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Senate Bill S5415

2021-2022 Legislative Session

Relates to providing for the return of any identification materials to an individual upon release from custody

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2021-S5415 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §125, Cor L; add §837-w, Exec L

2021-S5415 (ACTIVE) - Summary

Provides for the return of any identification materials to an individual upon release from custody.

2021-S5415 (ACTIVE) - Sponsor Memo

2021-S5415 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5415
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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 and the executive law, in relation to
   providing  for  the return of any identification materials to an indi-
   vidual upon release from custody

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 125 of the correction law, as
 amended by 476 of the laws of 1970, is amended to read as follows:
   1. The superintendent, or an employee covered by bond  who  is  desig-
 nated  by  the  superintendent, of each correctional facility shall take
 charge of all moneys and other articles which  may  be  brought  to  the
 facility by the inmates, INCLUDING BUT NOT LIMITED TO ANY IDENTIFICATION
 MATERIALS, and shall cause the same, immediately upon the receipt there-
 of,  to  be  entered among the receipts of the facility; which money and
 other articles, INCLUDING BUT NOT LIMITED TO ANY IDENTIFICATION  MATERI-
 ALS,  whenever  the  inmate  from  whom  the  same was received shall be
 discharged from the custody of the department,  or  the  same  shall  be
 otherwise legally demanded, shall be returned by the said superintendent
 to  such inmate or other person legally entitled to the same, and vouch-
 ers shall be taken therefor. The commissioner shall promulgate rules and
 regulations concerning the custody and transfer of such money and  other
 articles,  INCLUDING  BUT NOT LIMITED TO ANY IDENTIFICATION MATERIALS in
 cases where inmates are transferred from one facility to another.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   § 837-W. RETURN OF IDENTIFICATION MATERIALS. 1. THE MEMBER OF A POLICE
 DEPARTMENT,  COUNTY  SHERIFF'S  OFFICE,  THE  STATE  POLICE OR OTHER LAW
 ENFORCEMENT OFFICER DESIGNATED TO RELEASE  AN  INDIVIDUAL  FROM  CUSTODY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06452-01-1

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