N.Y. Correction Law Section 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, and shall cause the same, immediately upon the receipt thereof, to be entered among the receipts of the facility; which money and other articles, 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 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.

Source: Section 125 — Incarcerated individuals' money, clothing and other property; what to be furnished them on their release, https://www.­nysenate.­gov/legislation/laws/COR/125 (updated Aug. 13, 2021; accessed Apr. 20, 2024).

112
Powers and duties of commissioner relating to correctional facilities and community supervision
113
Absence of incarcerated individual for funeral and deathbed visits authorized
114
Rehabilitation programs for women
115
Fiscal accounts and records
116
incarcerated individuals’ funds
117
Estimates of expenses
118
Custody and supervision of persons in Westchester county correctional facilities
119
Daily report concerning incarcerated individuals
120
Custody and supervision of persons in correctional facilities
121
Private ownership or operation of correctional facilities
122
Control of fiscal transactions and recovery of debts
125
Incarcerated individuals’ money, clothing and other property
126
Punishment of superintendent for neglect of duty
130
Custody of incarcerated individual sentenced to death and commuted by governor
132
Retaking of an escaped incarcerated individual
133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed
134
Religious dietary requirements
136
Correctional education
137
Program of treatment, control, discipline at correctional facilities
138
Institutional rules and regulations for incarcerated individuals at all correctional facilities
138‑A
Notification of visitation policies
139
Grievance procedures
140
Provision for routine medical, dental and mental health services and treatment
141
Contagious disease in facility
142
Fire in facility
143
Custody of persons convicted of crimes against the United States
146
Persons authorized to visit correctional facilities
147
Noncitizen incarcerated individuals of correctional facilities
148
Psychiatric and diagnostic clinics
149
Released incarcerated individuals

Accessed:
Apr. 20, 2024

Last modified:
Aug. 13, 2021

§ 125’s source at nysenate​.gov

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