§ 11. Paragraph (d) of subdivision 3 of section 641 of the executive law as added by chapter 94 of the laws of 1984, is amended to read as follows: (d) proceedings in the prosecution of the accused including entry of a plea of guilty, trial, sentencing, but prior to sentencing specific information shall be provided regarding the right to seek restitution and reparation, and where a term of imprisonment is imposed, specific information shall be provided regarding maximum and minimum terms of such imprisonment. § 12. Subdivision 1 of section 60.27 of the penal law, as amended by chapter 14 of the laws of 1985, is amended to read as follows: 1. In addition to any of the dispositions authorized by this article, the court shall consider restitution or reparation to the victim of the crime and may require restitution or reparation as part of the sentence imposed upon a person convicted of an offense, and after providing the district attorney with an opportunity to be heard in accordance with the provisions of this subdivision, require the defendant to make restitution of the fruits of his or her offense or reparation for the actual out-of-pocket loss [or damage] caused thereby. The district attorney shall where appropriate, advise the court at or before the time of sentencing that the victim seeks restitution or reparation, the extent of injury or economic loss or damage of the victim, and the amount of restitution or reparation sought by the victim in accordance with his or her responsibilities under subdivision two of section 390.50 of the criminal procedure law and article twenty-three of the executive law. The court shall hear and consider the information presented by the district attorney in this regard. In that event, or when the victim impact statement reports that the victim seeks restitution or reparation, the court shall require, unless the interests of justice dictate otherwise, in addition to any of the dispositions authorized by this article that the defendant make restitution of the fruits of the offense and reparation for the actual out-of-pocket loss caused thereby to the victim. In the event that restitution or reparation are not ordered, the court shall clearly state its reasons on the record. § 13. Subdivisions 2 and 4 of section 60.27 of the penal law, as added by chapter 290 of the laws of 1980, are amended to read as follows: 2. Whenever the court requires restitution or reparation to be made, the court must make a finding as to the dollar amount of the fruits of the offense [or] and the actual out-of-pocket loss [or damage] to the victim caused by the offense. In making this finding, the court must consider any victim impact statement provided to the court. If the record does not contain sufficient evidence to support such finding or upon request by the defendant, the court must conduct a hearing upon the issue in accordance with the procedure set forth in section 400.30 of the criminal procedure law. 4. For purposes of the imposition, determination and collection of restitution or reparation, [as provided in this chapter,] the following definitions shall apply: (a) the term "offense" shall include the offense for which a defendant was convicted, as well as any other offense that is part of the same criminal transaction or that is contained in any other accusatory instrument disposed of by any plea of guilty by the defendant to an offense. (b) the term "victim" shall include the victim of the offense, the representative of a crime victim as defined in subdivision six of section six hundred twenty-one of the executive law, a good samaritan as defined in section six hundred twenty-one of the executive law and the crime victims' board or other governmental agency that has received an application for or has provided financial assistance or compensation the victim. 3. to 14. Subdivision 3 of section 65.05 of the penal law, as amended by chapter 1097 of the laws of 1971, is amended to read as follows: Periods of conditional discharge. Unless terminated sooner in accordance with the criminal procedure law, the period of conditional discharge shall be as follows: (a) Three years in the case of a felony; and Where the court has required, as a condition of the sentence, that the defendant make restitution of the fruits of his or her offense or make EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law reparation for the loss [or damage] caused thereby and such condition has not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge, may impose an additional period. The length of the additional period shall be fixed by the court at the time it is imposed and shall not be more than two years. All of the incidents of the original sentence, including the authority of the court to modify or enlarge the conditions, shall continue to apply during such additional period. § 15. Paragraph (g) of subdivision 2 of section 65. 