§ 116 — incarcerated individuals' funds

New York § 116

• Jurisdiction: New York
• Law COR: Correction
• Art. 6: Management of Correctional Facilities

Text

§ 116. incarcerated individuals' funds. The warden or superintendent\nof each of the institutions within the jurisdiction of the department of\ncorrections and community supervision shall deposit at least once in\neach week to his or her credit as such warden, or superintendent, in\nsuch bank or banks as may be designated by the comptroller, all the\nmoneys received by him or her as such warden, or superintendent, as\nincarcerated individuals' funds, and send to the comptroller and also to\nthe commissioner monthly, a statement showing the amount so received and\ndeposited. Such statement of deposits shall be certified by the proper\nofficer of the bank receiving such deposit or deposits. The warden, or\nsuperintendent, shall also verify by his or her affidavit that the sum\nso deposited is all the money received by him or her as incarcerated\nindividuals' funds during the month. Any bank in which such deposits\nshall be made shall, before receiving any such deposits, file a bond\nwith the comptroller of the state, subject to his or her approval, for\nsuch sum as he or she shall deem necessary. Upon a certificate of\napproval issued by the director of the budget, pursuant to the\nprovisions of section fifty-three of the state finance law, the amount\nof interest, if any, heretofore accrued and hereafter to accrue on\nmoneys so deposited, heretofore and hereafter credited to the warden, or\nsuperintendent, by the bank from time to time, shall be available for\nexpenditure by the warden, or superintendent, subject to the direction\nof the commissioner, for welfare work among the incarcerated individuals\nin his or her custody. The withdrawal of moneys so deposited by such\nwarden, or superintendent, as incarcerated individuals' funds, including\nany interest so credited, shall be subject to his or her check. Each\nwarden, or superintendent, shall each month provide the comptroller and\nalso the commissioner with a record of all withdrawals from incarcerated\nindividuals' funds. As used in this section, the term "incarcerated\nindividuals' funds" means the funds in the possession of the\nincarcerated individual at the time of his or her admission into the\ninstitution, funds earned by him or her as provided in section one\nhundred eighty-seven of this chapter and any other funds received by him\nor her or on his or her behalf and deposited with such warden or\nsuperintendent in accordance with the rules and regulations of the\ncommissioner. Whenever the total unencumbered value of funds in an\nincarcerated individual's account exceeds ten thousand dollars, the\nsuperintendent shall give written notice to the office of victim\nservices.\n