N.Y. Correction Law § 116: incarcerated individuals' funds

§ 116. incarcerated individuals' funds. The warden or superintendent

of each of the institutions within the jurisdiction of the department of

corrections and community supervision shall deposit at least once in

each week to his or her credit as such warden, or superintendent, in

such bank or banks as may be designated by the comptroller, all the

moneys received by him or her as such warden, or superintendent, as

incarcerated individuals' funds, and send to the comptroller and also to

the commissioner monthly, a statement showing the amount so received and

deposited. Such statement of deposits shall be certified by the proper

officer of the bank receiving such deposit or deposits. The warden, or

superintendent, shall also verify by his or her affidavit that the sum

so deposited is all the money received by him or her as incarcerated

individuals' funds during the month. Any bank in which such deposits

shall be made shall, before receiving any such deposits, file a bond

with the comptroller of the state, subject to his or her approval, for

such sum as he or she shall deem necessary. Upon a certificate of

approval issued by the director of the budget, pursuant to the

provisions of section fifty-three of the state finance law, the amount

of interest, if any, heretofore accrued and hereafter to accrue on

moneys so deposited, heretofore and hereafter credited to the warden, or

superintendent, by the bank from time to time, shall be available for

expenditure by the warden, or superintendent, subject to the direction

of the commissioner, for welfare work among the incarcerated individuals

in his or her custody. The withdrawal of moneys so deposited by such

warden, or superintendent, as incarcerated individuals' funds, including

any interest so credited, shall be subject to his or her check. Each

warden, or superintendent, shall each month provide the comptroller and

also the commissioner with a record of all withdrawals from incarcerated

individuals' funds. As used in this section, the term "incarcerated

individuals' funds" means the funds in the possession of the

incarcerated individual at the time of his or her admission into the

institution, funds earned by him or her as provided in section one

hundred eighty-seven of this chapter and any other funds received by him

or her or on his or her behalf and deposited with such warden or

superintendent in accordance with the rules and regulations of the

commissioner. Whenever the total unencumbered value of funds in an

incarcerated individual's account exceeds ten thousand dollars, the

superintendent shall give written notice to the office of victim

services.