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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
562
2003-2004 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2003
___________
Introduced by M. of A. HOYT, ENGLEBRIGHT, GRANNIS, SANDERS -- Multi-
Sponsored by -- M. of A. LAVELLE, McENENY -- read once and referred
to the Committee on Children and Families
AN ACT to amend the social services law, the penal law, the state
finance law and the civil practice law and rules, in relation to
creating a pilot program for parent workshops for parents of newborn
infants who may be considered at risk for negative parenting outcomes
in order to prevent juvenile delinquent behavior and to provide fund-
ing therefor through an increase in, and segregation of, the crime
victim assistance fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The title heading of title 4 of article 6 of the social
2 services law, as added by chapter 610 of the laws of 1979, is amended to
3 read as follows:
4 PREVENTIVE SERVICES FOR CHILDREN AND THEIR FAMILIES; PARENTING
5 WORKSHOP PILOT PROGRAM
6 S 2. The social services law is amended by adding a new section 409-c
7 to read as follows:
8 S 409-C. PARENTING WORKSHOP PILOT PROGRAM. 1. LEGISLATIVE FINDINGS.
9 THE LEGISLATURE FINDS AND DECLARES THAT JUVENILE CRIME HAS BEEN STEADILY
10 INCREASING IN NEW YORK STATE AT AN ALARMING RATE. IT IS UNDERSTOOD THAT
11 CHILDREN DO NOT SUDDENLY BECOME PRONE TO DELINQUENT OR VIOLENT BEHAVIOR,
12 BUT THAT SUCH BEHAVIOR MAY BE ATTRIBUTABLE TO THE FAMILY AND COMMUNITY
13 ENVIRONMENT IN WHICH THEY HAVE DEVELOPED. RESEARCHERS HAVE FOUND A
14 NUMBER OF RISK FACTORS ASSOCIATED WITH, OR INDICATIONS OF PROCLIVITY
15 TOWARDS, JUVENILE DELINQUENCY AND YOUTH VIOLENCE, MANY OF WHICH ARE
16 ROOTED WITHIN THE FAMILY. THESE RISK FACTORS INCLUDE CHILD ABUSE OR
17 NEGLECT, LACK OF PARENT AND CHILD BONDING, UNDULY HARSH OR ERRATIC
18 PARENTAL DISCIPLINE, AND PARENTAL ABSENCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02898-01-3
A. 562 2
1 THE LEGISLATURE THEREFORE DECLARES THAT A PILOT PROGRAM DIRECTED
2 TOWARD PARENTS OF NEWBORN INFANTS CONSIDERED TO BE AT RISK FOR NEGATIVE
3 PARENTING OUTCOMES BE DEVELOPED IN AN EFFORT TO REDUCE, AT THE EARLIEST
4 OPPORTUNITY, MANY OF THE FAMILY RISK FACTORS ATTRIBUTABLE TO JUVENILE
5 DELINQUENCY AND YOUTH VIOLENCE. IT IS BELIEVED THAT CREATING A PARENTING
