Section 420.35. Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines

1. The provisions of section 420.10  of  this  article  governing  the
  collection of fines and the provisions of section 420.40 of this article
  governing  deferral  of  mandatory surcharges, sex offender registration
  fees,  DNA  databank  fees  and  financial  hardship  hearings  and  the
  provisions of section 430.20 of this chapter governing the commitment of
  a defendant for failure to pay a fine shall be applicable to a mandatory
  surcharge,  sex  offender registration fee, DNA databank fee and a crime
  victim assistance fee imposed pursuant to  subdivision  one  of  section
  60.35  of  the  penal law, subdivision twenty-a of section three hundred
  eighty-five of the vehicle and traffic law,  subdivision  nineteen-a  of
  section  four hundred one of the vehicle and traffic law, or a mandatory
  surcharge imposed pursuant to  section  eighteen  hundred  nine  of  the
  vehicle  and  traffic  law or section 27.12 of the parks, recreation and
  historic preservation law. When the court directs that the defendant  be
  imprisoned  until the mandatory surcharge, sex offender registration fee
  or DNA databank fee is satisfied, it must specify a  maximum  period  of
  imprisonment  not to exceed fifteen days; provided, however, a court may
  not direct that a defendant be imprisoned until the mandatory surcharge,
  sex offender registration fee, or  DNA  databank  fee  is  satisfied  or
  otherwise  for  failure  to  pay  the  mandatory surcharge, sex offender
  registration  fee  or  DNA  databank  fee  unless  the  court  makes   a
  contemporaneous  finding on the record, after according defendant notice
  and an opportunity to be  heard,  that  the  payment  of  the  mandatory
  surcharge,  sex  offender  registration  fee  or  DNA  databank fee upon
  defendant will not work an unreasonable hardship upon him or her or  his
  or her immediate family.
    2.  Under no circumstances shall the mandatory surcharge, sex offender
  registration fee, DNA databank fee or the crime victim assistance fee be
  waived provided, however, that  a  court  may  waive  the  crime  victim
  assistance  fee  if  such  defendant  is an eligible youth as defined in
  subdivision two of section 720.10 of this chapter, and the imposition of
  such fee would work an unreasonable hardship on the  defendant,  his  or
  her  immediate  family,  or  any  other  person who is dependent on such
  defendant for financial support.
    3. It shall be the  duty  of  a  court  of  record  or  administrative
  tribunal  to  report to the division of criminal justice services on the
  disposition  and  collection  of  mandatory  surcharges,  sex   offender
  registration fees or DNA databank fees and crime victim assistance fees.
  Such  report  shall  include,  for all cases, whether the surcharge, sex
  offender registration fee, DNA databank fee or crime  victim  assistance
  fee levied pursuant to subdivision one of section 60.35 of the penal law
  or section eighteen hundred nine of the vehicle and traffic law has been
  imposed  pursuant  to law, collected, or is to be collected by probation
  or corrections or other officials. The form,  manner  and  frequency  of
  such  reports shall be determined by the commissioner of the division of
  criminal  justice   services   after   consultation   with   the   chief
  administrator  of  the  courts and the commissioner of the department of
  motor vehicles.