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Assembly Bill A397

2023-2024 Legislative Session

Establishes an optional retirement stipend for certain incarcerated individuals over sixty-two years of age

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Archive: Last Bill Status - In Assembly Committee

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2023-A397 (ACTIVE) - Details

See Senate Version of this Bill:
S4307
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §187, Cor L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8499, S7001
2025-2026: A45, S5038

2023-A397 (ACTIVE) - Summary

Establishes an optional retirement stipend of thirty dollars per month for incarcerated individuals over age sixty-two who have completed at least five years of their sentence.

2023-A397 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    397
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction  law,  in  relation  to  establishing  an
   optional  retirement stipend for certain incarcerated individuals over
   sixty-two years of age
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  187 of the correction law is amended by adding a
 new subdivision 5 to read as follows:
   5. RETIREMENT. A. ANY INCARCERATED INDIVIDUAL OVER SIXTY-TWO YEARS  OF
 AGE WHO HAS SERVED AT LEAST FIVE YEARS OF HIS OR HER SENTENCE SHALL HAVE
 THE  OPTION TO STOP PARTICIPATING IN PROGRAMS AND WORK ASSIGNMENTS UNDER
 THIS ARTICLE AND SHALL RECEIVE A MONTHLY RETIREMENT  STIPEND  OF  THIRTY
 DOLLARS.
   B.  THE  COMMISSIONER SHALL INFORM EACH INCARCERATED INDIVIDUAL WHO IS
 ELIGIBLE FOR RETIREMENT UNDER PARAGRAPH A OF THIS  SUBDIVISION  OF  SUCH
 INDIVIDUAL'S OPTION TO RETIRE.
   C.  IF  AN ELIGIBLE INDIVIDUAL DECIDES TO CONTINUE WORKING AND REFUSES
 THE RETIREMENT STIPEND, THE COMMISSIONER SHALL SO NOTE IN WRITING.
   D. ANY INCARCERATED INDIVIDUAL WHO HAS REFUSED THE RETIREMENT  BENEFIT
 UNDER  PARAGRAPH  C  OF  THIS  SUBDIVISION MAY ELECT TO STOP WORKING AND
 RECEIVE SUCH BENEFIT UPON THIRTY DAYS WRITTEN NOTICE TO THE  COMMISSION-
 ER.
   E.  NOTHING  IN  THIS  SUBDIVISION  SHALL  EXCUSE  AN  INDIVIDUAL FROM
 COMPLETING ANY PROGRAM REQUIRED FOR PAROLE RELEASE,  PROVIDED,  HOWEVER,
 THAT  AN  ELIGIBLE  INDIVIDUAL  WHO  IS WAITING FOR AN OPENING IN SUCH A
 PROGRAM MAY STOP WORKING UNTIL SUCH PROGRAM BECOMES AVAILABLE.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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