6 WORKSHOP PROGRAM AT SIX VARIOUS LOCATIONS THROUGHOUT THE STATE WHICH
7 WOULD INCLUDE PARENTS FROM BOTH RURAL AND URBAN AREAS, AS BOTH OF THESE
8 AREAS HAVE EXPERIENCED AN INCREASE IN JUVENILE CRIME, AND WHICH WOULD
9 INCLUDE BOTH PARENTS DEEMED AT RISK, AS WELL AS THOSE WHO ARE NOT AT
10 RISK IN ORDER TO ELIMINATE ANY STIGMATIZATION OF THE AT RISK PARENTS,
11 WILL LIKELY ATTRACT THOSE PARENTS MOST IN NEED.
12 2. PARENTING WORKSHOP PILOT PROGRAM. (A) THE COMMISSIONER OF THE
13 OFFICE OF CHILDREN AND FAMILY SERVICES IS HEREBY AUTHORIZED AND DIRECTED
14 TO ESTABLISH A PARENTING WORKSHOP PILOT PROGRAM WITHIN NEW YORK STATE.
15 SUCH PILOT PROGRAM MAY PROVIDE FOR THE ESTABLISHMENT OF LOCAL PARENTING
16 WORKSHOP PROGRAMS IN LONG ISLAND, NEW YORK CITY, WESTCHESTER COUNTY, THE
17 CAPITAL DISTRICT, BINGHAMTON, WATERTOWN, BUFFALO, SYRACUSE, AND ROCHES-
18 TER. THE PURPOSE OF THE PILOT PROGRAM WOULD BE TO ESTABLISH LOCAL
19 PARENTING WORKSHOP PROGRAMS THAT WOULD PROVIDE PARENT TRAINING, EDUCA-
20 TION AND INFORMATION, IN AN EFFORT TO ASSIST AND EDUCATE PARENTS AND
21 CHILDREN, AND IN AN EFFORT TO:
22 (I) DEVELOP IMPROVED PARENTING AND FAMILY INTERACTION SKILLS;
23 (II) PROMOTE POSITIVE CHILD DEVELOPMENT;
24 (III) PROMOTE PRIMARY EDUCATION;
25 (IV) REDUCE THE INCIDENCE OF CHILD ABUSE, NEGLECT AND MISTREATMENT;
26 AND
27 (V) REDUCE THE INCIDENCE OF JUVENILE DELINQUENCY AND CRIME.
28 (B) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
29 SHALL PROMULGATE REGULATIONS AND REQUIREMENTS FOR THE ESTABLISHMENT OF
30 THE PARENTING WORKSHOP PILOT PROGRAM. THE REGULATIONS ESTABLISHING THE
31 PARENTING WORKSHOP PILOT PROGRAM SHALL ALSO PROVIDE FOR A PROCEDURE BY
32 WHICH THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY
33 DESIGNATE SPONSORS FOR LOCAL PARENTING WORKSHOP PROGRAMS FOR EACH LOCAL-
34 ITY TO BE SERVED. CONSISTENT WITH THE FOREGOING, A PROSPECTIVE SPONSOR
35 OF A LOCAL PARENTING WORKSHOP PROGRAM SHALL SUBMIT A PROPOSAL FOR
36 APPROVAL BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
37 SERVICES WHICH DESCRIBES:
38 (I) THE SPECIFIC POPULATION TO BE SERVED;
39 (II) THE MANNER IN WHICH SUCH POPULATION WILL BE IDENTIFIED;
40 (III) THE SPECIFIC PARENTING SERVICES TO BE PROVIDED;
41 (IV) THE MANNER IN WHICH SUCH PARENTING SERVICES SHALL BE PROVIDED;
42 (V) ALL ASSOCIATED COSTS;
43 (VI) THE EXPECTED BENEFITS OF THE LOCAL PARENTING WORKSHOP PROGRAM;
