§ 1802 — Receipts for fines or bail; installment payment plans

§ 1802. Receipts for fines or bail; installment payment plans. 1.\nReceipts for fines or bail. Upon receipt of the payment of any fine or\npenalty collected under a sentence or judgment of conviction of a\nviolation of any of the provisions of this chapter or any local law,\nordinance, order, rule or regulation made by local authorities in\nrelation to traffic or the deposit of bail of a person charged with a\nviolation of any such provision, local law, ordinance, order, rule or\nregulation, the officer or employee receiving such payment or deposit\nshall issue a receipt therefor when the payment or deposit is made in\ncash. Whenever any such payment or deposit is made by check, money order\nor in other property, the officer or employee shall issue a receipt\ntherefor upon request; provided, however, no such receipt shall be\nissued where a fine or penalty is paid by mail unless the name and\naddress of the payee is known to such officer or employee or enclosed\nwith the payment.\n 2. Installment payment plans. (a) Whenever fines, fees, and/or\nsurcharges are imposed upon a natural person upon a conviction of a\nviolation of any of the provisions of this chapter or any local law,\nordinance, order, rule or regulation made by local authorities in\nrelation to traffic, or whenever an order is entered pursuant to\nsubdivision three of section two hundred twenty-seven of this chapter,\nsuch fines, fees, and/or surcharges may be paid in installments at no\ncharge to the natural person. The court or hearing officer shall offer\nsuch persons the opportunity to enter into an installment payment plan\nat any time, including after a conviction entered as a result of the\nfailure to appear in response to a summons or appearance ticket. Any\nsuch installment payment plan shall be comprised of all fines, fees and\nmandatory surcharges, including but not limited to those described in\nsubparagraph (i) of paragraph (j-1) of subdivision two of section five\nhundred three, subdivision three of section five hundred fourteen and\nparagraph a of subdivision four of section two hundred twenty-seven of\nthis chapter, and shall consist of monthly payments that do not exceed\ntwo percent of such person's monthly net income or twenty-five dollars\nper month, whichever is greater. For the purposes of this subdivision,\nthe term "net income" shall mean such person's total income from all\nsources and assets, minus deductions required by law including but not\nlimited to administrative or court-ordered garnishments and support\npayments. A court or hearing officer may require the submission of a\nfinancial disclosure report, on a form prescribed by the commissioner,\nfrom all persons who opt to enter into installment payment plans. A\ncourt or hearing officer also may accept payments higher than the set\namount, but may not undertake additional collection activity so long as\nthe person meets his or her payment obligations under the installment\npayment plan. A court or hearing officer may undertake additional\ncollection activity, but no sooner than ninety days after a person fails\nto meet their payment obligation under the installment payment plan; a\ncourt, hearing officer or the commissioner shall not suspend such\nperson's driver's license or privileges for failure to meet their\npayment obligation under the installment payment plan. A court or\nhearing officer may require persons entering installment payment plans\nto appear periodically before such court or hearing officer to assess\ntheir financial circumstances but no more frequently than annually and\nmay set a new payment amount if such person's financial circumstances\nhave changed. A person who enters into an installment payment plan and\nexperiences a reduction in income may petition the court or hearing\nofficer no more than two times in a calendar year to seek a reduction in\nthe monthly payment; provided, however, in the interests of justice, the\ncourt or hearing officer may accept a reduction request from such person\nat any time.\n (b) The court or hearing officer shall have the discretion in the\ninterests of justice to reduce or waive the amount of any fine, fee or\nmandatory surcharge assessed for a violation of any of the provisions of\nthis chapter or any local law, ordinance, order, rule or regulation made\nby local authorities in relation to traffic.\n (c) A person assessed a fine, fee and/or mandatory surcharge following\na conviction for a violation of any of the provisions of this chapter or\nany local law, ordinance, order, rule or regulation made by local\nauthorities in relation to traffic, or the entering of an order pursuant\nto subdivision three of section two hundred twenty-seven of this\nchapter, shall be notified of their right to an installment payment plan\n(a) at the time the summons is issued; (b) at the time of sentencing;\nand (c) in any communication concerning imposition or collection of a\nfine, fee or mandatory surcharge. Information about the availability of\ninstallment payment plans shall be prominently posted, in a clear and\nconspicuous manner: at each court and administrative tribunal and its\nwebsite, if any, and on the commissioner's website.\n