
  provided however that the amount in excess must be limited to the return
  of  the  victim's  property,  including  money,  or the equivalent value
  thereof; and reimbursement for medical expenses actually incurred by the
  victim prior to sentencing as a result of the offense committed  by  the
  defendant.
    6.  Any  payment  made  as  restitution or reparation pursuant to this
  section shall not limit, preclude or impair any liability for damages in
  any civil action or proceeding for an amount in excess of such payment.
    7. In the event that the court requires restitution or  reparation  to
  be made to a person and that person dies prior to the completion of said
  restitution  or  reparation, the remaining payments shall be made to the
  estate of the deceased.
    8. The court shall in all cases where  restitution  or  reparation  is
  imposed  direct  as  part  of  the  disposition that the defendant pay a
  designated  surcharge  of  five  percent  of  the  entire  amount  of  a
  restitution  or  reparation  payment  to  the  official  or organization
  designated pursuant to  subdivision  eight  of  section  420.10  of  the
  criminal  procedure  law. The designated surcharge shall not exceed five
  percent of  the  amount  actually  collected.  Upon  the  filing  of  an
  affidavit  of  the  official  or  organization  designated  pursuant  to
  subdivision eight of  section  420.10  of  the  criminal  procedure  law
  demonstrating  that the actual cost of the collection and administration
  of restitution or reparation in a particular case exceeds  five  percent
  of the entire amount of the payment or the amount actually collected, as
  the  case  may  be,  the  court  shall  direct that the defendant pay an
  additional surcharge of not more than five percent of the entire  amount
  of a restitution or reparation payment to such official or organization,
  or  the  actual  cost of collection or administration, whichever is less
  unless, upon application of the defendant,  the  court  determines  that
  imposition  of  such  additional surcharge would cause undue hardship to
  the defendant, or any other person who is financially supported  by  the
  defendant,  or  would  otherwise not be in the interest of justice. Such
  additional surcharge, when added to the initial five percent  surcharge,
  shall not exceed ten percent of the amount actually collected.
    9.  If  the offense of which a person is convicted is a class A, class
  B, class C, or class  D  felony  involving  the  sale  of  a  controlled
  substance, as defined in article two hundred twenty of this chapter, and
  no  other victim who is a person is seeking restitution in the case, the
  term "victim" as used in this  section,  in  addition  to  its  ordinary
  meaning,  shall mean any law enforcement agency of the state of New York
  or of any subdivision thereof which has expended funds in  the  purchase
  of any controlled substance from such person or his agent as part of the
  investigation  leading  to such conviction. Any restitution which may be
  required to be made to a law enforcement agency pursuant to this section
  shall be limited to the amount of funds expended in the actual  purchase
  of  such  controlled  substance by such law enforcement agency, less the
  amount of any funds which have been or will be recovered from any  other
  source,  and  shall  not  include  a  designated  surcharge  pursuant to
  subdivision eight of this section. Any law  enforcement  agency  seeking
  restitution  pursuant  to this section shall file with the court and the
  district attorney an affidavit stating that funds expended in the actual
  purchase of a controlled substance for which restitution is being sought
  have not been and will not be recovered from any other source or in  any
  other civil or criminal proceeding. Any law enforcement agency receiving
  restitution  pursuant  to  this  section  shall promptly transmit to the
  commissioner of the division  of  criminal  justice  services  a  report
  stating the dollar amount of the restitution received.