44 (VII) THE METHOD TO BE UTILIZED TO MEASURE THE EFFECTIVENESS OF THE
45 LOCAL PARENTING WORKSHOP PROGRAM; AND
46 (VIII) SUCH OTHER INFORMATION AS THE COMMISSIONER OF THE OFFICE OF
47 CHILDREN AND FAMILY SERVICES MAY DEEM NECESSARY TO ASSURE THE SUCCESS
48 AND SAFETY OF THE LOCAL PARENTING WORKSHOP PROGRAM.
49 3. APPROVAL AND TERMS OF SPONSORS AND LOCAL PARENTING WORKSHOP
50 PROGRAMS. THE WRITTEN APPROVAL OF A SPONSOR`S APPLICATION BY THE COMMIS-
51 SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONSTITUTE
52 AUTHORIZATION TO A SPONSOR TO COMMENCE A LOCAL PARENTING WORKSHOP
53 PROGRAM.
54 SUCH AUTHORIZATION SHALL BE IN EFFECT FOR THREE YEARS, ABSENT REVOCA-
55 TION OR EXTENSION BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
56 FAMILY SERVICES.
A. 562 3
1 4. REPORTING AND EVALUATION OF THE PROGRAM. ON OR BEFORE EACH ONE YEAR
2 ANNIVERSARY OF THE PILOT PROGRAM`S INCEPTION, THE COMMISSIONER OF THE
3 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO THE
4 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
5 ASSEMBLY CONCERNING THE LOCAL PARENTING WORKSHOP PROGRAMS ESTABLISHED IN
6 THIS SECTION AND SHALL PROVIDE AN EVALUATION AS TO THE EFFECTIVENESS OF
7 THE PILOT PROGRAM IN MEETING THE PURPOSES FOR WHICH IT WAS ESTABLISHED.
8 SUCH REPORT SHALL ALSO RECOMMEND WHETHER THE PILOT PROGRAM SHOULD BE
9 EXPANDED TO ADDITIONAL LOCATIONS IN THE STATE AND SHALL ESTIMATE THE
10 FINANCIAL COST OF ANY SUCH EXPANSION.
11 5. FUNDING. THE FUNDING FOR THIS PROGRAM SHALL BE OBTAINED FROM THAT
12 PORTION OF THE INCREASED FEES COLLECTED UNDER THE CRIME VICTIM ASSIST-
13 ANCE FEES PURSUANT TO SECTION 60.35 OF THE PENAL LAW WHICH ARE IMPOSED
14 WHERE THE VICTIM OF A CRIME IS A PERSON EIGHTEEN YEARS OF AGE OR YOUNGER
15 AND WHICH FEES HAVE BEEN REMITTED TO THE STATE COMPTROLLER AND SEGRE-
16 GATED IN THE BETTER PARENTING TRUST ACCOUNT PURSUANT TO SECTION NINETY-
17 SEVEN-DDDD OF THE STATE FINANCE LAW.
18 S 3. Section 80.05 of the penal law is amended by adding a new subdi-
19 vision 7 to read as follows:
20 7. THE TERM "FINE" AS USED IN THIS SECTION SHALL NOT INCLUDE A MANDA-
21 TORY SURCHARGE OR A CRIME VICTIM ASSISTANCE FEE AS DEFINED IN SECTION
22 60.35 OF THIS CHAPTER.
23 S 4. Subdivisions 1, 3, 4, 6, 7, 8 and 9 of section 60.35 of the penal
24 law, subdivision 1 as amended by section 1 of part L of chapter 57 of
25 the laws of 2000, subdivisions 3, 4, 6 and 7 as amended by chapter 62 of
26 the laws of 1989, subdivision 8 as added by chapter 3 of the laws of
27 1995 and subdivision 9 as added by chapter 452 of the laws of 1997, are
28 amended to read as follows:
29 1. Except as provided in section eighteen hundred nine of the vehicle
30 and traffic law and section 27.12 of the parks, recreation and historic
31 preservation law, whenever proceedings in an administrative tribunal or
32 a court of this state result in a conviction for a felony, a misdemea-
33 nor, or a violation, as these terms are defined in section 10.00 of this
34 chapter, there shall be levied at sentencing a mandatory surcharge and a
35 crime victim assistance fee in addition to any sentence required or
36 permitted by law, in accordance with the following schedule:
37 (a) A PERSON CONVICTED OF A VIOLENT FELONY OFFENSE, AS DEFINED IN
38 SECTION 70.02 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
39 HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF TWO HUNDRED
40 FIFTY DOLLARS;
41 (B) a person convicted of {a} ANY OTHER felony shall pay a mandatory
42 surcharge of two hundred FIFTY dollars and a crime victim assistance fee
43 of {ten} ONE HUNDRED FIFTY dollars;
44 {(b)} (C) a person convicted of a misdemeanor shall pay a mandatory
45 surcharge of one hundred ten dollars and a crime victim assistance fee
46 of {ten} SEVENTY-FIVE dollars;
47 {(c)} (D) a person convicted of a violation shall pay a mandatory
48 surcharge of fifty dollars and a crime victim assistance fee of {ten}
49 TWENTY-FIVE dollars.
50 3. The mandatory surcharge {and crime victim assistance fee} provided
51 for in subdivision one of this section shall be paid to the clerk of the
52 court or administrative tribunal that rendered the conviction. Within
53 the first ten days of the month following collection of the mandatory
54 surcharge {and crime victim assistance fee}, the collecting authority
55 shall determine the amount of mandatory surcharge {and crime victim
56 assistance fee} collected and, if it is an administrative tribunal, or a
A. 562 4
1 town or village justice court, it shall then pay such money to the state
2 comptroller who shall deposit such money in the state treasury pursuant
3 to section one hundred twenty-one of the state finance law to the credit
4 of the criminal justice improvement account established by section nine-
5 ty-seven-bb of the state finance law. If such collecting authority is
6 any other court of the unified court system, it shall, within such peri-
7 od, pay such money to the state commissioner of taxation and finance to
8 the credit of the criminal justice improvement account established by
9 section ninety-seven-bb of the state finance law.
