Senate Bill S6643A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6643--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the  correction  law  and  the  state  finance  law,  in
   relation  to providing for money upon release for certain incarcerated
   individuals; and making an appropriation therefor
 
   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 12 to
 read as follows:
   §  12.  GATE  MONEY PROGRAM. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PROGRAM" MEANS THE GATE MONEY  PROGRAM  ESTABLISHED  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   (B)  "ELIGIBLE INCARCERATED INDIVIDUAL" MEANS AN INCARCERATED INDIVID-
 UAL WHO IS RELEASED FROM A STATE CORRECTIONAL FACILITY AFTER  SERVING  A
 MINIMUM  OF  SIX  MONTHS  WHO HAS NOT PREVIOUSLY RECEIVED MONEY FROM THE
 PROGRAM.
   2. THE COMMISSIONER SHALL DEVELOP A GATE MONEY PROGRAM  THAT  PROVIDES
 FOR  ELIGIBLE INCARCERATED INDIVIDUALS TO RECEIVE A MONTHLY STIPEND UPON
 RELEASE FROM A STATE CORRECTIONAL FACILITY.
   3. (A) STIPENDS PAID TO AN ELIGIBLE INCARCERATED  INDIVIDUAL  PURSUANT
 TO  THE  PROGRAM  SHALL BE NO LESS THAN FOUR HUNDRED TWENTY-FIVE DOLLARS
 PER MONTH FOR A PERIOD OF UP TO  SIX  MONTHS.    THE  MAXIMUM  AGGREGATE
 AMOUNT  ANY  INDIVIDUAL  SHALL  RECEIVE FROM THE PROGRAM IS TWO THOUSAND
 FIVE HUNDRED FIFTY DOLLARS.
   (B) THE DOLLAR AMOUNTS IN PARAGRAPH (A) OF THIS SUBDIVISION  SHALL  BE
 ADJUSTED  ANNUALLY  FOR INFLATION AS DETERMINED FROM THE INCREASE IN THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11075-02-4
              

 S. 6643--A                          2
 
 CONSUMER PRICE INDEX IN THE ONE YEAR PERIOD ENDING ON THE MARCH  THIRTY-
 FIRST  PRIOR  TO  THE COST-OF-LIVING ADJUSTMENT EFFECTIVE ON THE ENSUING
 SEPTEMBER FIRST.
   4.  (A)  THE  INITIAL PAYMENT OF A PROGRAM STIPEND SHALL BE MADE IMME-
 DIATELY UPON RELEASE OF THE ELIGIBLE INCARCERATED INDIVIDUAL IN THE FORM
 OF CASH OR A CHECK. SUCH PROGRAM STIPEND SHALL BE  IN  ADDITION  TO  ANY
 OTHER FUNDS TO BE PAID OR RETURNED TO SUCH INDIVIDUAL.
   (B)  SUBSEQUENT PROGRAM STIPEND PAYMENTS SHALL BE MADE ON THE FIRST OF
 EACH MONTH BY THE COMMUNITY  SUPERVISION  AGENCY  RESPONSIBLE  FOR  SUCH
 INDIVIDUAL.
   5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN INCARCERATED
 INDIVIDUAL WHO IS RELEASED TO THE CUSTODY OF ANOTHER STATE OR THE FEDER-
 AL GOVERNMENT.
   6. STIPEND PAYMENTS PAID PURSUANT TO THE PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE  TAKEN INTO CONSIDERATION WHEN DETERMINING ELIGIBILITY OR
 CALCULATING THE AMOUNT OF BENEFITS FOR ANY PUBLIC ASSISTANCE PROGRAM.
   7. THE DEPARTMENT SHALL COLLECT DATA ON  THE  NUMBER  OF  INCARCERATED
 INDIVIDUALS PARTICIPATING IN THE PROGRAM AND ISSUE A REPORT ON SUCH DATA
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY ANNUALLY.
   8. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  GATE MONEY FUND. 1. A SPECIAL FUND TO BE KNOWN AS THE "GATE
 MONEY FUND" IS HEREBY ESTABLISHED IN THE  CUSTODY  OF  THE  STATE  COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2.  THE  FUND  SHALL  CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR
 TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL  MONIES  REQUIRED  BY  ANY
 PROVISION  OF LAW TO BE PAID INTO OR CREDITED TO THE FUND AND ANY INTER-
 EST EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OF MONIES IN THE FUND.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM IN THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE  FUND,  WHEN  ALLOCATED, SHALL BE AVAILABLE TO THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION TO PROVIDE  STIPENDS
 PURSUANT TO THE PROVISIONS OF SECTION TWELVE OF THE CORRECTION LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF CORRECTIONS AND COMMUNITY SUPERVISION.
   §  3.  The  sum of twenty-five million dollars ($25,000,000) is hereby
 appropriated from any moneys in the state treasury in the  general  fund
 to  the  credit  of  the gate money fund established pursuant to section
 99-rr of the state finance law in carrying out the  provisions  of  this
 act.    Such  sum shall be payable on the audit and warrant of the state
 comptroller on vouchers certified or approved in the manner provided  by
 law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.