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A correction officer or correction officers from the department of correction shall at all times direct and guard all incarcerated individuals of any of the institutions in the department of correction who are performing work for any other agency.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
The establishment of a fund to be known as "manufacturing fund, department of correction," is authorized. The comptroller is directed to place in such fund all moneys received or realized through the sale of articles manufactured by the department of correction. The comptroller is authorized to charge against such fund any voucher received from the department of correction for the purchase of materials, supplies, equipment, repairs, replacements and royalties on manufacturing industry machines to be used in its manufacturing industries. The comptroller is further directed to transfer to the general fund of the city at the end of each calendar year any sums remaining in such manufacturing fund in excess of seventy-five thousand dollars of the unencumbered balance.
a. The commissioner of correction shall have custody of civil prisoners and the prisons wherein they are confined.
b. The commissioner of correction may keep in any place or places under the commissioner's jurisdiction persons lawfully committed to his or her custody without regard to the county wherein such persons may have been arrested. Any such person who is entitled to the liberties of the jail must be admitted to the jail liberties of the county wherein such person was originally arrested.
Any part of the institutions under the jurisdiction of the commissioner of correction which shall be set aside for the accommodation of prisoners detained by civil process shall be under the control of such commissioner of correction.
a. The department of correction and the department of homeless services shall develop a process for identifying individuals who repeatedly are admitted to city correctional institutions and who, in addition, either immediately before their admission to or after their release from such institutions, are housed in shelter provided by the department of homeless services.
b. The department of correction shall collect, from any sentenced incarcerated individual who will serve, after sentencing, ten days or more in any city correctional institution, information relating to such incarcerated individual's housing, employment and sobriety needs. The department of correction shall, with the consent of such incarcerated individual, provide such information to any social service organization that is providing discharge planning services to such incarcerated individual under contract with the department of correction. For the purposes of this section and sections 9-128 and 9-129 of this title, "discharge planning" shall mean the creation of a plan for post-release services and assistance with access to community-based resources and government benefits designed to promote an incarcerated individual's successful reintegration into the community.
(Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.
a. As used in this section, the following terms have the following meanings:
Discharge plan. The term "discharge plan" means a plan describing the manner in which an eligible incarcerated individual will be able to receive re-entry services upon release from the custody of the department to the community. A discharge plan shall, to the extent practicable, be designed to address the unique needs of each eligible incarcerated individual, including but not limited to the incarcerated individual's geographic location upon release from the custody of the department, specific social service needs if applicable, prior criminal history, and employment needs.
Eligible incarcerated individual. The term "eligible incarcerated individual" means a person who served a sentence of 30 days or more in the custody of the department, and who is being released from the custody of the department to the community.
Re-entry services. The term "re-entry services" means appropriate programming and support planning offered to an incarcerated individual upon release from the custody of the department to the community, as well as follow-up support offered to the incarcerated individual after his or her release. Such programming, support planning, and follow-up support shall include case management and connections to employment, and other social services that may be available to such incarcerated individual upon his or her release.
b. Prior to the release of an eligible incarcerated individual from the custody of the department, a designee of the department shall to the extent practicable develop and offer to such incarcerated individual a discharge plan. Discharge plans developed pursuant to this section shall not be required when, upon release from the custody of the department, an incarcerated individual is transferred to the custody of another government agency or to the custody of a hospital or healthcare provider, or where a discharge plan is otherwise required by law.
(L.L. 2017/167, 9/8/2017, eff. 6/1/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. The department of correction shall make applications for government benefits available to incarcerated individuals by providing such applications in areas accessible to incarcerated individuals in city correctional institutions.
b. The department of correction shall provide assistance with the preparation of applications for government benefits and identification to sentenced incarcerated individuals who will serve, after sentencing, thirty days or more in any city correctional institution and who receive discharge planning services from the department of correction or any social services organization under contract with the department of correction, and, in its discretion, to any other incarcerated individual who may benefit from such assistance.
c. Notwithstanding any other provision of law, any person born in the city of New York and sentenced to ninety days or more in a New York city correctional facility who will serve, after sentencing, thirty days or more in a New York city correctional facility, shall be provided by the department before or at release, or within two weeks thereafter if extenuating circumstances exist, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate from the department at least two weeks prior to release. Upon such request, the department shall request such certificate from the department of health and mental hygiene in a form and manner approved by the commissioner of the department of health and mental hygiene. The department shall inform such person of his or her ability to receive such certificate pursuant to the provisions of this subdivision within three days of his or her admission to a sentencing facility. No person shall receive more than one birth certificate without charge pursuant to this subdivision.
d. Upon release, the department of correction shall provide a letter of incarceration to every person discharged from a New York city correctional facility, regardless of whether such person was held pre-trial or was subject to an order of commitment that provided that such incarcerated individual remain in the custody of the department. Such letter shall specify both the date the person entered and the date such person was released from the custody of the department.
(Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2024/036, 1/20/2024, eff. 5/19/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.
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