10 4. WITHIN THE FIRST TEN DAYS FOLLOWING THE PRONOUNCEMENT OF SENTENCE
11 OF THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING THE
12 SENTENCE SHALL CALCULATE AND DETERMINE THE AMOUNT OF THE CRIME VICTIM
13 ASSISTANCE FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION. IMME-
14 DIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF THE
15 COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE CONVICTION THE FULL
16 AMOUNT OF THE CRIME VICTIM ASSISTANCE FEE SO CALCULATED AND DETERMINED,
17 AND SUCH COURT SHALL THEREUPON ACT AS THE COLLECTING AUTHORITY. IF SUCH
18 COLLECTING AUTHORITY IS AN ADMINISTRATIVE TRIBUNAL, OR A TOWN OR VILLAGE
19 JUSTICE COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE COMPTROLLER WHO
20 SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE
21 HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF THE CRIME
22 VICTIM ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-CCCC OF
23 THE STATE FINANCE LAW, UNLESS THE VICTIM OF THE CRIME FOR WHICH THE
24 OFFENDER HAS BEEN CONVICTED WAS LESS THAN NINETEEN YEARS OF AGE AT THE
25 TIME OF THE COMMISSION OF THE OFFENSE, THEN IN WHICH CASE THE COMP-
26 TROLLER SHALL DEPOSIT SUCH MONIES INTO THE BETTER PARENTING TRUST
27 ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-DDDD OF THE STATE FINANCE
28 LAW. IF SUCH COLLECTING AUTHORITY IS ANY OTHER COURT OF THE UNIFIED
29 COURT SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY TO THE STATE
30 COMMISSIONER OF TAXATION AND FINANCE TO THE CREDIT OF THE CRIME VICTIM
31 ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-CCCC OF THE STATE
32 FINANCE LAW, UNLESS THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER HAS
33 BEEN CONVICTED IS LESS THAN NINETEEN YEARS OF AGE, IN WHICH CASE SUCH
34 MONEY SHALL BE CREDITED TO THE BETTER PARENTING TRUST ACCOUNT ESTAB-
35 LISHED BY SECTION NINETY-SEVEN-DDDD OF THE STATE FINANCE LAW.
36 5. Any person who has paid a mandatory surcharge or a crime victim
37 assistance fee under the authority of this section based upon a
38 conviction that is subsequently reversed or who paid a mandatory
39 surcharge or a crime victim assistance fee under the authority of this
40 section which is ultimately determined not to be required by this
41 section shall be entitled to a refund of such mandatory surcharge or
42 crime victim assistance fee upon application to the state comptroller.
43 The state comptroller shall require such proof as is necessary in order
44 to determine whether a refund is required by law.
45 {6} 7. Notwithstanding any other provision of this section, where a
46 person has made restitution or reparation pursuant to section 60.27 of
47 this {chapter} ARTICLE, such person {shall} AT THE DISCRETION OF THE
48 COURT, MAY not be required to pay a mandatory surcharge or a crime
49 victim assistance fee.
50 {7} 8. Notwithstanding the provisions of subdivision one of section
51 60.00 of this {chapter} ARTICLE, the provisions of subdivision one of
52 this section shall not apply to a violation under any law other than
53 this chapter.
