New York Laws
Article 5 - Powers, Limitations and Liabilities
99-M - Cash Bail and Partially Secured Bail Bond; Fee for Deposit of Money.

§ 99-m. Cash bail and partially secured bail bond; fee for deposit of
money. 1. When, pursuant to the provisions of title P of the criminal
procedure law or the provisions of the family court act, a sum of money
deposited in connection with a cash bail or a partially secured bail
bond is received by a court or other authorized public servant or
agency, such money shall be deposited in the same manner as may be by
law provided for the deposit of money generally received by such court,
public servant or agency. Except as otherwise provided herein, the
county treasurer, or, in the city of New York, the commissioner of
finance, shall be entitled to a fee of two per centum of the amount of
money so deposited and an additional fee of one per centum as provided
in subdivision three of this section. Where the money received by a
state-paid court hereunder is not deposited with any other officer or
agency but is retained by the court, the clerk of such court shall be
entitled to a fee of two per centum of the amount of money so retained,
and an additional fee of one per centum to be disbursed as provided in
subdivision three of this section. All fees collected hereunder by the
clerk of a state-paid court shall be paid to the state commissioner of
taxation and finance on a monthly basis not later than ten days after
the last day of each month. Except as otherwise provided by an order
issued pursuant to section 420.10 of the criminal procedure law, upon
the exoneration or remission of the bail, the money so deposited, less
such fee, shall, by order of the appropriate court, be refunded to the
person who originally deposited such money. Upon a termination of the
criminal action or proceeding in favor of the accused, as defined in
subdivision two of section 160.50 of the criminal procedure law, the two
per centum fee so retained shall, by order of the appropriate court, be
refunded to the person who originally deposited such money.

2. A town or village court shall be entitled to a fee of two per
centum of the amount of bail money deposited with the court in
connection with a criminal action or proceeding over which the court
retains jurisdiction, other than an action or proceeding in which the
accusatory instrument charges one or more traffic infractions only, and
an additional fee of one per centum as provided herein. The total fees
on a sum of bail shall not, however, exceed three per centum and a town
or village court shall not be entitled to collect such fees on bail
transferred to a superior court. All fees on bail collected by a town or
village court shall be paid to the state comptroller by the court on or
before the tenth day of the month next succeeding their collection,
except as provided in subdivision three of section ninety-nine-a of the
state finance law. Two per centum of the bail moneys so collected shall
be the property of the town or village in which the court reporting the
same is located, and the additional one per centum of such bail moneys
shall be disbursed as provided in subdivision three of this section, and
shall be used to fund the alternatives to incarceration service plan
approved pursuant to article thirteen-A of the executive law for the
county in which the town or village is located.

3. The county treasurer, or, in the city of New York, the commissioner
of finance, shall be entitled to an additional fee of one per centum of
the money deposited pursuant to the provisions of title P of the
criminal procedure law or the provisions of the family court act, and
shall deposit such money as an additional credit to the alternatives to
incarceration service plan approved pursuant to article thirteen-A of
the executive law for such city and each county outside of the city of
New York.

4. The additional one per centum fee collected pursuant to the
provisions of this section shall not be used to decrease any money
approved to fund the alternatives to incarceration service plan approved

pursuant to article thirteen-A of the executive law. Upon a termination
of the criminal action or proceeding in favor of the accused, as
provided in subdivision two of section 160.50 of the criminal procedure
law, the one per centum fee shall, by order of the appropriate court, be
refunded to the person who originally deposited such money.

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