§ 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\nmoney. 1. When, pursuant to the provisions of title P of the criminal\nprocedure law or the provisions of the family court act, a sum of money\ndeposited in connection with a cash bail or a partially secured bail\nbond is received by a court or other authorized public servant or\nagency, such money shall be deposited in the same manner as may be by\nlaw provided for the deposit of money generally received by such court,\npublic servant or agency. Except as otherwise provided herein, the\ncounty treasurer, or, in the city of New York, the commissioner of\nfinance, shall be entitled to a fee of two per centum of the amount of\nmoney so deposited and an additional fee of one per centum as provided\nin subdivision three of this section. Where the money received by a\nstate-paid court hereunder is not deposited with any other officer or\nagency but is retained by the court, the clerk of such court shall be\nentitled to a fee of two per centum of the amount of money so retained,\nand an additional fee of one per centum to be disbursed as provided in\nsubdivision three of this section. All fees collected hereunder by the\nclerk of a state-paid court shall be paid to the state commissioner of\ntaxation and finance on a monthly basis not later than ten days after\nthe last day of each month. Except as otherwise provided by an order\nissued pursuant to section 420.10 of the criminal procedure law, upon\nthe exoneration or remission of the bail, the money so deposited, less\nsuch fee, shall, by order of the appropriate court, be refunded to the\nperson who originally deposited such money. Upon a termination of the\ncriminal action or proceeding in favor of the accused, as defined in\nsubdivision two of section 160.50 of the criminal procedure law, the two\nper centum fee so retained shall, by order of the appropriate court, be\nrefunded to the person who originally deposited such money.\n 2. A town or village court shall be entitled to a fee of two per\ncentum of the amount of bail money deposited with the court in\nconnection with a criminal action or proceeding over which the court\nretains jurisdiction, other than an action or proceeding in which the\naccusatory instrument charges one or more traffic infractions only, and\nan additional fee of one per centum as provided herein. The total fees\non a sum of bail shall not, however, exceed three per centum and a town\nor village court shall not be entitled to collect such fees on bail\ntransferred to a superior court. All fees on bail collected by a town or\nvillage court shall be paid to the state comptroller by the court on or\nbefore the tenth day of the month next succeeding their collection,\nexcept as provided in subdivision three of section ninety-nine-a of the\nstate finance law. Two per centum of the bail moneys so collected shall\nbe the property of the town or village in which the court reporting the\nsame is located, and the additional one per centum of such bail moneys\nshall be disbursed as provided in subdivision three of this section, and\nshall be used to fund the alternatives to incarceration service plan\napproved pursuant to article thirteen-A of the executive law for the\ncounty in which the town or village is located.\n 3. The county treasurer, or, in the city of New York, the commissioner\nof finance, shall be entitled to an additional fee of one per centum of\nthe money deposited pursuant to the provisions of title P of the\ncriminal procedure law or the provisions of the family court act, and\nshall deposit such money as an additional credit to the alternatives to\nincarceration service plan approved pursuant to article thirteen-A of\nthe executive law for such city and each county outside of the city of\nNew York.\n 4. The additional one per centum fee collected pursuant to the\nprovisions of this section shall not be used to decrease any money\napproved to fund the alternatives to incarceration service plan approved\npursuant to article thirteen-A of the executive law. Upon a termination\nof the criminal action or proceeding in favor of the accused, as\nprovided in subdivision two of section 160.50 of the criminal procedure\nlaw, the one per centum fee shall, by order of the appropriate court, be\nrefunded to the person who originally deposited such money.\n