54 {8} 9. Subdivision one of section 130.10 of the criminal procedure law
55 notwithstanding, at the time that the mandatory surcharge is imposed a
56 town or village court may, and all other courts shall, issue and cause
A. 562 5
1 to be served upon the person required to pay the mandatory surcharge, a
2 summons directing that such person appear before the court regarding the
3 payment of the mandatory surcharge if after sixty days from the date it
4 was imposed it remains unpaid. The designated date of appearance on the
5 summons shall be set for the first day court is in session falling after
6 the sixtieth day from the imposition of the mandatory surcharge. The
7 summons shall contain the information required by subdivision two of
8 section 130.10 of the criminal procedure law except that in substitution
9 for the requirement of paragraph (c) of such subdivision the summons
10 shall state that the person served must appear at a date, time and
11 specific location specified in the summons if after sixty days from the
12 date of issuance the mandatory surcharge remains unpaid. The court shall
13 not issue a summons under this subdivision to a person who is being
14 sentenced to a term of confinement in excess of sixty days in jail or in
15 the department of correctional services. The mandatory surcharges for
16 those persons shall be governed by the provisions of section 60.30 of
17 {the penal law} THIS ARTICLE.
18 {9} 10. Notwithstanding the provisions of subdivision one of this
19 section, in the event a proceeding is in a town or village court, such
20 court shall add an additional five dollars to the surcharges imposed by
21 such subdivision one.
22 S 5. Subdivision 5 of section 60.35 of the penal law, as amended by
23 chapter 3 of the laws of 1995 and paragraph (a) as amended by chapter
24 385 of the laws of 1999, is amended to read as follows:
25 {5.} 6. (a) When a person who is convicted of a crime or violation and
26 sentenced to a term of imprisonment has failed to pay the mandatory
27 surcharge or crime victim assistance fee required by this section, the
28 clerk of the court that rendered the conviction shall notify the super-
29 intendent or the municipal official of the facility where the person is
30 confined. The superintendent or the municipal official shall cause any
31 amount owing to be collected from such person during his term of impri-
32 sonment from moneys to the credit of an inmates` fund or such moneys as
33 may be earned by a person in a work release program pursuant to section
34 eight hundred sixty of the correction law OR AS THEY MAY BE AWARDED TO
35 SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION. Such
36 moneys, WITH RESPECT TO PAYMENT OF THE MANDATORY SURCHARGE, shall be
37 paid over to the state comptroller to the credit of the criminal justice
38 improvement account established by section ninety-seven-bb of the state
39 finance law, except that any such moneys collected which are surcharges
40 or crime victim assistance fees levied in relation to convictions
41 obtained in a town or village justice court shall be paid within thirty
42 days after the receipt thereof by the superintendent or municipal offi-
43 cial of the facility to the justice of the court in which the conviction
44 was obtained. PROVIDED FURTHER THAT, EXCEPT FOR SUCH MONEYS COLLECTED
45 WHICH ARE SURCHARGES OR CRIME VICTIM ASSISTANCE FEES LEVIED IN RELATION
46 TO CONVICTIONS OBTAINED IN A TOWN OR VILLAGE JUSTICE COURT, SUCH MONEYS,
47 WITH RESPECT TO THE PAYMENT OF THE CRIME VICTIM ASSISTANCE FEE, SHALL BE
48 PAID OVER TO THE STATE COMPTROLLER TO THE CREDIT OF THE CRIME VICTIM
49 ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-CCCC OF THE STATE
50 FINANCE LAW OR TO THE BETTER PARENTING TRUST ACCOUNT ESTABLISHED BY
51 SECTION NINETY-SEVEN-DDDD OF THE STATE FINANCE LAW IN THE MANNER
52 PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. For the purposes of
53 collecting such mandatory surcharge and crime victim assistance fee, the
54 state shall be legally entitled to the money to the credit of an
55 inmates` fund or money which is earned by an inmate in a work release
56 program, OR AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION
A. 562 6
1 OR SETTLEMENT OF LITIGATION. For purposes of this subdivision, the term
2 "inmates` fund" shall mean moneys in the possession of an inmate at the
3 time of his admission into such facility, funds earned by him as
4 provided for in section one hundred eighty-seven of the correction law
5 and any other funds received by him or on his behalf and deposited with
6 such superintendent or municipal official, OR FUNDS RECEIVED, INCLUDING
7 ANY FUNDS THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR
8 SETTLEMENT OF LITIGATION.
9 (b) The incarceration fee provided for in subdivision two of section
10 one hundred eighty-nine of the correction law shall not be assessed or
11 collected if any order of restitution or reparation, fine, mandatory
12 surcharge or crime victim assistance fee remains unpaid. In such circum-
13 stances, any monies which may lawfully be withheld from the compensation
14 paid to a prisoner for work performed while housed in a general confine-
15 ment facility in satisfaction of such an obligation shall first be
16 applied toward satisfaction of such obligation.
