New York Laws
Article 420 - Fines, Restitution and Reparation
420.35 - Mandatory Surcharge and Crime Victim Assistance Fee; Applicability to Sentences Mandating Payment of Fines.

(a) the imposition of such surcharge or fee would work an unreasonable
hardship on the defendant, his or her immediate family, or any other
person who is dependent on such defendant for financial support; or
(b) after considering the goal of promoting successful and productive
reentry and reintegration as set forth in subdivision six of section
1.05 of the penal law, the imposition of such surcharge or fee would
adversely impact the defendant's reintegration into society; or
(c) the interests of justice.
3. It shall be the duty of a court of record or administrative
tribunal to report to the division of criminal justice services on the
disposition and collection of mandatory surcharges, sex offender

registration fees or DNA databank fees and crime victim assistance fees.
Such report shall include, for all cases, whether the surcharge, sex
offender registration fee, DNA databank fee or crime victim assistance
fee levied pursuant to subdivision one of section 60.35 of the penal law
or section eighteen hundred nine of the vehicle and traffic law has been
imposed pursuant to law, collected, or is to be collected by probation
or corrections or other officials. The form, manner and frequency of
such reports shall be determined by the commissioner of the division of
criminal justice services after consultation with the chief
administrator of the courts and the commissioner of the department of
motor vehicles.