What's happening
This bill requires inmates with significant assets to reimburse the state for their incarceration costs, based on a sliding scale.
Why it matters
Could create significant financial consequences for wealthier inmates and their families. , as individuals with over $40,000 in assets would be required to pay a portion (up to 100%) of their incarceration costs, potentially impacting inheritances, savings, and family resources.
Excludes the value of a primary residence from asset calculations. , which means inmates won’t be forced to sell or use home equity to pay for imprisonment, somewhat protecting family stability.
May set a precedent for means-tested public service fees in the criminal justice system. , raising questions about fairness, deterrence, and the role of personal wealth in the administration of justice.
Could affect inmate rehabilitation and reentry. , as draining personal assets could make it harder for released individuals to reintegrate, secure housing, or find employment after serving their sentences.
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Who cares
State prison inmates with at least $40,000 in assets
They would have to reimburse 20% to 100% of their confinement costs, depending on their assets excluding their home’s value or equity.
State prison inmates with less than $40,000 in assets
They would owe no reimbursement under the bill’s asset-based schedule.
Incarcerated homeowners
Their home’s value and any equity would be excluded when determining their reimbursement obligation.
Department of Corrections and Community Supervision
Its commissioner would be required to issue rules implementing the reimbursement system.
Headline styles
Make Some Inmates Pay Prison Costs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4271
2017-2018 Regular Sessions
IN SENATE
February 7, 2017
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to reimbursement of inmate expenses of imprisonment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 601-e to read as follows:
§ 601-e. Reimbursement for costs of imprisonment. 1. Notwithstanding any provision of law to the contrary, the expense of maintaining inmates imprisoned in a correctional facility operated by the department shall be upon the inmates according to the schedule set forth in subdivision two of this section.
2. (a) The following schedule shall be used to determine the percentage of the expense of maintaining an inmate required to be paid by such inmate:
(i) an inmate with total assets of two hundred thousand dollars or more, one hundred percent of such expense;
(ii) an inmate with total assets of one hundred sixty thousand dollars or more but less than two hundred thousand dollars, eighty percent of such expense;
(iii) an inmate with total assets of one hundred twenty thousand dollars or more but less than one hundred sixty thousand dollars, sixty percent of such expense;
(iv) an inmate with total assets of eighty thousand dollars or more but less than one hundred twenty thousand dollars, forty percent of such expense;
(v) an inmate with total assets of forty thousand dollars or more but less than eighty thousand dollars, twenty percent of such expense; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06374-01-7
S. 4271 2
(vi) an inmate with total assets of less than forty thousand dollars, zero percent of such expense.
(b) For purposes of this subdivision, the term "total assets" shall not include the value of the inmate's home or any equity in such home.
3. The commissioner is hereby authorized and directed to promulgate rules and regulations necessary for the implementation of this section.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to reimbursement of inmate expenses of imprisonment
Purpose or general idea of bill
This bill adds a new section 601-e to the Correction Law to require wealthy inmates to pay the costs associated with their incarceration.
Summary of specific provisions
This bill creates a schedule to determine the percentage of the costs of incarceration that must be borne by the inmate. An inmate with total assets of $200,000 or more shall pay one hundred percent of his or her incarceration costs. An inmate with assets of more than $160,000 but less than $200,000 shall pay eighty percent of his or her incarceration costs. Inmates with assets of $120,000 or more but less than $160,000 shall pay sixty percent. An inmate with assets of $80,000 or more but less than $120,000 shall pay forty percent of his or her costs. An inmate with assets of $40,000 but less than $80,000 shall pay twenty percent of his or her expenses. Lastly, an inmate with total assets less than $40,000 shall not be required to pay any of the costs associated with incarceration. The term "total assets" shall not include the value of an inmate's home or any equity in that home,
Justification
This legislation seeks to eliminate situations where taxpayers are forced to pay costs associated with incarcerating well-off criminals. Taxpayers should not be stuck with the bill housing well off criminals that often are able to return to their opulent lifestyles once they are released. Forcing wealthy criminals to pay the costs associated with their incarceration will act as a deterrent and will prevent the inappropriate use of taxpayer funds in our prisons. "A recent incident in lower Manhattan's Tombs prison demonstrates the needs for this legislation. That facility was used as a social club for parties hosted by wealthy inmates and their connected friends. This bill will hold criminals accountable for their actions while taking the fiscal burden off our taxpayers.
Prior legislative history
New Bill
Fiscal implications
To be determined
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment and/or repeal of. regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.