17 S 6. Subdivision 5 of section 60.35 of the penal law, as amended by
18 chapter 385 of the laws of 1999, is amended to read as follows:
19 {5} 6. When a person who is convicted of a crime or violation and
20 sentenced to a term of imprisonment has failed to pay the mandatory
21 surcharge or crime victim assistance fee required by this section, the
22 clerk of the court that rendered the conviction shall notify the super-
23 intendent or the municipal official of the facility where the person is
24 confined. The superintendent or the municipal official shall cause any
25 amount owing to be collected from such person during his term of impri-
26 sonment from moneys to the credit of an inmates` fund or such moneys as
27 may be earned by a person in a work release program pursuant to section
28 eight hundred sixty of the correction law OR AS THEY MAY BE AWARDED TO
29 SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION. Such
30 moneys, WITH RESPECT TO PAYMENT OF THE MANDATORY SURCHARGE, shall be
31 paid over to the state comptroller to the credit of the criminal justice
32 improvement account established by section ninety-seven-bb of the state
33 finance law, except that any such moneys collected which are surcharges
34 or crime victim assistance fees levied in relation to convictions
35 obtained in a town or village justice court shall be paid within thirty
36 days after the receipt thereof by the superintendent or municipal offi-
37 cial of the facility to the justice of the court in which the conviction
38 was obtained. PROVIDED FURTHER THAT, EXCEPT FOR SUCH MONEYS COLLECTED
39 WHICH ARE SURCHARGES OR CRIME VICTIM ASSISTANCE FEES LEVIED IN RELATION
40 TO CONVICTIONS OBTAINED IN A TOWN OR VILLAGE JUSTICE COURT, SUCH MONEYS,
41 WITH RESPECT TO THE PAYMENT OF THE CRIME VICTIM ASSISTANCE FEE, SHALL BE
42 PAID OVER TO THE STATE COMPTROLLER TO THE CREDIT OF THE CRIME VICTIM
43 ASSISTANCE ACCOUNT ESTABLISHED BY SECTION NINETY-SEVEN-CCCC OF THE STATE
44 FINANCE LAW OR TO THE BETTER PARENTING TRUST ACCOUNT ESTABLISHED BY
45 SECTION NINETY-SEVEN-DDDD OF THE STATE FINANCE LAW IN THE MANNER
46 PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. For the purposes of
47 collecting such mandatory surcharge and crime victim assistance fee, the
48 state shall be legally entitled to the money to the credit of an
49 inmates` fund or money which is earned by an inmate in a work release
50 program, OR AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION
51 OR SETTLEMENT OF LITIGATION. For purposes of this subdivision, the term
52 "inmates` fund" shall mean moneys in the possession of an inmate at the
53 time of his admission into such facility, funds earned by him as
54 provided for in section one hundred eighty-seven of the correction law
55 and any other funds received by him or on his behalf and deposited with
56 such superintendent or municipal official, OR FUNDS RECEIVED, INCLUDING
A. 562 7
1 ANY FUNDS THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR
2 SETTLEMENT OF LITIGATION.
3 S 7. The state finance law is amended by adding a new section 97-cccc
4 to read as follows:
