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A00397 Summary:

BILL NOA00397
 
SAME ASSAME AS S04307
 
SPONSORBurdick
 
COSPNSR
 
MLTSPNSR
 
Amd §187, Cor L
 
Establishes an optional retirement stipend of thirty dollars per month for incarcerated individuals over age sixty-two who have completed at least five years of their sentence.
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A00397 Actions:

BILL NOA00397
 
01/09/2023referred to correction
01/03/2024referred to correction
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A00397 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A397
 
SPONSOR: Burdick
  TITLE OF BILL: 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   PURPOSE:: To establish a retirement program for incarcerated individuals once they reach the age of 62 and have served at least five years of their sentences.   SUMMARY OF PROVISIONS:: Section 1 amends correction law section 187 by adding a new section five. Section 2 sets forth the effective date   JUSTIFICATION:: By DOCCS rules, elderly incarcerated individuals typically have to keep working and participating in programs even if they are well past retire- ment age. Older individuals tend to be more isolated than younger pris- oners and have less family support, so they often do not have outside income sources or anyone to send them packages, making them totally reliant on the income they receive from their jobs in the prisons in order to make commissary purchases. Older prisoners should be able to buy basic necessities without having to work until they are completely incapacitated. People who are not incarcerated are eligible for social security and can begin receiving their retirement benefits at the age of 62. People in prison should have the same benefit, even if drastically reduced.   LEGISLATIVE HISTORY:: 2021-2022A8499 (Burdick) referred to Correction.   FISCAL IMPLICATIONS:: TBD   LOCAL FISCAL IMPLICATIONS:: N/A   EFFECTIVE DATE:: This act shall take effect one year after it shall have become a law.
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A00397 Text:



 
                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
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