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Assembly Bill A10362

2009-2010 Legislative Session

Provides for disposition of civil judgment or settlement realized by prisoner

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Archive: Last Bill Status - In Assembly Committee

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2009-A10362 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add ยง620-a, Cor L
Versions Introduced in 2011-2012 Legislative Session:
A1575

2009-A10362 (ACTIVE) - Summary

Provides for the disposition of civil proceeds realized by a prisoner of a correctional facility who is successful in an action against the state or a locality to a trust fund subject to garnishment or attachment for the cost of such prisoner's confinement, support of his or her dependents, payment of fines and other restitution.

2009-A10362 (ACTIVE) - Sponsor Memo

2009-A10362 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10362

                          I N  A S S E M B L Y

                             March 19, 2010
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the correction law, in relation to  civil  judgments  or
  settlements awarded to inmates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new section 620-a
to read as follows:
  S 620-A.  DISPOSITION OF CIVIL JUDGMENTS OR SETTLEMENTS.   THE  AMOUNT
OF ANY SETTLEMENT OR JUDGMENT REALIZED BY A PRISONER IN A STATE OR LOCAL
CORRECTION  FACILITY  AS A RESULT OF A CIVIL ACTION FOR DAMAGES SUFFERED
WHILE SUCH A PRISONER, LESS ANY DEDUCTIONS  REQUIRED  OR  AUTHORIZED  BY
LAW,  SHALL  BE  DEPOSITED  WITH THE DEPARTMENT IN A TRUST FUND ACCOUNT.
SUCH EARNINGS SHALL BE SUBJECT TO ATTACHMENT OR GARNISHMENT IN THE HANDS
OF THE DEPARTMENT.   THE  COMMISSIONER  IS  AUTHORIZED  TO  PROVIDE  FOR
DISBURSEMENTS  FROM THE TRUST FUND ACCOUNT FOR ANY OR ALL OF THE FOLLOW-
ING PURPOSES:
  1. SUCH COSTS INCIDENT TO THE PRISONER'S CONFINEMENT  AS  THE  COMMIS-
SIONER DEEMS APPROPRIATE AND REASONABLE;
  2.  SUCH COSTS RELATED TO ANY WORK RELEASE PROGRAM AS THE COMMISSIONER
DEEMS APPROPRIATE AND REASONABLE;
  3. SUPPORT OF THE PRISONER'S DEPENDENTS; OR
  4. PAYMENT OF COURT FINES, MANDATORY SURCHARGE, RESTITUTION OR REPARA-
TION, OR FORFEITURES.
  THE BALANCE OF SUCH EARNINGS, IF ANY, AFTER DISBURSEMENTS FOR  ANY  OF
THE  PURPOSES  ESTABLISHED IN THIS SECTION SHALL BE PAID TO THE PRISONER
UPON TERMINATION OF HIS OR HER IMPRISONMENT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15867-01-0

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