5 S 97-CCCC. CRIME VICTIM ASSISTANCE ACCOUNT. 1. THERE IS HEREBY ESTAB-
6 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
7 GENERAL A SPECIAL REVENUE FUND TO BE KNOWN AS THE "CRIME VICTIM ASSIST-
8 ANCE ACCOUNT".
9 2. THE CRIME VICTIM ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
10 RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
11 OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
12 ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
13 3. MONIES OF THE CRIME VICTIM ASSISTANCE ACCOUNT SHALL BE MADE AVAIL-
14 ABLE FOR THE FOLLOWING PURPOSES:
15 (A) FOR STATE OPERATION EXPENSES AND LOCAL ASSISTANCE SERVICES TO
16 PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, INCLUDING ANY PARENTING
17 WORKSHOP PILOT PROGRAM WHICH MAY BE ESTABLISHED; AND
18 (B) FOR GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND
19 PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
20 (C) FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
21 4. EXCEPT FOR PAYMENTS MADE IN SUPPORT OF ANY PARENTING WORKSHOP PILOT
22 PROGRAM ESTABLISHED IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-C OF
23 THE SOCIAL SERVICES LAW, ALL MONIES ALLOCATED FROM THE CRIME VICTIM
24 ASSISTANCE ACCOUNT FOR STATE OPERATION EXPENSES AND LOCAL ASSISTANCE
25 SERVICES, TO PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT,
26 IN THE AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE
27 ACCOUNT`S PREVIOUS YEAR`S ANNUAL CASH BALANCE.
28 5. MONIES ALLOCATED FROM THE CRIME VICTIM ASSISTANCE ACCOUNT FOR
29 GRANTS AND EXPENSES TO PRIVATE ASSOCIATIONS, SERVICES AND PROGRAMS,
30 WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
31 AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE FUNDS OF THE ACCOUNT`S
32 PREVIOUS YEAR`S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
33 ANNUAL RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE AS TO THE
34 ALLOCATION OF THESE MONIES.
35 6. UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM ASSISTANCE FEE, OR
36 A PORTION THEREOF, FROM A CONVICTED OFFENDER, THE COMPTROLLER SHALL
37 DEPOSIT SUCH MONIES INTO THE CRIME VICTIM ASSISTANCE ACCOUNT. AT THE
38 REQUEST OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
39 SERVICES, THE COMPTROLLER SHALL PROVIDE FUNDING FOR THE PARENTING WORK-
40 SHOP PILOT PROGRAM ESTABLISHED IN ACCORDANCE WITH SECTION FOUR HUNDRED
41 NINE-C OF THE SOCIAL SERVICES LAW, BY PAYMENTS FROM SUCH ACCOUNT.
42 7. A CRIME VICTIM SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL
43 FOR A CRIME VICTIM PAYMENT ANYTIME AFTER A PAYMENT OR COLLECTION OF A
44 CRIME VICTIM ASSISTANCE FEE, OR A PORTION THEREOF, IS MADE FROM SUCH
45 VICTIM`S CONVICTED OFFENDER. SUCH APPLICATION SHALL SPECIFY THE CURRENT
46 NAME AND ADDRESS OF THE CRIME VICTIM, THE NAME OF THE OFFENDER AND THE
47 AMOUNT OF CRIME VICTIM`S ASSISTANCE REQUESTED. UPON VERIFICATION FROM
48 THE STATE COMPTROLLER THAT PAYMENT OR COLLECTION OF MONIES WERE MADE
49 AGAINST SUCH CONVICTED OFFENDER AND THAT SUCH MONIES WERE DEPOSITED INTO
50 THE CRIME VICTIM ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF
51 ANY, THAT HAVE BEEN PREVIOUSLY PAID BY OR COLLECTED FROM, SUCH CONVICTED
52 OFFENDER, THE COMPTROLLER SHALL CERTIFY TO THE ATTORNEY GENERAL THAT
53 SUCH APPLICANT IS ELIGIBLE TO RECEIVE A CRIME VICTIM PAYMENT. SUCH
54 CERTIFICATION SHALL SPECIFY THE AMOUNT OF THE MONIES DEPOSITED AND HELD
55 IN THE CRIME VICTIM ASSISTANCE ACCOUNT AS A RESULT OF THE PAYMENT BY, OR
56 THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER, AND SHALL BE
A. 562 8
1 ISSUED WITHIN THIRTY DAYS OF THE TIME WHEN THE CRIME VICTIM`S APPLICA-
2 TION WAS FORWARDED FROM THE ATTORNEY GENERAL TO THE COMPTROLLER. AFTER
3 THE ISSUANCE OF SUCH CERTIFICATION, PURSUANT TO THE REQUEST OF THE
4 ATTORNEY GENERAL, THE COMPTROLLER SHALL WITHIN THIRTY DAYS OF SUCH
5 REQUEST, ISSUE AND PROVIDE A PRO RATA PAYMENT TO EACH CRIME VICTIM IN
