Introduction:

One issue that we are particularly passionate about is the return of fines, restitution, and reparation payments, along with any interest earned, to individuals who were wrongly convicted and subsequently pardoned or had their convictions reversed or vacated. Too often, individuals are wrongly accused and imprisoned for crimes they did not commit, losing years of their lives and suffering immeasurable damage to their reputations, relationships, and well-being. When they are finally exonerated and released, they often face significant challenges in rebuilding their lives and making up for lost time.
That’s why we are proud to support New York State Senate Bill S4855 that provides for the return of fines, restitution, and reparation payments, along with any interest earned, to individuals who were wrongly convicted and subsequently pardoned or had their convictions reversed or vacated.

We believe that this bill is an important step towards rectifying the injustices that have been perpetrated against wrongly convicted individuals, and we urge all of our supporters to get involved in advocating for its passage. By raising awareness, contacting your elected officials, and joining with us in this fight, we can help ensure that justice is served and that the lives of those who have been wronged are restored.
BILL NUMBER: S4812

SPONSOR:

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TITLE OF BILL:

An act to amend the criminal procedure law, in relation to providing for the return of fines, restitution and reparation payments where there was
an unjust conviction.

PURPOSE OF BILL:

To ensure that those who are unjustly convicted receive the return of fines, restitution and reparation payments in a timely fashion.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Criminal Procedure Law CPL 420.10 to require that upon a determination of a wrongful conviction whether by reversal, dismissal, 
or vacating of conviction the wrongfully convicted individual(s) shall have all monies returned to them within 90 days of official notice of adjudication.

Section 2 sets forth an effective date.

JUSTIFICATION:

Those who are victims of an unjust conviction are often doubly punished by having to wait interminably long times to receive the return of fines,  restitution and reparation payments that they are owed. This bill sets a reasonable timetable for repayment-90 days.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None beyond what justice requires.

EFFECTIVE DATE:

This act shall take effect immediately.