10 of the penal law, as amended by chapter 335 of the laws of 1984, is amended to read as follows: (g) Make restitution of the fruits of his or her offense or make reparation, in an amount he can afford to pay, for the actual out-ofpocket loss [or damage] caused thereby. When restitution or reparation is a condition of the sentence, the court shall fix the amount thereof, the manner of performance, specifically state the date when restitution is to be paid in full prior to the expiration of the sentence of probation and may establish provisions for the early termination of a sentence of probation or conditional discharge pursuant to the provisions of subdivision three_of_section 410.90 of the criminal procedure law after the restitution [or] and reparation part of a sentence of probation or conditional discharge has been satisfied. The court shall provide that in the event the person to whom restitution or reparation is to be made dies prior to the completion of said restitution or reparation, the remaining payments shall be made to the estate of the deceased. § 16. Paragraph (a) of subdivision 5 of section 60.27 of the penal law, as amended by chapter 615 of the laws of 1986, is amended to read as follows: (a) Except upon consent of the defendant or as provided in paragraph (b) of this subdivision, or as a condition of probation or conditional discharge as provided in paragraph (g) of subdivision two of section 65. 10 of this chapter, the amount of restitution or reparation required by the court shall not exceed [ten] fifteen thousand dollars in the case of a conviction for a felony, or [five] ten thousand dollars in the case of a conviction for any offense other than a felony. § 17. This act shall take effect immediately, except that the provisions of sections one, two and ten of this act shall apply only to actions commenced on or after the effective date of such sections, and provided further that sections three through nine and eleven through sixteen of this act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 619 AN ACT to amend the public authorities law and the education law, in relation to the financing, design and construction of an ambulatory care training facility at the health sciences center at state university of New York at Stony Brook Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1676 of the public authorities law is amended by adding a new subdivision 31 to read as follows: 31. The term "ambulatory care training facility" shall mean a facility at the health sciences center at state university of New York at Stony Brook which is to be used for the provision of on-site ambulatory care services and the instruction and training of medical students, resident physicians and fellows and other health sciences students in attendance at the health sciences center. Such facility shall not be considered for any purpose to be a state university educational facility within the meaning of this chapter; nor shall any bonds issued in connection with such facility be considered for any purpose to have been issued in connection with a state university educational facility. § 2. Section 1680 of the public authorities law is amended by adding a new subdivision 32 to read as follows: 32. (a) The dormitory authority is empowered and authorized to enter into a lease, sublease or other agreement with the state university construction fund pursuant to which an ambulatory care training facility is to be acquired, designed, constructed, reconstructed, rehabilitated, improved or otherwise provided, and furnished and equipped, provided that such lease, sublease or other agreement has been approved by the state university of New York which shall be a party thereto. Such lease, sublease or other agreement may provide for the payment of annual rentals and other payments by the state university construction fund to the dormitory authority and contain such other terms and conditions as may be agreed upon by the parties thereto, including, but not limited to, provisions relating to the maintenance and administration of the ambulatory care training facility, the establishment of reserve funds, the amounts, the source, the pledge and the timing of payments of annual rentals and other payments by the fund to the authority indemnification and the disposition of the facility or the interest of the authority therein, if any, prior to or upon the termination or expiration of such lease, sublease or other agreement. Such lease, sublease or other agreement shall be subject to the approval of the director of the budget. (b) Notwithstanding the provisions of the public lands law or any other law to the contrary, the state of New York, the state university of New York and the state university construction fund may sell, convey, lease, exchange or otherwise make available to the authority, for nominal consideration, the title to or an interest in real property for the purpose of providing an ambulatory care training facility and may enter into any lease, sublease or other agreement with the authority in connection with an ambulatory care training facility without public auction or bidding or restriction as to the term of such lease, sublease or other agreement. (c) The state university construction fund shall pay over to the dormitory authority, from amounts received by the fund from the tenants, subtenants and other users of the ambulatory care training facility that are engaged in medical practice at the health sciences center at state university of New York at Stony Brook, pursuant to any lease, sublease or other agreement between the fund and the university and such tenants, subtenants and other users, an amount equal to the annual rentals and other payments due to the authority from the fund pursuant to a lease, sublease or other agreement between the authority and the fund with respect to the ambulatory