Bill Text: NY S05092 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for the return of any identification materials to an individual upon release from custody.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-30 - SUBSTITUTED BY A9186A [S05092 Detail]

Download: New_York-2023-S05092-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5092--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- recommitted to the Committee on Crime Victims, Crime and
          Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the correction law, in relation  to  providing  for  the
          return  of  any identification materials to an individual upon release
          from custody

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 125 of the correction law, as
     2  amended by chapter 322 of the laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    1.  The  superintendent,  or an employee covered by bond who is desig-
     5  nated by the superintendent, of each correctional  facility  shall  take
     6  charge  of  all  moneys  and  other articles which may be brought to the
     7  facility by the incarcerated individuals, including but not  limited  to
     8  any  identification,  and  shall  cause  the  same, immediately upon the
     9  receipt thereof, to be entered among the receipts of the facility; which
    10  money and other articles, including but not limited to  any  identifica-
    11  tion  materials, whenever the incarcerated individual from whom the same
    12  was received shall be discharged from the custody of the department,  or
    13  the  same  shall be otherwise legally demanded, shall be returned by the
    14  said superintendent to such  incarcerated  individual  or  other  person
    15  legally  entitled to the same, and vouchers shall be taken therefor. The
    16  commissioner shall  promulgate  rules  and  regulations  concerning  the
    17  custody and transfer of such money and other articles, including but not
    18  limited  to  any  identification  materials  in cases where incarcerated
    19  individuals are transferred from one facility to another.
    20    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09684-03-4