Creates the child support work program for county jails for prisoners under a court order to pay child support who have accumulated support arrears equivalent to or greater than the amount of current support due for a period of four months; sheriff shall determine who shall participate in such program; work under such program shall be at the jail and not off-premises.
STATE OF NEW YORK
________________________________________________________________________
6456
2013-2014 Regular Sessions
IN ASSEMBLY
April 1, 2013
___________
Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to child support work
programs for county jails
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new article 28 to
2 read as follows:
3 ARTICLE 28
4 CHILD SUPPORT WORK PROGRAM FOR COUNTY JAILS
5 Section 890. Establishment of the child support work program.
6 891. Procedures.
7 892. When employment prohibited.
8 893. Prisoner not an agent of county.
9 894. Annual report.
10 § 890. Establishment of the child support work program. The sheriff,
11 upon approval of the legislative body of the county, shall establish a
12 child support work program pursuant to which a prisoner, under a court
13 order to pay child support or combined child and spousal support to a
14 support collection unit on behalf of persons receiving services under
15 title six-A of article three of the social services law, who has accumu-
16 lated support arrears equivalent to or greater than the amount of
17 current support due for a period of four months, and who is sentenced to
18 and confined in any county jail under his or her jurisdiction, may be
19 granted the privilege of performing work at the jail for an amount of
20 compensation that shall be paid to a support collection unit on behalf
21 of persons receiving services under title six-A of article three of the
22 social services law. For purposes of determining whether a support obli-
23 gor has accumulated support arrears equivalent to or greater than the
24 amount of current support due for a period of four months, the existence
25 of any retroactive support shall not be included in the calculation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07862-01-3
A. 6456 2
1 support arrears pursuant to this section; however, if at least four
2 months of support arrears has accumulated subsequent to the date of the
3 court order, the entire amount of any retroactive support may be
4 collected pursuant to the provisions of this article or as otherwise
5 authorized by law.
6 § 891. Procedures. Pursuant to rules and regulations promulgated by
7 the sheriff and approved by the department, any prisoner sentenced to
8 and confined in any jail for which the sheriff has established a child
9 support work program pursuant to this article may be required by the
10 sheriff to participate in such program. The sheriff shall prepare a
11 specific, written child support work plan for the prisoner which shall
12 contain such terms and conditions as shall be deemed reasonably proper
13 and necessary. The work release plan may be revoked, suspended or modi-
14 fied by the sheriff at any time for good cause, with or without notice
15 to the prisoner.
16 § 892. When employment prohibited. (a) No employment under the child
17 support work program for any prisoner shall be approved if it is ascer-
18 tained by the sheriff that such employment will result in the displace-
19 ment of employed workers, or be applied in skills, crafts or trades in
20 which there is a surplus of available labor in the locality.
21 (b) The state department of labor shall exercise the same supervision
22 over conditions of employment for prisoners participating in the child
23 support work program as such department does over conditions of employ-
24 ment for free persons.
25 § 893. Prisoner not an agent of county. No prisoner participating in a
26 child support work program shall be deemed an agent, employee or invol-
27 untary servant of the county while working while in confinement pursuant
28 to the terms of any child support work plan.
29 § 894. Annual report. The sheriff shall annually prepare a report of
30 the child support work program which shall be transmitted to the legis-
31 lature on or before the first day of March in each year. Such annual
32 report shall include a summary of the operations and activities of the
33 program for the preceding year and such recommendations for the improve-
34 ment of the program as the sheriff shall deem necessary and proper.
35 § 2. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law, provided however, that effective immediate-
37 ly, the addition, amendment and/or repeal of any rules or regulations
38 necessary for the implementation of the foregoing section of this act on
39 its effective date is authorized and directed to be made and completed
40 on or before such effective date.