care training facility. Any such lease, sublease or other agreement with any tenant, subtenant or other user shall be a general obligation of such tenant, subtenant or other user, as the case may be, and the aggregate amounts due under all such leases, subleases or other agreements shall at least equal the annual rentals and other amounts due to the dormitory authority from the state university construction fund pursuant to the lease, sublease or other agreement between the authority and the fund with respect to the ambulatory care training facility. In addition, any lease, sublease or other agreement with any tenant, subtenant or other user of the ambulatory care training facility shall provide that all revenues received by the tenants, subtenants and other users including, but not limited to, the revenues received by the medical clinical practice management plan established pursuant to the policies of the board of trustees of the state university of New York at the health sciences center at state university of New York at Stony Brook, shall be pledged and assigned to the dormitory authority to the extent required to make the annual rentals and other payments due to the authority from the fund pursuant to a lease, sublease or other agreement between the authority and the fund with respect to the ambulatory care training facility to secure the obligations of the state university construction fund undertaken pursuant thereto, and the authority shall have a first lien on any such revenues to the same extent. The state university of New York, the state university construction fund, any tenant, subtenant or other user which has entered into a lease, sublease or other agreement with the state university construction fund and the university with respect to the possession and use of such ambulatory care training facility, and the medical clinical practice management plan at the health sciences center at state university EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law a of New York at Stony Brook acting by and through any authorized representatives thereof; shall agree in writing to the pledge and assignment of all such revenues. Such pledge and assignment shall provide that (i) all revenues of such medical clinical practice management plan, including any amounts receivable by the state university of New York from such medical clinical practice management plan for the benefit of the state university of New York, shall be pledged and assigned to the dormitory authority, to the extent required to make the annual rentals and other payments due to the authority from the fund pursuant to lease, sublease or other agreement between the authority and the fund with respect to the ambulatory care training facility and the authority shall have first lien on any such revenues to the same extent to secure the obligations of the state university construction fund undertaken pursuant thereto; and (ii) the foregoing pledge and assignment shall be pursuant to the obligation under such medical clinical practice management plan to reimburse the state for the costs of clinical practice in accordance with such clinical practice management plan. Any such pledge and assignment of revenues to the authority may be further pledged and assigned to the holders of obligations of the dormitory authority issued to finance the acquisition, design, construction, reconstruction, rehabilitation, improvement or other provision furnishing and equipping of the ambulatory care training facility or to a trustee acting on behalf of the holders of such obligations. To the extent not so pledged and assigned, revenues of such medical clinical practice management plan shall be available for any lawful purposes of the state university of New York health sciences center at Stony Brook. Notwithstanding the provisions of article fourteen of the civil service law or any other law, rule or regulation to the contrary, neither the state of New York, the state university of New York, the medical clinical practice management plan at the state university of New York at Stony Brook, nor any other person, corporation, organization or entity shall take any action in such manner as to impair or diminish the rights and remedies of the dormitory authority pursuant to any such pledge and assignment and any lien or other security interest created pursuant hereto. to (d) In the event of the failure of the state university construction fund to receive when due, either pursuant to the leases, subleases or other agreements with the tenants, subtenants or other users of the ambulatory care training facility or pursuant to the pledge and assignment of the revenues of such tenants, subtenants or other users, including the pledge and assignment of revenues received by the medical clinical practice management plan, amounts which, in the aggregate, equal the annual rentals and other payments required to be made by the fund to the dormitory authority pursuant to the lease, sublease or other agreement between the fund and the authority with respect to the ambulatory care training facility, and subject to the right of the state university construction fund to receive payments from the state comptroller pursuant the provisions of subdivision nineteen of this section, as added by chapter six hundred seventy-eight of the laws of nineteen hundred eighty-eight, the state university