S T A T E O F N E W Y O R K
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4185
2015-2016 Regular Sessions
I N A S S E M B L Y
January 29, 2015
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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 child support work
programs for county jails
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 article 28 to
read as follows:
ARTICLE 28
CHILD SUPPORT WORK PROGRAM FOR COUNTY JAILS
SECTION 890. ESTABLISHMENT OF THE CHILD SUPPORT WORK PROGRAM.
891. PROCEDURES.
892. WHEN EMPLOYMENT PROHIBITED.
893. PRISONER NOT AN AGENT OF COUNTY.
894. ANNUAL REPORT.
S 890. ESTABLISHMENT OF THE CHILD SUPPORT WORK PROGRAM. THE SHERIFF,
UPON APPROVAL OF THE LEGISLATIVE BODY OF THE COUNTY, SHALL ESTABLISH A
CHILD SUPPORT WORK PROGRAM PURSUANT TO WHICH A PRISONER, UNDER A COURT
ORDER TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT TO A
SUPPORT COLLECTION UNIT ON BEHALF OF PERSONS RECEIVING SERVICES UNDER
TITLE SIX-A OF ARTICLE THREE OF THE SOCIAL SERVICES LAW, WHO HAS ACCUMU-
LATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT OF
CURRENT SUPPORT DUE FOR A PERIOD OF FOUR MONTHS, AND WHO IS SENTENCED TO
AND CONFINED IN ANY COUNTY JAIL UNDER HIS OR HER JURISDICTION, MAY BE
GRANTED THE PRIVILEGE OF PERFORMING WORK AT THE JAIL FOR AN AMOUNT OF
COMPENSATION THAT SHALL BE PAID TO A SUPPORT COLLECTION UNIT ON BEHALF
OF PERSONS RECEIVING SERVICES UNDER TITLE SIX-A OF ARTICLE THREE OF THE
SOCIAL SERVICES LAW. FOR PURPOSES OF DETERMINING WHETHER A SUPPORT OBLI-
GOR HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN THE
AMOUNT OF CURRENT SUPPORT DUE FOR A PERIOD OF FOUR MONTHS, THE EXISTENCE
OF ANY RETROACTIVE SUPPORT SHALL NOT BE INCLUDED IN THE CALCULATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02656-01-5
A. 4185 2
SUPPORT ARREARS PURSUANT TO THIS SECTION; HOWEVER, IF AT LEAST FOUR
MONTHS OF SUPPORT ARREARS HAS ACCUMULATED SUBSEQUENT TO THE DATE OF THE
COURT ORDER, THE ENTIRE AMOUNT OF ANY RETROACTIVE SUPPORT MAY BE
COLLECTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE OR AS OTHERWISE
AUTHORIZED BY LAW.
S 891. PROCEDURES. PURSUANT TO RULES AND REGULATIONS PROMULGATED BY
THE SHERIFF AND APPROVED BY THE DEPARTMENT, ANY PRISONER SENTENCED TO
AND CONFINED IN ANY JAIL FOR WHICH THE SHERIFF HAS ESTABLISHED A CHILD
SUPPORT WORK PROGRAM PURSUANT TO THIS ARTICLE MAY BE REQUIRED BY THE
SHERIFF TO PARTICIPATE IN SUCH PROGRAM. THE SHERIFF SHALL PREPARE A
SPECIFIC, WRITTEN CHILD SUPPORT WORK PLAN FOR THE PRISONER WHICH SHALL
CONTAIN SUCH TERMS AND CONDITIONS AS SHALL BE DEEMED REASONABLY PROPER
AND NECESSARY. THE WORK RELEASE PLAN MAY BE REVOKED, SUSPENDED OR MODI-
FIED BY THE SHERIFF AT ANY TIME FOR GOOD CAUSE, WITH OR WITHOUT NOTICE
TO THE PRISONER.
S 892. WHEN EMPLOYMENT PROHIBITED. (A) NO EMPLOYMENT UNDER THE CHILD
SUPPORT WORK PROGRAM FOR ANY PRISONER SHALL BE APPROVED IF IT IS ASCER-
TAINED BY THE SHERIFF THAT SUCH EMPLOYMENT WILL RESULT IN THE DISPLACE-
MENT OF EMPLOYED WORKERS, OR BE APPLIED IN SKILLS, CRAFTS OR TRADES IN
WHICH THERE IS A SURPLUS OF AVAILABLE LABOR IN THE LOCALITY.
(B) THE STATE DEPARTMENT OF LABOR SHALL EXERCISE THE SAME SUPERVISION
OVER CONDITIONS OF EMPLOYMENT FOR PRISONERS PARTICIPATING IN THE CHILD
SUPPORT WORK PROGRAM AS SUCH DEPARTMENT DOES OVER CONDITIONS OF EMPLOY-
MENT FOR FREE PERSONS.
S 893. PRISONER NOT AN AGENT OF COUNTY. NO PRISONER PARTICIPATING IN A
CHILD SUPPORT WORK PROGRAM SHALL BE DEEMED AN AGENT, EMPLOYEE OR INVOL-
UNTARY SERVANT OF THE COUNTY WHILE WORKING WHILE IN CONFINEMENT PURSUANT
TO THE TERMS OF ANY CHILD SUPPORT WORK PLAN.
S 894. ANNUAL REPORT. THE SHERIFF SHALL ANNUALLY PREPARE A REPORT OF
THE CHILD SUPPORT WORK PROGRAM WHICH SHALL BE TRANSMITTED TO THE LEGIS-
LATURE ON OR BEFORE THE FIRST DAY OF MARCH IN EACH YEAR. SUCH ANNUAL
REPORT SHALL INCLUDE A SUMMARY OF THE OPERATIONS AND ACTIVITIES OF THE
PROGRAM FOR THE PRECEDING YEAR AND SUCH RECOMMENDATIONS FOR THE IMPROVE-
MENT OF THE PROGRAM AS THE SHERIFF SHALL DEEM NECESSARY AND PROPER.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.