§ 9-128 Applications for government benefits.
AC § 9-128
a. The department of correction shall make applications for government benefits available to incarcerated individuals by providing such applications in areas accessible to incarcerated individuals in city correctional institutions. b. The department of correction shall provide assistance with the preparation of applications for government benefits and identification to sentenced incarcerated individuals who will serve, after sentencing, thirty days or more in any city correctional institution and who receive discharge planning services from the department of correction or any social services organization under contract with the department of correction, and, in its discretion, to any other incarcerated individual who may benefit from such assistance. c. Notwithstanding any other provision of law, any person born in the city of New York and sentenced to ninety days or more in a New York city correctional facility who will serve, after sentencing, thirty days or more in a New York city correctional facility, shall be provided by the department before or at release, or within two weeks thereafter if extenuating circumstances exist, at no cost to such person, a certified copy of his or her birth certificate to be used for any lawful purpose; provided that such person has requested a copy of his or her birth certificate from the department at least two weeks prior to release. Upon such request, the department shall request such certificate from the department of health and mental hygiene in a form and manner approved by the commissioner of the department of health and mental hygiene. The department shall inform such person of his or her ability to receive such certificate pursuant to the provisions of this subdivision within three days of his or her admission to a sentencing facility. No person shall receive more than one birth certificate without charge pursuant to this subdivision. d. Upon release, the department of correction shall provide a letter of incarceration to every person discharged from a New York city correctional facility, regardless of whether such person was held pre-trial or was subject to an order of commitment that provided that such incarcerated individual remain in the custody of the department. Such letter shall specify both the date the person entered and the date such person was released from the custody of the department. (Am. L.L. 2016/121, 10/28/2016, eff. 10/28/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021; Am. L.L. 2024/036, 1/20/2024, eff. 5/19/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/054.
