§ 1802. Receipts for fines or bail; installment payment plans. 1.
Receipts for fines or bail. Upon receipt of the payment of any fine or
penalty collected under a sentence or judgment of conviction of a
violation of any of the provisions of this chapter or any local law,
ordinance, order, rule or regulation made by local authorities in
relation to traffic or the deposit of bail of a person charged with a
violation of any such provision, local law, ordinance, order, rule or
regulation, the officer or employee receiving such payment or deposit
shall issue a receipt therefor when the payment or deposit is made in
cash. Whenever any such payment or deposit is made by check, money order
or in other property, the officer or employee shall issue a receipt
therefor upon request; provided, however, no such receipt shall be
issued where a fine or penalty is paid by mail unless the name and
address of the payee is known to such officer or employee or enclosed
with the payment.
2. Installment payment plans. (a) Whenever fines and/or surcharges
are imposed upon a natural person upon a conviction of a violation of
any of the provisions of this chapter or any local law, ordinance,
order, rule or regulation made by local authorities in relation to
traffic, or whenever an order is entered pursuant to subdivision three
of section two hundred twenty-seven of this chapter, the court or
hearing officer shall offer such person the opportunity to enter into an
installment payment plan at no charge for the payment of such fines
and/or surcharges and any related fees including but not limited to
those described in subparagraph (i) of paragraph (j-1) of subdivision
two of section five hundred three, subdivision three of section five
hundred fourteen and paragraph a of subdivision four of section two
hundred twenty-seven of this chapter. Any such installment payment plan
shall be comprised of all fines, fees and mandatory surcharges and shall
consist of monthly payments that do not exceed two percent of such
person's monthly net income or twenty-five dollars per month, whichever
is greater. For the purposes of this subdivision, the term "net income"
shall mean such person's total income from all sources and assets, minus
deductions required by law including but not limited to administrative
or court-ordered garnishments and support payments. A court or hearing
officer may require the submission of a financial disclosure report, on
a form prescribed by the commissioner, from all persons who opt to enter
into installment payment plans. A court or hearing officer also may
accept payments higher than the set amount, but may not undertake
additional collection activity so long as the person meets his or her
payment obligations under the installment payment plan. A court or
hearing officer may undertake additional collection activity, but no
sooner than ninety days after a person fails to meet their payment
obligation under the installment payment plan. A court or hearing
officer may require persons entering installment payment plans to appear
periodically before such court or hearing officer, but no more
frequently than annually, to assess their financial circumstances, and
may set a new payment amount if such person's financial circumstances
have changed. A person who enters into an installment payment plan and
experiences a reduction in income may petition the court or hearing
officer no more than two times in a calendar year to seek a reduction in
the monthly payment; provided, however, in the interests of justice, the
court or hearing officer may accept a reduction request from such person
at any time.
(b) The court or hearing officer shall have the discretion in the
interests of justice to reduce or waive the amount of any fine, fee or
mandatory surcharge assessed for a violation of any of the provisions of
this chapter or any local law, ordinance, order, rule or regulation made
by local authorities in relation to traffic.
(c) A person assessed a fine, fee and/or mandatory surcharge following
a conviction for a violation of any of the provisions of this chapter or
any local law, ordinance, order, rule or regulation made by local
authorities in relation to traffic, or the entering of an order pursuant
to subdivision three of section two hundred twenty-seven of this
chapter, shall be notified of their right to an installment payment plan
(a) at the time the summons is issued; (b) at the time of sentencing;
and (c) in any communication concerning imposition or collection of a
fine, fee or mandatory surcharge. Information about the availability of
installment payment plans shall be prominently posted, in a clear and
conspicuous manner: at each court and administrative tribunal and its
website, if any, and on the commissioner's website.