    10.  If  the  offense  of  which  a  person is convicted is defined in
  section 150.10, 150.15 or 150.20 of this chapter, and  no  other  victim
  who is a person is seeking restitution in the case, the term "victim" as
  used  in  this  section, in addition to its ordinary meaning, shall mean
  any municipality which has expended funds or will expend funds  for  the
  purpose  of  restoration,  rehabilitation or clean-up of the site of the
  arson.  Any  restitution  which  may  be  required  to  be  made  to   a
  municipality  pursuant to this section shall be limited to the amount of
  funds  reasonably  expended  or  to  be  expended  for  the  purpose  of
  restoration,  rehabilitation  or clean-up of the site of the arson, less
  the amount of any funds which have been or will be  recovered  from  any
  other  source,  and shall not include a designated surcharge pursuant to
  subdivision eight of this section. Any municipality seeking  restitution
  pursuant  to  this  section shall file with the court, district attorney
  and defense counsel an  affidavit  stating  that  the  funds  reasonably
  expended  or  to  be expended for which restitution is being sought have
  not been and will not be recovered from any other source or in any other
  civil or criminal proceeding.
    11. Notwithstanding  any  other  provision  of  this  section  to  the
  contrary, when a person is convicted of harming an animal trained to aid
  a  person  with  a disability in the second degree as defined in section
  195.11 of this chapter, or harming an animal trained  to  aid  a  person
  with  a  disability  in the first degree as defined in section 195.12 of
  this chapter, the court, in addition to any other sentence, shall  order
  the payment of restitution to the person with a disability who was aided
  by such animal.
    12.  If  the  offense  of  which  a  person is convicted is defined in
  section 155.25, 155.30, 155.35, 155.40 or 155.42 of  this  chapter,  and
  the property taken is timber, the court may upon conviction, in addition
  to any other sentence, direct the defendant to pay the rightful owner of
  such  timber  an amount equal to treble the stumpage value of the timber
  stolen as defined in section 71-0703 of the  environmental  conservation
  law  and  for any permanent and substantial damage caused to the land or
  the improvements thereon as a result of such violation. Such reparations
  shall be of such kind, nature and extent as will reasonably restore  the
  lands  affected  by  the violation to their condition immediately before
  the  violation  and  may  be  made by physical restoration of such lands
  and/or by the assessment of monetary payment to make such restoration.
    13. If the offense of which  a  person  is  convicted  is  defined  in
  section  240.50,  subdivision  one  or  two  of  section 240.55, section
  240.60, section  240.61,  section  240.62  or  section  240.63  of  this
  chapter,  and  no other victim who is a person is seeking restitution in
  the case, the term "victim" as used in this subdivision, in addition  to
  the   ordinary  meaning,  shall  mean  any  school,  municipality,  fire
  district,  fire  company,  fire  corporation,   ambulance   association,
  ambulance  corporation,  or  other  legal  or  public  entity engaged in
  providing emergency services which has expended funds for the purpose of
  responding to a false report of an incident or false bomb as defined  in
  section  240.50,  subdivision  one  or  two  of  section 240.55, section
  240.60, section 240.61,  section  240.62,  or  section  240.63  of  this
  chapter.  Any  restitution  which may be required to be made to a victim
  pursuant to this subdivision shall be limited to  the  amount  of  funds
  reasonably  expended  for the purpose of responding to such false report
  of incident or false bomb, less the amount of any funds which have  been
  or  will  be  recovered  from  any  other source and shall not include a
  designated surcharge pursuant to subdivision eight of this section.  Any
  victim  seeking restitution pursuant to this subdivision shall file with
  the court, district attorney and defense counsel  an  affidavit  stating
  that the funds reasonably expended for which restitution is being sought
  have  not been and will not be recovered from any other source or in any
  other civil or criminal proceeding, except as provided  for  by  section
  3-112 of the general obligations law.
    14.  Where  a  transfer  of probation has occurred pursuant to section
  410.80 of the criminal procedure law and the probationer is subject to a
  restitution condition, the department of  probation  in  the  county  in
  which  the order of restitution was imposed shall notify the appropriate
  district attorney. Upon notification by  the  department  of  probation,
  such  district attorney shall file a certified copy of the judgment with
  the clerk of the county in the receiving jurisdiction  for  purposes  of
  establishing a first lien and to permit institution of civil proceedings
  pursuant  to  the provisions of subdivision six of section 420.10 of the
  criminal procedure law.