construction fund shall forthwith make and deliver to such state comptroller a certificate stating the amount of the aggregate payments required to have been made by such tenants, subtenants or other users, the amount received from such tenants, subtenants or other users and the amount remaining unpaid by such tenants, subtenants or other users. The state comptroller, after giving written notice to the director of the budget and the chancellor of state university of New York, shall pay the state university construction fund the amount set forth in such certificate as remaining unpaid, which amount shall be paid from any moneys appropriated or allocated by the state for or on account of the activities of the state university of New York at Stony Brook hospital and not yet paid. The amount required to be paid by the state comptroller pursuant to this subdivision shall be paid to the state university construction fund as soon as practicable after receipt of the certificate of the state university construction fund and notice to the director of the budget and the chancellor of the state university of New York is given, whether or not the moneys from which such payment is to be made are then due and payable to the state university. (e) The amount of state appropriations and allocations payable to the state university of New York for the Stony Brook hospital from which the state comptroller has made a payment pursuant to this subdivision shall be reduced by the amount so paid to the state university construction fund, notwithstanding the amount appropriated or allocated and appor 1 4 tioned by the state to the state university of New York for the Stony Brook hospital, and the state shall not be obligated to make and the state university of New York shall not be entitled to receive for the Stony Brook hospital any additional apportionment or payment of state moneys on account of said amount paid to the state university construction fund. (f) In the event of the failure of the state university construction fund to receive when due, either pursuant to the leases, subleases or other agreements provided for in paragraph (c) of this subdivision or pursuant to the provisions of paragraph (d) of this subdivision, and subject to the right of the state university construction fund to receive payments from the state comptroller pursuant to the provisions of subdivision nineteen of this section, as added by chapter six hundred seventy-eight of the laws of nineteen hundred eighty-eight, the state university construction fund shall forthwith make and deliver to such state comptroller a certificate stating the amount of the aggregate payments required to have been made by such tenants, subtenants or other users. The state comptroller, after giving written notice to the director of the budget and the chancellor of state university of New York, shall pay the state university construction fund the amount set forth in such certificate as remaining unpaid, which amount shall be paid from any moneys appropriated or allocated by the state for or on account of the operating costs of the state university of New York at Stony Brook and not yet paid. The amount required to be paid by the state comptroller pursuant to this subdivision shall be paid to the state university construction fund as soon as practicable after receipt of the certificate of the state university construction fund and notice to the director of the budget and the chancellor of state university of New York is given, whether or not the moneys from which such payment is to be made are then due and payable to the state university. (g) The amount of state appropriations and allocations payable to the state university of New York at Stony Brook from which the state comptroller has made a payment pursuant to this subdivision shall be reduced by the amount SO paid to the state university construction fund, notwithstanding the amount appropriated or allocated and apportioned by the state to the state university of New York at Stony Brook and the state shall not be obligated to make and the state university of New York at Stony Brook shall not be entitled to receive any additional apportionment or payment of state moneys on account of said amount paid to the state university construction fund. (h) Bonds issued by the dormitory authority pursuant to the provisions of this subdivision to finance an ambulatory care training facility shall not be subject to the provisions of such subdivision nineteen of this section. § 3. Subdivision 3-a of section 378 of the education law is amended by adding a new paragraph (d) to read as follows: (d) The provisions of this subdivision shall not apply to any lease, sublease or other agreement between the state university construction fund and the dormitory authority for the provision of an ambulatory care training facility, as defined in subdivision thirty-one of section sixteen hundred seventy-six of the public authorities law. § 4. This act shall take effect immediately. CHAPTER 620 AN ACT to amend the state administrative procedure act, in relation to continuation of rule making proceedings The Became a law July 24, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivisions 2 and 3 of section 202 of the state administrative procedure act, as added by chapter 17 of the laws of 1984, subEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |