Search OpenLegislation Statutes

This entry was published on 2021-08-13
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
incarcerated individuals' funds
Correction (COR) CHAPTER 43, ARTICLE 6
§ 116. incarcerated individuals' funds. The warden or superintendent
of each of the institutions within the jurisdiction of the department of
corrections and community supervision shall deposit at least once in
each week to his or her credit as such warden, or superintendent, in
such bank or banks as may be designated by the comptroller, all the
moneys received by him or her as such warden, or superintendent, as
incarcerated individuals' funds, and send to the comptroller and also to
the commissioner monthly, a statement showing the amount so received and
deposited. Such statement of deposits shall be certified by the proper
officer of the bank receiving such deposit or deposits. The warden, or
superintendent, shall also verify by his or her affidavit that the sum
so deposited is all the money received by him or her as incarcerated
individuals' funds during the month. Any bank in which such deposits
shall be made shall, before receiving any such deposits, file a bond
with the comptroller of the state, subject to his or her approval, for
such sum as he or she shall deem necessary. Upon a certificate of
approval issued by the director of the budget, pursuant to the
provisions of section fifty-three of the state finance law, the amount
of interest, if any, heretofore accrued and hereafter to accrue on
moneys so deposited, heretofore and hereafter credited to the warden, or
superintendent, by the bank from time to time, shall be available for
expenditure by the warden, or superintendent, subject to the direction
of the commissioner, for welfare work among the incarcerated individuals
in his or her custody. The withdrawal of moneys so deposited by such
warden, or superintendent, as incarcerated individuals' funds, including
any interest so credited, shall be subject to his or her check. Each
warden, or superintendent, shall each month provide the comptroller and
also the commissioner with a record of all withdrawals from incarcerated
individuals' funds. As used in this section, the term " incarcerated
individuals' funds" means the funds in the possession of the
incarcerated individual at the time of his or her admission into the
institution, funds earned by him or her as provided in section one
hundred eighty-seven of this chapter and any other funds received by him
or her or on his or her behalf and deposited with such warden or
superintendent in accordance with the rules and regulations of the
commissioner. Whenever the total unencumbered value of funds in an
incarcerated individual's account exceeds ten thousand dollars, the
superintendent shall give written notice to the office of victim