N.Y. Correction Law § 125: Incarcerated individuals' money, clothing and other property; what to be furnished them on their release

§ 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, including but not limited to any identification, and shall

cause the same, immediately upon the receipt thereof, to be entered

among the receipts of the facility; which money and other articles,

including but not limited to any identification materials, 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, including but not limited to any

identification materials 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.