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.
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.
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