Bill Text: NY A09115 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for eligible incarcerated individuals to receive a monthly stipend upon release from a state correctional facility.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-02-07 - referred to correction [A09115 Detail]

Download: New_York-2023-A09115-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9115

                   IN ASSEMBLY

                                    February 7, 2024
                                       ___________

        Introduced by M. of A. GIBBS, BICHOTTE HERMELYN, TAYLOR -- read once and
          referred to the Committee on Correction

        AN  ACT  to  amend  the  correction  law  and  the state finance law, in
          relation to providing for money upon release for certain  incarcerated
          individuals; and making an appropriation therefor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new section 12 to
     2  read as follows:
     3    § 12. Gate money program. 1. As used in this  section,  the  following
     4  terms shall have the following meanings:
     5    (a)  "Program"  means  the  gate money program established pursuant to
     6  subdivision two of this section.
     7    (b) "Eligible incarcerated individual" means an incarcerated  individ-
     8  ual  who  is released from a state correctional facility after serving a
     9  minimum of six months who has not previously  received  money  from  the
    10  program.
    11    2.  The  commissioner shall develop a gate money program that provides
    12  for eligible incarcerated individuals to receive a monthly stipend  upon
    13  release from a state correctional facility.
    14    3.  (a)  Stipends paid to an eligible incarcerated individual pursuant
    15  to the program shall be no less than four  hundred  twenty-five  dollars
    16  per  month  for  a  period  of up to six months.   The maximum aggregate
    17  amount any individual shall receive from the  program  is  two  thousand
    18  five hundred fifty dollars.
    19    (b)  The  dollar amounts in paragraph (a) of this subdivision shall be
    20  adjusted annually for inflation as determined from the increase  in  the
    21  consumer  price index in the one year period ending on the March thirty-
    22  first prior to the cost-of-living adjustment effective  on  the  ensuing
    23  September first.
    24    4.  (a)  The  initial payment of a program stipend shall be made imme-
    25  diately upon release of the eligible incarcerated individual in the form
    26  of cash or a check. Such program stipend shall be  in  addition  to  any
    27  other funds to be paid or returned to such individual.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11085-02-4

        A. 9115                             2

     1    (b)  Subsequent program stipend payments shall be made on the first of
     2  each month by the community  supervision  agency  responsible  for  such
     3  individual.
     4    5.  The  provisions of this section shall not apply to an incarcerated
     5  individual who is released to the custody of another state or the feder-
     6  al government.
     7    6. Stipend payments paid pursuant to the provisions  of  this  section
     8  shall  not  be  taken into consideration when determining eligibility or
     9  calculating the amount of benefits for any public assistance program.
    10    7. The department shall collect data on  the  number  of  incarcerated
    11  individuals participating in the program and issue a report on such data
    12  to  the  governor, the temporary president of the senate and the speaker
    13  of the assembly annually.
    14    8. The commissioner shall promulgate any rules and regulations  neces-
    15  sary for the implementation of this section.
    16    § 2. The state finance law is amended by adding a new section 99-rr to
    17  read as follows:
    18    §  99-rr.  Gate money fund. 1. A special fund to be known as the "gate
    19  money fund" is hereby established in the  custody  of  the  state  comp-
    20  troller and the commissioner of taxation and finance.
    21    2.  The  fund  shall  consist of all monies appropriated, credited, or
    22  transferred to such fund pursuant to law, all  monies  required  by  any
    23  provision  of law to be paid into or credited to the fund and any inter-
    24  est earnings which may accrue from the investment of monies in the fund.
    25  Nothing contained in this section shall prevent the state from receiving
    26  grants, gifts or bequests for the purposes of the  fund  as  defined  in
    27  this section and depositing them in the fund according to law.
    28    3.  Monies  of  the  fund,  when  allocated, shall be available to the
    29  department of corrections and community supervision to provide  stipends
    30  pursuant to the provisions of section twelve of the correction law.
    31    4.  Monies  shall be payable from the fund on the audit and warrant of
    32  the comptroller on vouchers approved and certified by  the  commissioner
    33  of corrections and community supervision.
    34    §  3.  The  sum of twenty-five million dollars ($25,000,000) is hereby
    35  appropriated from any moneys in the state treasury in the  general  fund
    36  to  the  credit  of  the gate money fund established pursuant to section
    37  99-rr of the state finance law in carrying out the  provisions  of  this
    38  act.    Such  sum shall be payable on the audit and warrant of the state
    39  comptroller on vouchers certified or approved in the manner provided  by
    40  law.
    41    § 4. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.  Effective immediately, the addition, amend-
    43  ment and/or repeal of any rule or regulation necessary for the implemen-
    44  tation  of  this act on its effective date are authorized to be made and
    45  completed on or before such effective date.
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