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History
- Referred to correction
Full text
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Sponsor's memo
BILL NUMBER:A10362
Title of bill
An act to amend the correction law, in relation to civil judgments or settlements awarded to inmates
Purpose or general idea of bill
Provides for disposition of civil judgement or settlement realized by prisoner.
Summary of specific provisions
This bill would amend the Correction Law, by adding a new section 620-a: "any settlement or judgment realized by a prisoner in a state or local correction facility as a result of a civil action for damages suffered while such a prisoner, shall be depos- ited with the department in a trust fund account; and such earnings shall be subject to an attachment or garnishment, less any deductions required or authorized by law."
Effects of present law which this bill would alter
Present law does not address the disposition of civil settlements or judgments recovered by inmates of state correctional facilities.
Justification
There have been numerous cases where indigent inmates have been unable to pay court fines, mandatory surcharges, reparation, or restitution; and have had no assets for the victims to attach in a civil lawsuit at the time of their incarceration. However, if an inmate is injured while incarcerated, he can receive judgments from the state providing a windfall, as a result this legislation would allow this windfall to be deposited within the Department of Corrections in a trust fund account, and can be attached or garnished.
Prior legislative history
2008: A.4834; Referred to Corrections 2007: A.4834; Referred to Corrections 2006: A.2979; Referred to Corrections 2005: A.2979; Referred to Corrections 2004: A.2232; Held for consideration in Corrections 2003: A.2232; Referred to Corrections 2002: A.3184; Referred to Corrections 2001: A.3184; Referred to Corrections 2000: A.2763; Reference changed to Corrections 1999: A.2763; Referred to Corporations, Authorities and Commissions 1998: A.3363; Referred to Corrections 1997: A.3363; Held for consideration in Corrections 1996: A.1707; Held for consideration in Corrections 1995: A.1707; Referred to Corrections
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.