STATE OF NEW YORK
        ________________________________________________________________________

                                           397

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section  1.  Section  187 of the correction law is amended by adding a
     2  new subdivision 5 to read as follows:
     3    5. Retirement. a. Any incarcerated individual over sixty-two years  of
     4  age who has served at least five years of his or her sentence shall have
     5  the  option to stop participating in programs and work assignments under
     6  this article and shall receive a monthly retirement  stipend  of  thirty
     7  dollars.
     8    b.  The  commissioner shall inform each incarcerated individual who is
     9  eligible for retirement under paragraph a of this  subdivision  of  such
    10  individual's option to retire.
    11    c.  If  an eligible individual decides to continue working and refuses
    12  the retirement stipend, the commissioner shall so note in writing.
    13    d. Any incarcerated individual who has refused the retirement  benefit
    14  under  paragraph  c  of  this  subdivision may elect to stop working and
    15  receive such benefit upon thirty days written notice to the  commission-
    16  er.
    17    e.  Nothing  in  this  subdivision  shall  excuse  an  individual from
    18  completing any program required for parole release,  provided,  however,
    19  that  an  eligible  individual  who  is waiting for an opening in such a
    20  program may stop working until such program becomes available.
    21    § 2. This act shall take effect one year after it shall have become  a
    22  law. Effective immediately, the addition, amendment and/or repeal of any
    23  rule  or  regulation necessary for the implementation of this act on its
    24  effective date are authorized to be made and completed on or before such
    25  date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01128-01-3