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A09786 Summary:

BILL NOA09786
 
SAME ASSAME AS S07917
 
SPONSORDavila
 
COSPNSRAubry, Gottfried, Simon, Barron, Arroyo, Taylor, Lavine, Ortiz, Cahill, O'Donnell, Seawright, Pichardo, Mosley, Perry, Rivera, Jaffee, Quart, Dickens, McDonough, Blake, Walker, Pellegrino, Sepulveda, Wright
 
MLTSPNSRCook, De La Rosa, Hikind
 
Amd §§420.35 & 420.30, CP L; rpld §60.35 sub 10, §60.02 sub 3, Pen L
 
Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.
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A09786 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9786
 
SPONSOR: Davila
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to allowing a court to waive certain surcharges and fees; and to repeal certain provisions of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow the court to waive certain surcharges and fees when it is determined that the defendant is under 21 years of age and demonstrates either that the fee would impose an undue hardship, it prevents* successful reintegration, or that the interests of justice require it.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the criminal procedure law to clarify language in the existing statute that permits the court to waive fees for certain types of offenses. This section also adds a new subdivision 2-a to permit the court to waive court fees and other surcharges where the defendant is under 21 years of age and the court determines that either the fee would cause undue hardship, it would interfere with successful reentry, or the interests of justice require it. Sections 2 and 3 of the bill repeal provisions relating to the imposi- tion of fees for defendants declared youthful offenders. Section 4 of the bill establishes an effective date.   JUSTIFICATION: Courts often impose significant fees and fines on youth and their fami- lies who have contact with the criminal justice system. These monetary sanctions function to further exacerbate a families' financial distress and can incentivize juveniles to engage in illegal behavior to earn money. One report out of Alameda County, California recently determined that it costs juveniles in their juvenile court system approximately two thousand dollars per case.{11 Youth simply have no way to obtain money to pay these costs and fines and the consequences of nonpayment are devastating. Youth and their families who cannot pay court fees face a myriad of penalties including: criminal contempt, civil judgments that follow them into adulthood, probation violations, additional fees, prop- erty liens, and even more periods of incarceration. The disparate impact of such practices is that youth in poverty face harsher consequence and receive less rehabilitative treatment than their more affluent peers. Certain jurisdictions have already taken steps to make their court systems more equitable for juveniles. For example, the Alameda County Court System repealed their policy of imposing fees for juveniles.{2} In Washington State, the legislature passed the Year Act, which eliminated juvenile diversion fees, juvenile court costs, collection fees, and certain fines specific to juveniles.{3} New York must take similar steps to encourage young people to rehabilitate and have successful reentry. With the passage of Raise the Age last year, this legislature made strides in enabling those youth who come in contact with the justice system to become positive participants of society. This legislation would continue that aim by allowing a judge to waive court fees for a juvenile upon considering certain factors.   PRIOR LEGISLATIVE HISTORY: 2017: A08673 (Aubry) Referred to Codes.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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