S 60.28 Authorized disposition; making graffiti and possession of
        graffiti instruments.
  When a person is convicted of an offense defined in section 145.60 or
145.65 of this chapter, or of an attempt to commit such offense, and the
sentence imposed by the court for such conviction includes a sentence of
probation or conditional discharge, the court shall, where appropriate,
include as a condition of such sentence the defendant`s successful
participation in a graffiti removal program pursuant to paragraph (h) of
subdivision two of section 65.10 of this chapter.

S 60.29 Authorized disposition; cemetery desecration.
  When a person is convicted of an offense defined in section 145.22 or
145.23 of this chapter or of an attempt to commit such an offense, and
the sentence imposed by the court for such conviction includes a
sentence of probation or conditional discharge, such sentence shall,
where appropriate, be in accordance with paragraph (h) of subdivision
two of section 65.10 of this article as such section relates to cemetery
crime.

S 60.30 Civil penalties.
  This article does not deprive the court of any authority conferred by
law to decree a forfeiture of property, suspend or cancel a license,
remove a person from office, or impose any other civil penalty and any
appropriate order exercising such authority may be included as part of
the judgment of conviction.

S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
            fee,  supplemental  sex  offender  victim fee and crime victim
            assistance fee required in certain cases.
    1. (a) Except as provided in section  eighteen  hundred  nine  of  the
  vehicle  and  traffic law and section 27.12 of the parks, recreation and
  historic preservation law, whenever  proceedings  in  an  administrative
  tribunal or a court of this state result in a conviction for a felony, a
  misdemeanor, or a violation, as these terms are defined in section 10.00
  of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
  surcharge, sex offender registration fee, DNA databank fee and  a  crime
  victim  assistance fee in addition to any sentence required or permitted
  by law, in accordance with the following schedule:
    (i) a person convicted of a felony shall pay a mandatory surcharge  of
  three  hundred  dollars and a crime victim assistance fee of twenty-five
  dollars;
    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
  surcharge  of  one  hundred  seventy-five  dollars  and  a  crime victim
  assistance fee of twenty-five dollars;
    (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
  surcharge  of  ninety-five  dollars and a crime victim assistance fee of
  twenty-five dollars;
    (iv) a person convicted of a sex offense as defined by subdivision two
  of section one hundred sixty-eight-a of the correction law or a sexually
  violent offense as defined by subdivision three of section  one  hundred
  sixty-eight-a  of  the  correction law shall, in addition to a mandatory
  surcharge  and  crime  victim  assistance  fee,  pay  a   sex   offender
  registration fee of fifty dollars.
    (v)  a  person  convicted  of  a  designated  offense  as  defined  by
  subdivision seven of section nine hundred ninety-five of  the  executive
  law  shall,  in  addition  to  a  mandatory  surcharge  and crime victim
  assistance fee, pay a DNA databank fee of fifty dollars.
    (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
  (ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
  offense contained in article one hundred thirty of this chapter,  incest
  in  the  third,  second  or  first degree as defined in sections 255.25,
  255.26 and 255.27 of this chapter or an offense contained in article two
  hundred sixty-three of this chapter, the person convicted  shall  pay  a
  supplemental sex offender victim fee of one thousand dollars in addition
  to the mandatory surcharge and any other fee.
    2.  Where  a  person  is convicted of two or more crimes or violations
  committed through a single  act  or  omission,  or  through  an  act  or
  omission which in itself constituted one of the crimes or violations and
  also  was  a  material  element  of  the other, the court shall impose a
  mandatory surcharge  and  a  crime  victim  assistance  fee,  and  where
  appropriate  a  supplemental sex offender victim fee, in accordance with
  the provisions of this section for the crime or violation which  carries
  the  highest  classification,  and  no other sentence to pay a mandatory
  surcharge, crime victim assistance  fee  or  supplemental  sex  offender
  victim  fee required by this section shall be imposed. Where a person is
  convicted of two or more sex offenses or sexually violent  offenses,  as
  defined   by   subdivisions   two  and  three  of  section  one  hundred
  sixty-eight-a of the correction law, committed through a single  act  or
  omission,  or through an act or omission which in itself constituted one
  of the offenses and also was a material element of the other, the  court
  shall  impose  only one sex offender registration fee. Where a person is
  convicted of two or more designated offenses, as defined by  subdivision
  seven  of  section  nine  hundred  ninety-five  of  the  executive  law,
  committed through a single  act  or  omission,  or  through  an  act  or
  omission  which in itself constituted one of the offenses and also was a
  material element of the other, the  court  shall  impose  only  one  DNA
  databank fee.
