(b) Within the first ten days of the month next succeeding the
collection of such surcharge, the collecting authority in cities having
a population of one hundred thousand or more but less than one million
shall pay such surcharge to the chief fiscal officer of the municipality
and such surcharge shall be used by the municipality from which it
originated for its local criminal justice programs and purposes.
3. Any person who has paid a mandatory surcharge 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
upon written application to the collecting authority. The collecting
authority shall require such proof as is necessary in order to determine
whether a refund is required by law. If the collecting authority shall
refund any portion of the surcharge previously paid to the justice court
fund pursuant to subdivision two of this section, the collecting
authority may offset an equal amount from a subsequent remittance to the
justice court fund, provided, however, that the collecting authority
shall prepare such reports and provide such information with respect to
such refunds as the comptroller shall direct, and provided, further,
that the comptroller, upon review of such reports and information, may
direct that any appropriate adjustments be made in future payments to
the justice court fund pursuant to subdivision two of this section.
4. Notwithstanding any other provision of this section, where a
mandatory surcharge is imposed pursuant to the provisions of section
60.35 of the penal law or section eighteen hundred nine or eighteen
hundred nine-b of this article, no mandatory surcharge shall be imposed
pursuant to the provisions of this section.
* NB Repealed September 1, 2025
Structure New York Laws
Title 9 - Penalties and Disposition of Fines and Forfeitures
Article 45 - Penalties and Disposition of Fines and Forfeitures
1800 - Penalties for Traffic Infractions.
1801 - Penalties for Misdemeanors.
1802 - Receipts for Fines or Bail; Installment Payment Plans.
1803 - Disposition of Fines and Forfeitures.
1804 - Prohibition of Imposition and Collection of a Fine, Penalty, Forfeiture, Fee or Surcharge.
1805 - Plea of Guilty, How Put In.
1806 - Plea of Not Guilty by a Defendant Charged With a Traffic Infraction.
1806-A - Default Judgment in Cases of Failure to Answer.
1807 - Provisions Applicable to Arraignments for Traffic Violations.
1808 - Effect of Stay Order on Appeal From Judgment of Conviction of an Offense Under This Chapter.
1809 - Mandatory Surcharge and Crime Victim Assistance Fee Required in Certain Cases.
1809-AA - Mandatory Surcharge Required for Certain Parking Violations.
1809-B - Mandatory Surcharge Required for Certain Violations Relating to Handicapped Parking Spaces.
1809-E - Additional Surcharge Required for Certain Violations.
1810 - Compensation of Officers Shall Not Depend Upon Apprehension or Arrests.