N.Y. Correction Law Section 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 State Finance Law § 53 (Special emergency appropriations)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 § 187 (Earnings of incarcerated individuals)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 services.

Source: Section 116 — incarcerated individuals' funds, https://www.­nysenate.­gov/legislation/laws/COR/116 (updated Aug. 13, 2021; accessed Dec. 21, 2024).

112
Powers and duties of commissioner relating to correctional facilities and community supervision 113
Absence of incarcerated individual for funeral and deathbed visits authorized 114
Rehabilitation programs for women 115
Fiscal accounts and records 116
incarcerated individuals’ funds 117
Estimates of expenses 118
Custody and supervision of persons in Westchester county correctional facilities 119
Daily report concerning incarcerated individuals 120
Custody and supervision of persons in correctional facilities 121
Private ownership or operation of correctional facilities 122
Control of fiscal transactions and recovery of debts 125
Incarcerated individuals’ money, clothing and other property 126
Punishment of superintendent for neglect of duty 130
Custody of incarcerated individual sentenced to death and commuted by governor 132
Retaking of an escaped incarcerated individual 133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed 134
Religious dietary requirements 136
Correctional education 137
Program of treatment, control, discipline at correctional facilities 138
Institutional rules and regulations for incarcerated individuals at all correctional facilities 138‑A
Notification of visitation policies 139
Grievance procedures 140
Provision for routine medical, dental and mental health services and treatment 141
Contagious disease in facility 142
Fire in facility 143
Custody of persons convicted of crimes against the United States 146
Persons authorized to visit correctional facilities 147
Noncitizen incarcerated individuals of correctional facilities 148
Psychiatric and diagnostic clinics 149
Released incarcerated individuals
Green check means up to date. Up to date

Accessed:
Dec. 21, 2024

Last modified:
Aug. 13, 2021

§ 116’s source at nysenate​.gov

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