SENTENCING FOR DOLLARS
Sentencing For Dollars is an initiative of Justice Strategies, the research, training, and policy division of the Center For Community Alternatives.
Prior to any plea, a defense attorney should counsel his or her client regarding the direct and collateral consequences of a criminal conviction. The ever-increasing fees and surcharges associated with a criminal conviction are often overlooked and should be included in a review of the consequences of the conviction.
The information in this pamphlet is designed to assist defense counsel in calculating fees, surcharges and civil penalties that may be applicable based upon the category of the offense, type of sentence, length of sentence and amount of time under probation or parole supervision. This pamphlet includes the fees, surcharges, and penalties in effect on March 1, 2004. For defendants sentenced to probation, additional county fees may be imposed depending upon local county law.
JUSTICE STRATEGIES
The Justice Strategies team has helped to draft local legislation, testified before
the U.S. Senate Health, Education, Labor and Pensions Committee, published a report
on racial disparities in local criminal justice and trained hundreds of
attorneys, community leaders, employment and youth counselors, young people, and
educators on criminal and juvenile justice issues.
EXAMPLE ONE
John, age 20, after refusing a chemical test, was convicted of Driving While Intoxicated,
a class E felony, and No Insurance, a misdemeanor. He was sentenced to 5 years
probation. The financial consequences of his conviction will include:
| Mandatory fine of no less than | $ 1,000.00 |
| Mandatory Surcharge | $ 250.00 |
| Crime Victim Assistance Fee | $ 20.00 |
| Probation Supervision Fee ($30.00/Month) | $ 1,800.00 |
| Civil Penalty (Zero Tolerance DWI) | $ 125.00 |
| Fee for termination of license revocation | $ 100.00 |
| Surcharge for VTL §1192 conviction | $ 25.00 |
| Civil Penalty for No Insurance | $ 750.00 |
| Civil Penalty for chemical test refusal with prior VTL §1192 conviction within 5 years | $ 750.00 |
| TOTAL | $ 4,820.00* |
| * See note to Mandatory Surcharges table | |
EXAMPLE TWO
Jane, a 26 year old single mother of 2 children, was convicted of criminal possession
of a controlled substance in the second degree, a class A-II felony. She was sentenced
to 81/3 to life and made parole after serving 81/3 years and remained on parole
for ten years. The financial consequences of her conviction will include:
| Mandatory Surcharge | $ 250.00 |
| Crime Victim Assistance Fee | $ 20.00 |
| DNA Bank Fee | $ 50.00 |
| Incarceration Fee | $ 433.00 |
| Parole Supervision Fee | $ 3,600.00 |
| Fee for termination of license suspension | $ 25.00 |
| TOTAL | $ 4,378.00 |
MANDATORY SURCHARGES
| AMOUNT | APPLIES TO | STATUTE |
| $250 | VTL § 1192 DWI felony* | VTL §1809 (1)(b)(i) |
| $140 | VTL § 1192 DWI misdemeanor | VTL §1809 (1)(b)(ii) |
| $25 | VTL Article 9 infraction | VTL §1809 (1)(a) |
| $45 | Selected VTL offenses | VTL §1809 (1)(c) |
| $25 | Surcharge for any conviction VTL § 1192 | VTL §1809-c |
| $250 | Felony surcharge | Penal Law §60.35(1) (a) |
| $140 | Misdemeanor surcharge | Penal Law §60.35(1)(b) |
| $75 | Violation Surcharge | Penal Law §60.35(1)(c) |
| $5 | Proceeding in town or village | VTL §1809(9) |
| Up to $10 | Additional surcharge applies in village justice court, if local legislative body enacts local surcharge for violations also subject to VTL §1809 mandatory surcharge | VTL §1809-d |
| 5% - 10% of total restitution | Designated surcharge paid to agency collecting restitution for collection & administration | Penal Law §60.27(8) |
*Any person convicted of a second DWI within five years shall be required to pay for the installation and monthly maintenance fees for an ignition interlock device (VTL §1193(1-a)(c)(i) and penal law §65.10(2)(k-l))
