Proposed Int. No. 246-A
By Council Members Hudson, Nurse, the Public Advocate (Mr. Williams) and Council Members Louis, Brewer, Hanif, Feliz, Schulman, Santosuosso, Brooks-Powers, Williams, Avilés, Narcisse, Epstein, Wilson, P. Sanchez, Maloney and Stevens
A Local Law to amend the administrative code of the city of New York, in relation to returning funds remaining in commissary accounts when incarcerated individuals are released from custody
Be it enacted by the Council as follows:
Section 1. Section 9-162 of the administrative code of the city of New York, as added by local law number 60 for the year 2021, is amended to read as follows:
§ 9-162 [Commissary] Institutional fund accounts of incarcerated individuals. a. [When] Definitions. For purposes of this section the following terms have the following meanings:
Designated citywide languages. The term “designated citywide languages” has the same meaning as set forth in section 23-1101.
Institutional funds. The term “institutional funds” has the same meaning as the term “prisoner funds” set forth in subdivision 7 of section 500-c of the correction law, or any successor provision of such law.
b. Disbursement of institutional funds. 1. Prior to the release of an incarcerated individual [is released] from the custody [in a departmental facility] of the department, the [department] commissioner shall, [as part of the discharge process, assist the individual in receiving unused commissary funds. Such assistance shall be given] in a designated citywide language [the incarcerated individual can understand and shall include but not be limited to providing], advise such individual, orally and in writing, [information on] of the amount of [commissary] institutional funds remaining in their account[,] and how and where to obtain such funds [and the locations at which they can immediately receive up to $200 in cash of such funds. For the purposes of this section, the term "commissary funds" has the same meaning as the term "prisoner funds" set forth in subdivision f of section 500-c of the correction law and in section 7016.2 of title 9 of the New York code of rules and regulations, or any successor provisions of such law or rules.
b. Immediately upon request from a formerly incarcerated individual at a location at which commissary funds are made available, the department shall return up to $200 of such funds in cash, and any funds to which such individual is entitled that exceed $200 shall be distributed by check and sent by mail if all necessary information, including a name and mailing address, is provided by such individual. The department shall also make such checks available to be retrieved by the formerly incarcerated individual in person at the cashier window within three business days of receiving a request from a formerly incarcerated individual. Such formerly incarcerated individual will have 90 days to retrieve such check in person. If such individual does not pick up the check within 90 days, the individual may request a new check to be issued. The department shall attempt to contact the formerly incarcerated individual if such individual does not pick up the check within 90 days and notify such individual that they may request a new check to be issued. Such individual must pick up the new check within 90 days].
2. (a) The commissioner shall make available such institutional funds in the form of:
(1) Cash;
(2) A check;
(3) On and after a date 9 months after the effective date of the local law that added this paragraph, a preloaded debit card; or
(4) Some combination thereof.
(b) When an individual requests such funds in the form of cash or a preloaded debit card, the commissioner shall provide such funds immediately upon such request. The commissioner shall provide funds requested by such an individual in the form of a check as soon as practicable.
(c) An individual may request that such funds in the form of a check be mailed by providing the department a notarized letter requesting the return of such funds that includes:
(1) The full legal name of such individual;
(2) An address where such funds shall be sent; and
(3) The New York state identification number or booking or case number for such individual.
3. Prior to the transfer of an incarcerated individual in the custody of the department to the custody of any other correctional facility that maintains institutional funds, the commissioner shall provide such individual with written notice that such individual’s institutional funds may be transferred to such facility. Such notice shall advise such individual of any information such individual shall provide to the department, and the manner and time within which such individual shall provide such information to the department, as necessary to enable the department to transfer such funds to such other correctional facility. The commissioner shall, to the extent practicable, send such funds no later than 30 days after receipt of such information.
c. Fees prohibited. No formerly incarcerated individual receiving unused [commissary] institutional funds shall pay any fee in connection with the procedures established in accordance with this section for receiving such funds.
d. Awareness plan. No later than December 1, 2022, the department shall establish a plan, upon consultation with the agency or agencies designated by the mayor, for raising awareness regarding the procedures by which formerly incarcerated individuals can obtain [commissary] institutional funds and for retrieving information necessary to return such funds to such individuals. The department shall make reasonable efforts to return unused [commissary] institutional funds to their rightful owners.
e. Reporting on institutional funds. No later than May 31, 2023 and by May 31 of each subsequent year thereafter, the department shall report to the council and post permanently on its website a report of the aggregate amount of [commissary] institutional funds remaining in the accounts of all individuals who are no longer in the custody of the department, the number of such accounts and efforts made in each year to return any unclaimed funds during the reporting period.
§ 2. This local law takes effect 270 days after it becomes law.
JW/JMF
LS #14257
Int. #0825-2024
9/16/2026 9:27 PM