N.Y. Correction Law 860 – Disposition of earnings
§ 860. Disposition of earnings. The earnings of an incarcerated individual participating in a work release program, less any payroll deductions required or authorized by law, shall be turned over to the warden who shall deposit such receipts as incarcerated individuals' funds pursuant to section one hundred sixteen of this chapter. Such receipts shall not be subject to attachment or garnishment in the hands of the warden. The commissioner of correction may authorize the warden to make disbursements of such receipts, and such receipts may be disbursed, for any or all of the following purposes:
Terms Used In N.Y. Correction Law 860
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Institution: means any institution under the jurisdiction of the state department of corrections and community supervision or an institution designated by the commissioner pursuant to section seventy-two-a of this chapter. See N.Y. Correction Law 851
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Warden: means the person in charge of an institution, by whatever title he may be known. See N.Y. Correction Law 851
- Work release program: means a program under which eligible incarcerated individuals may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of on-the-job training or employment, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
1. Appropriate and reasonable costs related to the incarcerated individual's participation in the work release program;
2. Support of the incarcerated individual's dependents;
3. Payment of fines imposed by any court;
4. Payment of any court ordered restitution or reparation to the victim of the incarcerated individual's crime.
5. Purchases by the incarcerated individual from the commissary of the institution.
The balance of such receipts, if any, after disbursements for the foregoing purposes shall be paid to the incarcerated individual upon termination of his or her imprisonment.