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N.Y. Correct. Law § 116

incarcerated individuals' funds

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 116. Inmates' funds. The warden or superintendent of each of the\ninstitutions within the jurisdiction of the department of corrections\nand community supervision shall deposit at least once in each week to\nhis or her credit as such warden, or superintendent, in such bank or\nbanks as may be designated by the comptroller, all the moneys received\nby him or her as such warden, or superintendent, as inmates' funds, and\nsend to the comptroller and also to the commissioner monthly, a\nstatement showing the amount so received and deposited. Such statement\nof deposits shall be certified by the proper officer of the bank\nreceiving such deposit or deposits. The warden, or superintendent, shall\nalso verify by his or her affidavit that the sum so deposited is all the\nmoney received by him or her as inmates' funds during the month. Any\nbank in which such deposits shall be made shall, before receiving any\nsuch deposits, file a bond with the comptroller of the state, subject to\nhis or her approval, for such sum as he or she shall deem necessary.\nUpon a certificate of approval issued by the director of the budget,\npursuant to the provisions of section fifty-three of the state finance\nlaw, the amount of interest, if any, heretofore accrued and hereafter to\naccrue on moneys so deposited, heretofore and hereafter credited to the\nwarden, or superintendent, by the bank from time to time, shall be\navailable for expenditure by the warden, or superintendent, subject to\nthe direction of the commissioner, for welfare work among the inmates in\nhis custody. The withdrawal of moneys so deposited by such warden, or\nsuperintendent, as inmates' funds, including any interest so credited,\nshall be subject to his or her check. Each warden, or superintendent,\nshall each month provide the comptroller and also the commissioner with\na record of all withdrawals from inmates' funds. As used in this\nsection, the term "inmates' funds" means the funds in the possession of\nthe inmate at the time of his or her admission into the institution,\nfunds earned by him or her as provided in section one hundred\neighty-seven of this chapter and any other funds received by him or her\nor on his or her behalf and deposited with such warden or superintendent\nin accordance with the rules and regulations of the commissioner.\nWhenever the total unencumbered value of funds in an inmate's account\nexceeds ten thousand dollars, the superintendent shall give written\nnotice to the office of victim services.\n
§ 116. incarcerated individuals' funds. The warden or superintendent\nof each of the institutions within the jurisdiction of the department of\ncorrections and community supervision shall deposit at least once in\neach week to his or her credit as such warden, or superintendent, in\nsuch bank or banks as may be designated by the comptroller, all the\nmoneys received by him or her as such warden, or superintendent, as\nincarcerated individuals' funds, and send to the comptroller and also to\nthe commissioner monthly, a statement showing the amount so received and\ndeposited. Such statement of deposits shall be certified by the proper\nofficer of the bank receiving such deposit or deposits. The warden, or\nsuperintendent, shall also verify by his or her affidavit that the sum\nso deposited is all the money received by him or her as incarcerated\nindividuals' funds during the month. Any bank in which such deposits\nshall be made shall, before receiving any such deposits, file a bond\nwith the comptroller of the state, subject to his or her approval, for\nsuch sum as he or she shall deem necessary. Upon a certificate of\napproval issued by the director of the budget, pursuant to the\nprovisions of section fifty-three of the state finance law, the amount\nof interest, if any, heretofore accrued and hereafter to accrue on\nmoneys so deposited, heretofore and hereafter credited to the warden, or\nsuperintendent, by the bank from time to time, shall be available for\nexpenditure by the warden, or superintendent, subject to the direction\nof the commissioner, for welfare work among the incarcerated individuals\nin his or her custody. The withdrawal of moneys so deposited by such\nwarden, or superintendent, as incarcerated individuals' funds, including\nany interest so credited, shall be subject to his or her check. Each\nwarden, or superintendent, shall each month provide the comptroller and\nalso the commissioner with a record of all withdrawals from incarcerated\nindividuals' funds. As used in this section, the term " incarcerated\nindividuals' funds" means the funds in the possession of the\nincarcerated individual at the time of his or her admission into the\ninstitution, funds earned by him or her as provided in section one\nhundred eighty-seven of this chapter and any other funds received by him\nor her or on his or her behalf and deposited with such warden or\nsuperintendent in accordance with the rules and regulations of the\ncommissioner. Whenever the total unencumbered value of funds in an\nincarcerated individual's account exceeds ten thousand dollars, the\nsuperintendent shall give written notice to the office of victim\nservices.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.