    3.  The  mandatory  surcharge,  sex  offender  registration  fee,  DNA
  databank fee, crime victim assistance fee, and supplemental sex offender
  victim fee provided for in subdivision one of this section shall be paid
  to the clerk of the court or administrative tribunal that  rendered  the
  conviction.  Within the first ten days of the month following collection
  of  the  mandatory  surcharge,  crime   victim   assistance   fee,   and
  supplemental  sex  offender  victim  fee, the collecting authority shall
  determine the amount of mandatory  surcharge,  crime  victim  assistance
  fee, and supplemental sex offender victim fee collected and, if it is an
  administrative  tribunal,  or  a town or village justice court, it shall
  then pay such money to the state  comptroller  who  shall  deposit  such
  money  in  the state treasury pursuant to section one hundred twenty-one
  of the  state  finance  law  to  the  credit  of  the  criminal  justice
  improvement  account established by section ninety-seven-bb of the state
  finance law. Within the first ten days of the month following collection
  of  the  sex  offender  registration  fee  and  DNA  databank  fee,  the
  collecting  authority  shall  determine  the  amount of the sex offender
  registration fee and DNA  databank  fee  collected  and,  if  it  is  an
  administrative  tribunal,  or  a town or village justice court, it shall
  then pay such money to the state  comptroller  who  shall  deposit  such
  money  in  the state treasury pursuant to section one hundred twenty-one
  of the state finance law to the credit of  the  general  fund.  If  such
  collecting  authority is any other court of the unified court system, it
  shall, within such period, pay such money attributable to the  mandatory
  surcharge  or  crime  victim assistance fee to the state commissioner of
  taxation and finance to the credit of the criminal  justice  improvement
  account established by section ninety-seven-bb of the state finance law.
  If  such  collecting  authority  is any other court of the unified court
  system, it shall, within such period, pay such money attributable to the
  sex offender registration fee and the DNA  databank  fee  to  the  state
  commissioner of taxation and finance to the credit of the general fund.
    4.  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 under the authority of this section
  based  upon  a  conviction  that  is subsequently reversed or who paid a
  mandatory surcharge, sex offender registration fee, DNA databank fee,  a
  crime  victim  assistance  fee  or  supplemental sex offender victim fee
  under the authority of this section which is ultimately  determined  not
  to  be  required  by  this section shall be entitled to a refund of such
  mandatory surcharge, sex offender registration fee,  DNA  databank  fee,
  crime victim assistance fee or supplemental sex offender victim fee 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.