FEES
| AMOUNT | APPLIES TO | STATUTE |
| $20 | Felony offense Crime Victim Assistance Fee (CVAF) | Penal Law § 60.35(1)(a) |
| $20 | Misdemeanor offense CVAF | Penal Law § 60.35(1)(b) |
| $20 | Violation CVAF | Penal Law § 60.35(1)(c) |
| $20 | For VTL § 1192 felony offense CVAF | VTL § 1809(1)(b) |
| $20 | For VTL § 1192 misdemeanor offense CVAF | VTL § 1809(1)(b) |
| $5 | For VTL Art 9 traffic infraction CVAF | VTL § 1809(1)(a) |
| $5 | VTL offenses covered by 1809(1)(c) CVAF | VTL § 1809(1)(c) |
| $1,000 | Supplemental Sex Offender Victim Fee | Penal Law §60.35 |
| $50 | DNA Databank Fee: a person convicted of a designated offense as defined by Executive Law §975 (7) shall, in addition to a mandatory surcharge and crime victim assistance fee, pay a DNA databank fee | Penal Law § 60.35(1)(e) |
| $50 | Sex offender registration fee (SORA): a person convicted of a sex offense as defined by Correction Law §168-a(3) or a sexually violent offense as defined by Correction Law §168(3) | Penal Law § 60.35(1)(d) |
| $10 | SORA change of address fee | Correction Law §168(b)(8) |
| $50 | Termination of license revocation fee. If drivers license is revoked--application for re-issuance | VTL §503 (2)(h) |
| $100 | Termination of license revocation fee. If drivers license is revoked for an alcohol-related offense and driver is under 21 | VTL §503 (2)(h) |
| $25 | Termination of license suspension fee | VTL §503 (2)(j) |
| $100 | Termination of suspension fee--Zero Tolerance. If driver is under 21, license is suspended for an alcohol-related offense | VTL §503 (2)(j) |
| $35 | Termination of suspension fee where suspension is for failure toappear, pay fine, penalty, or mandatory surcharge | VTL §503 (2)(j-1)(i) |
| $30/month | Fee for parole supervision | Executive Law §259-a(9)(a) |
| $30/month | Fee for probation supervision (DWI-related) | Executive Law § 257-c |
| $1/ week | Incarceration Fee: The commissioner may collect from the compensation paid to a prisoner for work performed while housed in a general confinement facility an incarceration fee | Correction Law §189(2) |
NON-STATUTORY COUNTY IMPOSED PROBATION FEES (VARIES BY COUNTY)
| AMOUNT | APPLIES TO | STATUTE |
| $10/test or $50 one time fee | Drug testing | County |
| $350 | Probation pre-sentence investigation report | County |
| $3-$8/day | Electronic Monitoring fee | County |
| $30/month | Supervision | County |
| $30/session | Victim Impact Panel | County |
CIVIL PENALTIES
| AMOUNT | APPLIES TO | STATUTE |
| $125 | Zero Tolerance Law: For offenders under age 21 for alcohol-related offense | VTL §1194-a(2) |
| $750 | Operating with no insurance or underinsured |
VTL §319(5) |
| $300 | Chemical test refusal | VTL §1194(2)(d)(2) |
| $750 | Second Chemical test refusal with alcohol within 5 years | VTL §1194(2)(d)(2) |
| $750 | Chemical test refusal with prior VTL §1192 conviction within 5 years | VTL §1194(2)(d)(2) |
| $250 per year for three years | Driver Responsibility Assessment applicable to any person convicted of a DWI, DWAI or chemical test refusal | VTL §1199 |
| $100 for three years plus $25 for each additional point | Driver Responsibility Assessment applicable to any person who accumulates 6 points or more within an 18 month period | VTL §503 |
NB
1. If restitution is paid in full prior to sentencing the CVAF and surcharges
are waived. VTL §1809(6) and Penal Law §60.35(6).
2. Charges occurring prior to November 11, 2003 had lower surcharges and Crime
Victim Assistance fees.
3. Youthful offenders are subject to all fees, penalties and surcharges as their
adult counterparts by an amendment to Penal Law §60.35 and Vehicle and Traffic
Law §1809.
Revised September 16, 2004