2025-2026 General Assembly

S.00318

Eliminates certain court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part B); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part C); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part D); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part E); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part F).

Eliminates certain court surcharges, fees, and probation and parole surcharges and fees; mandates individualized financial assessments before fines.

New York S00318 eliminates certain court surcharges and fees, probation and parole surcharges and fees, and the requirement for parolees or releasees to be financially able to comply with restitution orders. It mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine before imposing it. The bill also eliminates incarceration as a remedy for failure to pay fines, surcharges, or fees, and vacates existing warrants and sentences of incarceration based on such failures.

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Overview
Core Provisions
Implementation
Impact
Legal Framework
Critical Issues

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Where it stands

Current: Codes Committee
Next: Committee decision

S.00318

Eliminates certain court surcharges, fees, and probation and parole surcharges and fees; mandates individualized financial assessments before fines.

Included in complete analysis

Overview
Core Provisions
Implementation
Impact
Legal Framework
Critical Issues

Analyze for Free

See what it does, who it affects, and the critical issues in plain language. Free, 30 seconds.

Where it stands

Current: Codes Committee
Next: Committee decision

S.00318

Where it stands

Sponsors

S.00318

Where it stands

Sponsors

S.00318

Where it stands

Sponsors

S.00318

Where it stands

Sponsors

History

History