Senate Bill S4403

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4403
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06363-01-7

 S. 4403                             2
 
 OF ANY RETROACTIVE SUPPORT SHALL NOT BE INCLUDED IN THE  CALCULATION  OF
 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.
   §  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.
   § 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.
   § 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.
   § 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.
   § 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.