    * 5.  (a)  When  a person who is convicted of a crime or violation and
  sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
  surcharge, sex offender registration fee, DNA databank fee, crime victim
  assistance  fee or supplemental sex offender victim fee required by this
  section, the clerk of the  court  that  rendered  the  conviction  shall
  notify  the  superintendent  or  the  municipal official of the facility
  where the person  is  confined.  The  superintendent  or  the  municipal
  official  shall  cause any amount owing to be collected from such person
  during his or her term of imprisonment from moneys to the credit  of  an
  inmates'  fund  or  such  moneys  as may be earned by a person in a work
  release  program  pursuant  to  section  eight  hundred  sixty  of   the
  correction  law.  Such moneys attributable to the mandatory surcharge or
  crime victim assistance fee shall be paid over to the state  comptroller
  to the credit of the criminal justice improvement account established by
  section  ninety-seven-bb  of  the  state  finance  law  and  such moneys
  attributable to the sex offender registration fee or  DNA  databank  fee
  shall be paid over to the state comptroller to the credit of the general
  fund,  except  that  any such moneys collected which are surcharges, sex
  offender registration fees, DNA databank fees, crime  victim  assistance
  fees  or  supplemental  sex  offender  victim fees levied in relation to
  convictions obtained in a town or village justice court  shall  be  paid
  within  thirty  days  after the receipt thereof by the superintendent or
  municipal official of the facility to the justice of the court in  which
  the  conviction  was  obtained.  For  the  purposes  of  collecting such
  mandatory surcharge, sex offender registration fee,  DNA  databank  fee,
  crime  victim  assistance fee, and supplemental sex offender victim fee,
  the state shall be legally entitled to the money to  the  credit  of  an
  inmates'  fund  or  money which is earned by an inmate in a work release
  program. For purposes of this  subdivision,  the  term  "inmates'  fund"
  shall  mean  moneys in the possession of an inmate at the time of his or
  her admission into such facility, 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 such superintendent or municipal official.
    (b)  The  incarceration fee provided for in subdivision two of section
  one hundred eighty-nine of the correction law shall not be  assessed  or
  collected  if  any  order  of restitution or reparation, fine, mandatory
  surcharge, sex offender registration fee, DNA databank fee, crime victim
  assistance fee or supplemental sex offender victim fee  remains  unpaid.
  In  such  circumstances,  any monies which may lawfully be withheld from
  the compensation paid to a prisoner for work performed while housed in a
  general confinement facility in satisfaction of such an obligation shall
  first be applied toward satisfaction of such obligation.
    * NB Effective until September 1, 2017
    * 5. When a person who is  convicted  of  a  crime  or  violation  and
  sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
  surcharge, sex offender registration fee, DNA databank fee, crime victim
  assistance fee or supplemental sex offender victim fee required by  this
  section,  the  clerk  of  the  court  that rendered the conviction shall
  notify the superintendent or the  municipal  official  of  the  facility
  where  the  person  is  confined.  The  superintendent  or the municipal
  official shall cause any amount owing to be collected from  such  person
  during  his  or her term of imprisonment from moneys to the credit of an
  inmates' fund or such moneys as may be earned by  a  person  in  a  work
  release   program  pursuant  to  section  eight  hundred  sixty  of  the
  correction law. Such moneys attributable to the mandatory  surcharge  or
  crime  victim assistance fee shall be paid over to the state comptroller
  to the credit of the criminal justice improvement account established by
  section ninety-seven-bb  of  the  state  finance  law  and  such  moneys
  attributable  to  the  sex offender registration fee or DNA databank fee
  shall be paid over to the state comptroller to the credit of the general
  fund, except that any such moneys collected which  are  surcharges,  sex
  offender  registration  fees, DNA databank fees, crime victim assistance
  fees or supplemental sex offender victim  fees  levied  in  relation  to
  convictions  obtained  in  a town or village justice court shall be paid
  within thirty days after the receipt thereof by  the  superintendent  or
  municipal  official of the facility to the justice of the court in which
  the conviction  was  obtained.  For  the  purposes  of  collecting  such
  mandatory  surcharge,  sex  offender registration fee, DNA databank fee,
  crime victim assistance fee and supplemental sex  offender  victim  fee,
  the  state  shall  be  legally entitled to the money to the credit of an
  inmates' fund or money which is earned by an inmate in  a  work  release
  program.  For  purposes  of  this  subdivision, the term "inmates' fund"
  shall mean moneys in the possession of an inmate at the time of  his  or
  her admission into such facility, 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 such superintendent or municipal official.
    * NB Effective September 1, 2017
    6. Notwithstanding any other provision of this section, where a person
  has made restitution or reparation pursuant to  section  60.27  of  this
  article,  such person shall not be required to pay a mandatory surcharge
  or a crime victim assistance fee.
