New York § 125 - 125Incarcerated individuals' money, clothing and other property; what to be furnished them on their release

§ 125. 125Incarcerated individuals' money, clothing and other property; what to be furnished them on their release

§ 125. Incarcerated individuals' money, clothing and other property; what to be furnished them on their release. 1. The superintendent, or an employee covered by bond who is designated by the superintendent, of each correctional facility shall take charge of all moneys and other articles which may be brought to the facility by the incarcerated individuals, including but not limited to any identification, and shall cause the same, immediately upon the receipt thereof, to be entered among the receipts of the facility; which money and other articles, including but not limited to any identification materials, whenever the incarcerated individual from whom the same was received shall be discharged from the custody of the department, or the same shall be otherwise legally demanded, shall be returned by the said superintendent to such incarcerated individual or other person legally entitled to the same, and vouchers shall be taken therefor. The commissioner shall promulgate rules and regulations concerning the custody and transfer of such money and other articles, including but not limited to any identification materials in cases where incarcerated individuals are transferred from one facility to another. 2. The superintendent of each of said facilities shall furnish to each incarcerated individual who shall be discharged or released from said facility by pardon, parole, conditional release or otherwise, except such incarcerated individuals as are released for return for resentence or new trial or upon a certificate of reasonable doubt, and except such incarcerated individuals who are released to participate in a program outside the facility who are required to return to the facility, suitable clothing adapted to the season in which he or she is discharged not to exceed sixty-five dollars in value and transportation to the county of his or her conviction or to such other place as the commissioner may designate. In addition, the commissioner shall take such steps as are necessary to ensure that incarcerated individuals have at least forty dollars available upon release. 3. In any case where an incarcerated individual is not entitled to receive clothing and transportation under subdivision two of this section, the superintendent, in his or her discretion, but subject to the rules of the department, may furnish an incarcerated individual who is released from a facility with clothing or transportation not in excess of the value for each item specified in subdivision two of this section.