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Bill > S00318

NY S00318

NY S00318
Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of

summary

Introduced
01/08/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, the executive law, the correction law, the vehicle and traffic law, the village law and the state finance law, in relation to eliminating certain court surcharges and fees; and to repeal certain provisions of the penal law, the vehicle and traffic law, the correction law, the parks, recreation and historic preservation law, the executive law and the environmental conservation law relating thereto (Part A); to amend the penal law and the vehicle and traffic law, in relation to mandating that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); to amend the criminal procedure law, in relation to eliminating the availability of incarceration as a remedy for a failure to pay a fine, surcharge or fee, lifting and vacating all existing warrants issued solely based on a person's failure to timely pay a fine, surcharge or fee and ending all existing sentences of incarceration based on such failure; and to repeal certain provisions of the criminal procedure law relating thereto (Part C); in relation to vacating all existing unsatisfied civil judgments entered solely based on a person's failure to timely pay a surcharge or fee and to repeal certain provisions of the criminal procedure law relating thereto (Part D); to amend the criminal procedure law, in relation to prohibiting the collection of a fine, restitution or reparation from the funds of an incarcerated person; and to amend the correction law, in relation to prohibiting the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); and in S. 318--A 2 relation to vacating all existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees (Part F)

AI Summary

This bill aims to alleviate financial burdens on individuals involved in the justice system by eliminating or reducing various court and probation/parole surcharges and fees, and by reforming how fines are imposed and collected. Specifically, it removes the requirement that individuals must be financially able to pay restitution when their sentences are merit-terminated or discharged, and it mandates that courts assess a person's ability to pay fines before imposing them, preventing incarceration solely for non-payment. The bill also vacates existing warrants and civil judgments issued solely for failure to pay fines, surcharges, or fees, and prohibits the collection of these debts from the funds of incarcerated individuals or from prisoners' earnings. Additionally, it addresses the collection of specific fees like DNA databank fees and crime victim assistance fees, and it repeals several provisions related to these financial obligations.

Committee Categories

Housing and Urban Affairs

Sponsors (25)

Last Action

PRINT NUMBER 318A (on 02/02/2026)
(1 Companion Bills)

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