    7. Notwithstanding the provisions of subdivision one of section  60.00
  of this article, the provisions of subdivision one of this section shall
  not apply to a violation under any law other than this chapter.
    8.  Subdivision  one  of  section 130.10 of the criminal procedure law
  notwithstanding, at the time that the mandatory surcharge, sex  offender
  registration  fee  or  DNA  databank fee, crime victim assistance fee or
  supplemental sex offender victim fee is imposed a town or village  court
  may,  and  all other courts shall, issue and cause to be served upon the
  person  required  to  pay  the   mandatory   surcharge,   sex   offender
  registration  fee  or  DNA  databank fee, crime victim assistance fee or
  supplemental sex offender victim fee,  a  summons  directing  that  such
  person  appear  before  the court regarding the payment of the mandatory
  surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
  victim  assistance fee or supplemental sex offender victim fee, if after
  sixty days  from  the  date  it  was  imposed  it  remains  unpaid.  The
  designated  date of appearance on the summons shall be set for the first
  day court is  in  session  falling  after  the  sixtieth  day  from  the
  imposition  of the mandatory surcharge, sex offender registration fee or
  DNA databank fee,  crime  victim  assistance  fee  or  supplemental  sex
  offender  victim fee. The summons shall contain the information required
  by subdivision two of section  130.10  of  the  criminal  procedure  law
  except that in substitution for the requirement of paragraph (c) of such
  subdivision  the  summons shall state that the person served must appear
  at a date, time and specific location specified in the summons if  after
  sixty  days  from  the  date  of  issuance  the mandatory surcharge, sex
  offender registration fee or DNA databank fee, crime  victim  assistance
  fee  or  supplemental  sex offender victim fee remains unpaid. The court
  shall not issue a summons under this subdivision  to  a  person  who  is
  being sentenced to a term of confinement in excess of sixty days in jail
  or  in  the  department  of  corrections  and community supervision. The
  mandatory surcharges, sex offender registration  fee  and  DNA  databank
  fees,  crime victim assistance fees and supplemental sex offender victim
  fees for those persons shall be governed by the  provisions  of  section
  60.30 of this article.
    9.  Notwithstanding the provisions of subdivision one of this section,
  in the event a proceeding is in a town  or  village  court,  such  court
  shall  add  an additional five dollars to the surcharges imposed by such
  subdivision one.
    10. The provisions of this section shall apply  to  sentences  imposed
  upon a youthful offender finding; provided, however that the court shall
  not  impose  the  sex  offender  registration  fee,  DNA databank fee or
  supplemental sex offender victim fee, as defined in  subparagraphs  (iv)
  and  (v)  of  paragraph (a) and paragraph (b) of subdivision one of this
  section, for an offense in which the conviction was substituted  with  a
  youthful offender finding.

S 60.36 Authorized dispositions; driving while intoxicated offenses.
  Where  a  court  is imposing a sentence for a violation of subdivision
two, two-a, or three of section eleven hundred ninety-two of the vehicle
and traffic law pursuant to sections 65.00 or 65.05 of this  title  and,
as a condition of such sentence, orders the installation and maintenance
of  an ignition interlock device, the court may impose any other penalty
authorized pursuant  to  section  eleven  hundred  ninety-three  of  the
vehicle and traffic law.

S 60.37 Authorized disposition; certain offenses.
 When  a  person  has  been charged with an offense and the elements of
such offense meet the criteria of an "eligible offense" and such  person
qualifies  as  an "eligible person" as such terms are defined in section
four hundred fifty-eight-l of the social services law, the court may, as
a condition of adjournment in contemplation of dismissal  in  accordance
with  section  170.55  of  the criminal procedure law, or a condition of
probation  or  a  conditional  discharge,  direct  that  the   defendant
participate  in  an education reform program pursuant to subdivision two
of section four hundred fifty-eight-l of the social services law.

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