S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9115
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced by M. of A. GIBBS, BICHOTTE HERMELYN, TAYLOR -- read once and
   referred to the Committee on Correction
 
 AN  ACT  to  amend  the  correction  law  and  the state finance law, in
   relation to providing for money upon release for certain  incarcerated
   individuals; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 12 to
 read as follows:
   § 12. GATE MONEY PROGRAM. 1. AS USED IN THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PROGRAM"  MEANS  THE  GATE MONEY PROGRAM ESTABLISHED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   (B) "ELIGIBLE INCARCERATED INDIVIDUAL" MEANS AN INCARCERATED  INDIVID-
 UAL  WHO  IS RELEASED FROM A STATE CORRECTIONAL FACILITY AFTER SERVING A
 MINIMUM OF SIX MONTHS WHO HAS NOT PREVIOUSLY  RECEIVED  MONEY  FROM  THE
 PROGRAM.
   2.  THE  COMMISSIONER SHALL DEVELOP A GATE MONEY PROGRAM THAT PROVIDES
 FOR ELIGIBLE INCARCERATED INDIVIDUALS TO RECEIVE A MONTHLY STIPEND  UPON
 RELEASE FROM A STATE CORRECTIONAL FACILITY.
   3.  (A)  STIPENDS PAID TO AN ELIGIBLE INCARCERATED INDIVIDUAL PURSUANT
 TO THE PROGRAM SHALL BE NO LESS THAN FOUR  HUNDRED  TWENTY-FIVE  DOLLARS
 PER  MONTH  FOR  A  PERIOD  OF UP TO SIX MONTHS.   THE MAXIMUM AGGREGATE
 AMOUNT ANY INDIVIDUAL SHALL RECEIVE FROM THE  PROGRAM  IS  TWO  THOUSAND
 FIVE HUNDRED FIFTY DOLLARS.
   (B)  THE  DOLLAR AMOUNTS IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
 ADJUSTED ANNUALLY FOR INFLATION AS DETERMINED FROM THE INCREASE  IN  THE
 CONSUMER  PRICE INDEX IN THE ONE YEAR PERIOD ENDING ON THE MARCH THIRTY-
 FIRST PRIOR TO THE COST-OF-LIVING ADJUSTMENT EFFECTIVE  ON  THE  ENSUING
 SEPTEMBER FIRST.
   4.  (A)  THE  INITIAL PAYMENT OF A PROGRAM STIPEND SHALL BE MADE IMME-
 DIATELY UPON RELEASE OF THE ELIGIBLE INCARCERATED INDIVIDUAL IN THE FORM
 OF CASH OR A CHECK. SUCH PROGRAM STIPEND SHALL BE  IN  ADDITION  TO  ANY
 OTHER FUNDS TO BE PAID OR RETURNED TO SUCH INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11085-02-4
 A. 9115                             2
 
   (B)  SUBSEQUENT PROGRAM STIPEND PAYMENTS SHALL BE MADE ON THE FIRST OF
 EACH MONTH BY THE COMMUNITY  SUPERVISION  AGENCY  RESPONSIBLE  FOR  SUCH
 INDIVIDUAL.
   5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN INCARCERATED
 INDIVIDUAL WHO IS RELEASED TO THE CUSTODY OF ANOTHER STATE OR THE FEDER-
 AL GOVERNMENT.
   6. STIPEND PAYMENTS PAID PURSUANT TO THE PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE  TAKEN INTO CONSIDERATION WHEN DETERMINING ELIGIBILITY OR
 CALCULATING THE AMOUNT OF BENEFITS FOR ANY PUBLIC ASSISTANCE PROGRAM.
   7. THE DEPARTMENT SHALL COLLECT DATA ON  THE  NUMBER  OF  INCARCERATED
 INDIVIDUALS PARTICIPATING IN THE PROGRAM AND ISSUE A REPORT ON SUCH DATA
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY ANNUALLY.
   8. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  GATE MONEY FUND. 1. A SPECIAL FUND TO BE KNOWN AS THE "GATE
 MONEY FUND" IS HEREBY ESTABLISHED IN THE  CUSTODY  OF  THE  STATE  COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2.  THE  FUND  SHALL  CONSIST OF ALL MONIES APPROPRIATED, CREDITED, OR
 TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL  MONIES  REQUIRED  BY  ANY
 PROVISION  OF LAW TO BE PAID INTO OR CREDITED TO THE FUND AND ANY INTER-
 EST EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OF MONIES IN THE FUND.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM IN THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE  FUND,  WHEN  ALLOCATED, SHALL BE AVAILABLE TO THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION TO PROVIDE  STIPENDS
 PURSUANT TO THE PROVISIONS OF SECTION TWELVE OF THE CORRECTION LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF CORRECTIONS AND COMMUNITY SUPERVISION.
   §  3.  The  sum of twenty-five million dollars ($25,000,000) is hereby
 appropriated from any moneys in the state treasury in the  general  fund
 to  the  credit  of  the gate money fund established pursuant to section
 99-rr of the state finance law in carrying out the  provisions  of  this
 act.    Such  sum shall be payable on the audit and warrant of the state
 comptroller on vouchers certified or approved in the manner provided  by
 law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.