Bill Text: NY S01104 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the inmate fraud act, which creates the crime of inmate fraud, allows inmates' accounts to be frozen and establishes the victims of inmate fraud fund.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-17 - PRINT NUMBER 1104A [S01104 Detail]
Download: New_York-2011-S01104-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1104
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
___________
Introduced by Sens. PARKER, PERKINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
inmate fraud, to amend the correction law, in relation to freezing
accounts of inmates and to amend the state finance law, in relation to
establishing the victim of inmate fraud fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "the inmate
2 fraud act".
3 S 2. Section 10.00 of the penal law is amended by adding a new subdi-
4 vision 21 to read as follows:
5 21. FOR PURPOSES OF SECTION 190.87 OF THIS CHAPTER, THE TERM "INMATE"
6 SHALL MEAN A PERSON WHO IS CONFINED IN THE CUSTODY OF THE DEPARTMENT OF
7 CORRECTION, A SHERIFF, A COUNTY JAIL OR A SECURE JUVENILE FACILITY.
8 S 3. The penal law is amended by adding a new section 190.87 to read
9 as follows:
10 S 190.87 INMATE FRAUD.
11 AN INMATE WHO, WITH THE INTENT OF OBTAINING MONEY OR OTHER PROPERTY
12 FROM A PERSON WHO IS NOT AN INMATE, KNOWINGLY OR INTENTIONALLY MAKES A
13 MISREPRESENTATION TO A PERSON WHO IS NOT AN INMATE AND OBTAINS OR
14 ATTEMPTS TO OBTAIN MONEY OR OTHER PROPERTY FROM THE PERSON WHO IS NOT AN
15 INMATE; OR OBTAINS OR ATTEMPTS TO OBTAIN MONEY OR OTHER PROPERTY FROM
16 THE PERSON WHO IS NOT AN INMATE THROUGH A MISREPRESENTATION MADE BY
17 ANOTHER PERSON IS GUILTY OF INMATE FRAUD.
18 INMATE FRAUD IS A CLASS C FELONY.
19 S 4. The correction law is amended by adding a new section 80 to read
20 as follows:
21 S 80. INMATE FRAUD; FREEZING INMATE ACCOUNTS. 1. IF THE DEPARTMENT
22 HAS REASONABLE SUSPICION THAT MONEY IN AN INMATE'S ACCOUNT WAS DERIVED
23 FROM THE COMMISSION OF INMATE FRAUD, AS DEFINED IN SECTION 190.87 OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01608-01-1
S. 1104 2
1 PENAL LAW, THE DEPARTMENT MAY FREEZE ALL OR A PART OF THE INMATE'S
2 ACCOUNT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS WHILE THE DEPARTMENT
3 CONDUCTS AN INVESTIGATION TO DETERMINE WHETHER MONEY IN THE INMATE'S
4 ACCOUNT DERIVES FROM INMATE FRAUD. IF THE DEPARTMENT FREEZES THE ACCOUNT
5 OF AN INMATE UNDER THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE INMATE
6 IN WRITING.
7 2. IF THE DEPARTMENT'S INVESTIGATION REVEALS THAT NO MONEY IN THE
8 INMATE'S ACCOUNT WAS DERIVED FROM INMATE FRAUD, THE DEPARTMENT SHALL
9 UNFREEZE THE ACCOUNT AT THE CONCLUSION OF THE INVESTIGATION.
10 3. IF THE DEPARTMENT'S INVESTIGATION REVEALS THAT MONEY IN THE
11 INMATE'S ACCOUNT MAY HAVE BEEN DERIVED FROM THE COMMISSION OF INMATE
12 FRAUD, THE DEPARTMENT SHALL NOTIFY THE PROSECUTING ATTORNEY OF THE
13 RESULTS OF THE DEPARTMENT'S INVESTIGATION.
14 4. IF THE PROSECUTING ATTORNEY CHARGES THE INMATE WITH INMATE FRAUD,
15 THE DEPARTMENT SHALL FREEZE THE INMATE'S ACCOUNT UNTIL THE CASE REACHES
16 FINAL JUDGMENT.
17 5. IF THE PROSECUTING ATTORNEY DOES NOT CHARGE THE INMATE WITH INMATE
18 FRAUD, OR IF THE INMATE IS ACQUITTED OF THE CHARGE OF INMATE FRAUD, THE
19 DEPARTMENT SHALL UNFREEZE THE INMATE'S ACCOUNT.
20 6. IF THE INMATE IS CONVICTED OF INMATE FRAUD, THE DEPARTMENT, IN
21 CONSULTATION WITH THE PROSECUTING ATTORNEY, SHALL LOCATE THE MONEY OR
22 PROPERTY DERIVED FROM INMATE FRAUD AND RETURN IT TO THE RIGHTFUL OWNER.
23 7. IF, NINETY DAYS AFTER THE DATE OF AN INMATE'S CONVICTION FOR INMATE
24 FRAUD, THE DEPARTMENT HAS LOCATED THE MONEY OR PROPERTY DERIVED FROM THE
25 COMMISSION OF INMATE FRAUD BUT IS UNABLE TO RETURN THE MONEY TO THE
26 RIGHTFUL OWNER, THE DEPARTMENT SHALL DEPOSIT THE MONEY IN THE VICTIMS OF
27 INMATE FRAUD FUND ESTABLISHED BY SECTION NINETY-NINE-T OF THE STATE
28 FINANCE LAW.
29 8. CONFIDENTIAL INFORMATION HELD BY THE DEPARTMENT ABOUT A PERSON WHO
30 HAS BEEN COMMITTED TO THE DEPARTMENT SHALL BE DISCLOSED TO A PERSON WHO
31 IS OR MAY BE THE VICTIM OF INMATE FRAUD IF THE COMMISSIONER DETERMINES
32 THAT THE INTEREST IN DISCLOSURE OVERRIDES THE INTEREST TO BE SERVED BY
33 NONDISCLOSURE OR IF THE COMMISSIONER DETERMINES THERE EXISTS A COMPEL-
34 LING PUBLIC INTEREST FOR DISCLOSURE WHICH OVERRIDES THE INTEREST TO BE
35 SERVED BY NONDISCLOSURE.
36 S 5. The state finance law is amended by adding a new section 99-t to
37 read as follows:
38 S 99-T. VICTIM OF INMATE FRAUD FUND. 1. THERE IS HEREBY ESTABLISHED IN
39 THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE
40 "VICTIMS OF INMATE FRAUD FUND".
41 2. THE VICTIMS OF INMATE FRAUD FUND SHALL CONSIST OF MONEYS DEPOSITED
42 THEREIN PURSUANT TO SUBDIVISION SEVEN OF SECTION EIGHTY OF THE
43 CORRECTION LAW.
44 3. THE MONEYS IN THE INMATE FRAUD FUND SHALL BE KEPT SEPARATE FROM AND
45 SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
46 STATE COMPTROLLER. SUCH MONEYS SHALL BE ALLOCATED TO AND EXPENDED BY THE
47 DEPARTMENT OF CORRECTIONS SOLELY FOR THE PURPOSE OF ADMINISTERING
48 SECTION EIGHTY OF THE CORRECTION LAW.
49 S 6. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law.
