STATE OF NEW YORK ________________________________________________________________________ 5092 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 AN ACT to amend the correction law and the executive law, in relation to providing for the return of any identification materials to an indi- vidual 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. The executive law is amended by adding a new section 837-x to 21 read as follows: 22 § 837-x. Return of identification materials. 1. The member of a police 23 department, county sheriff's office, the state police or other law EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09684-01-3S. 5092 2 1 enforcement officer designated to release an individual from custody 2 shall return to such individual any identification materials such indi- 3 vidual was in possession of when taken into custody. 4 2. As used in this section, the term "law enforcement officer" means 5 any public servant who is authorized to conduct an investigation, prose- 6 cute or make an arrest for a criminal offense. 7 § 3. This act shall take effect immediately.