6 THE AMOUNT OF SEVENTY-FIVE PERCENT OF THE AMOUNT OF MONEY SO CERTIFIED
7 AS HAVING BEEN DEPOSITED AND HELD IN THE CRIME VICTIM ASSISTANCE ACCOUNT
8 AS A RESULT OF THE PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE
9 CONVICTED OFFENDER.
10 S 8. The state finance law is amended by adding a new section 97-dddd
11 to read as follows:
12 S 97-DDDD. BETTER PARENTING TRUST ACCOUNT. 1. THERE IS HEREBY ESTAB-
13 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
14 ER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES A SPECIAL REVENUE FUND
15 TO BE KNOWN AS THE "BETTER PARENTING TRUST ACCOUNT".
16 2. THE BETTER PARENTING TRUST ACCOUNT SHALL CONSIST OF ALL MONIES
17 RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
18 OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED, APPROPRI-
19 ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
20 3. MONIES OF THE BETTER PARENTING TRUST ACCOUNT SHALL BE MADE AVAIL-
21 ABLE FOR THE COST OF PROVIDING FOR A PARENTING WORKSHOP PILOT PROGRAM
22 ESTABLISHED IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-C OF THE SOCIAL
23 SERVICES LAW.
24 4. UPON THE RECEIPT OF CRIME VICTIM ASSISTANCE FEES, THE COMPTROLLER
25 SHALL DEPOSIT SUCH MONIES INTO THE BETTER PARENTING TRUST ACCOUNT. AT
26 THE REQUEST OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
27 SERVICES, THE COMPTROLLER SHALL PROVIDE FUNDING FOR AN APPROVED LOCAL
28 PARENTING WORKSHOP PROGRAM ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED
29 NINE-C OF THE SOCIAL SERVICES LAW.
30 S 9. The opening paragraph of paragraph 2 of subdivision (f) of
31 section 1101 of the civil practice law and rules, as added by section 1
32 of part D of chapter 412 of the laws of 1999, is amended to read as
33 follows:
34 If the court determines that the inmate has insufficient means to pay
35 the full filing fee, the court may permit the inmate to pay a reduced
36 filing fee, the minimum of which shall not be less than fifteen dollars
37 and the maximum of which shall not be more than fifty dollars. The court
38 shall require an initial payment of such portion of the reduced filing
39 fee as the inmate can reasonably afford or shall authorize no initial
40 payment of the fee if exceptional circumstances render the inmate unable
41 to pay any fee; provided however, that the difference between the amount
42 of the reduced filing fee and the amount paid by the inmate in the
43 initial partial payment shall be assessed against the inmate as an
44 outstanding obligation to be collected either by the superintendent or
45 the municipal official of the facility at which the inmate is confined,
46 as the case may be, in the same manner that mandatory surcharges are
47 collected as provided for in subdivision {five} SIX of section 60.35 of
48 the penal law. The court shall notify the superintendent or the munici-
49 pal official of the facility where the inmate is housed of the amount of
50 the reduced filing fee that was not directed to be paid by the inmate.
51 Thereafter, the superintendent or the municipal official shall forward
52 to the court any fee obligations that have been collected, provided
53 however, that:
54 S 10. This act shall take effect on the ninetieth day after it shall
55 have become a law; provided, however, that the amendments to subdivision
56 5 of section 60.35 of the penal law made by section five of this act
A. 562 9
1 shall not affect the expiration and reversion of such subdivision as
2 provided by section 74 of chapter 3 of the laws of 1995, as amended and
3 shall be deemed to expire therewith and at such time section six of this
4 act shall take effect and provided further that the amendment to subdi-
5 vision (f) of section 1101 of the civil practice law and rules made by
6 section nine of this act shall not affect the repeal of such subdivision
7 and shall be deemed repealed therewith.
.SO DOC A 562 *END* BTXT 2003
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